B08 RFQ SOW_0001.docx

Table of Contents

National Wildlife Health Center Underground Storage Tank Removal and Replacement Statement of Work

The U.S. Geological Survey (USGS) National Wildlife Health Center (NWHC) is seeking removal and replacement of two actively used Underground Storage Tanks (UST) which store diesel fuel for two separate emergency generator units. These UST were installed in late 1996 and are approaching the end of their lifespan.

1. BACKGROUND

The NWHC was established in 1975 to serve the nation and its natural resources by providing sound science and technical support regarding wildlife disease, and to disseminate information to promote science-based decisions affecting wildlife and ecosystem health. NWHC personnel study emerging and resurging diseases, wildlife and ecosystem health, zoonotic diseases, and environmental health and degradation. The NWHC is located on 24 acres and maintains offices and high security disease laboratories in the Main Building (MB) and the Tight Isolation Building (TIB).

Two separate UST (WI Tank ID 104631 and 10452) are actively being used to store diesel fuel for generators in the MB and TIB. These generators provide critical power for laboratory air handlers, freezers, and refrigerators during AC power outages. Both tanks are underground 5,000-gallon, double-walled fiberglass tanks. Both tanks have leak detection equipment installed. No leaks have been detected by the leak detection equipment during the lifespan of the tanks. Both tanks Permit to Operate (PTO) end on October 28, 2020.

To comply with Federal, State, and local regulations, the USGS is soliciting professional services to have both tanks removed and replaced. This will include or removing, recycling and/or properly disposing of the liquid(s) in the existing tank, removal and disposal of the existing tanks, testing and remediating the soil around the existing tanks, installing new tanks and backfilling the tanks in compliance with all current applicable federal and state regulations.

2. WORK SUMMARY:

The project requires the contractor to:

A. Obtain all necessary permits for the removal and replacement of two (2) UST in compliance with all EPA, Wisconsin Department of Agriculture, Trade and Consumer Protection (WDATCP), and all other state and local agencies having applicable permit requirements. Both tanks are 5,000-gallon, double-walled fiberglass tanks with leak detection.

B. Verify soils conditions around tank for contamination.

C. Pump-out, recycle and/or properly dispose of existing fluids in each tank.

D. Disconnect existing fill, vent, and product lines.

E. Remove two (2) existing underground storage tank (UST).

F. Inspect existing fuel line from tank to generator and replace or repair as required, in accordance with applicable laws.

G. Monitor and mitigate pollutants in the air and in the soil, as required, in accordance with applicable laws.

H. Install two (2) new 5,000-gallon, double-walled fiberglass tanks per the manufacturer’s recommendations and procedures.

I. Tank Level and Leak Detection Monitor System - Each tank will come equipped with a level and leak detection alarm and monitoring system that will be integrated with Johnson Controls – Metasys or BACNET compatible.

J. Provide final cleaning, cutting, and disposal of tank, in accordance with applicable laws.

K. Provide certification(s) to the owner that sludge, residue, rinsates, soil, water, UST, and ancillary piping have been disposed of and/or destroyed in compliance with all permitting agency requirements.

3. PROCESS REQUIREMENTS:

A. As part of the bid package, contractor will submit, to the owner, two copies of their Work Plan & schedule and two copies of the resume/data sheet of the contractors’ on-site project manager describing their training, previous experience with UST removal, disposal and replacement B. Contact WDATCP and obtain permit(s)/ approval for the tank removal.

C. Contact Wisconsin DOT, as necessary, for transportation permit(s).

D. Coordinate access to site for soil contamination testing with the USGS Technical Liaison officially designated by the USGS Contracting Officer in the contract.

E. Monitoring equipment, as required by environmental regulations, may be required on-site prior to, at the time of, and after the tank removal and will be provided by the contractor.

F. The site workers using monitoring equipment shall be familiar with the equipment and trained and qualified to operate such equipment.

4. SITE REQUIREMENTS:

A safe workplace shall be maintained throughout the contract period. Federal, State, and local requirements (as required) must be in place at the start of excavation. These items and actions may include, but are not limited to, the items listed below:

A. Site boundary safety can be provided with fencing (i.e. temporary orange plastic fencing).

B. Two readily available portable fire extinguishers (minimum rating of 4:A-40:BC) are to be provided by the contractor, as a minimum.

C. “No Smoking” signs shall be posed near the excavation area.

D. Site workers shall wear hard hats and steel-toed shoes when working in the excavation area.

E. Prior to any excavation work, all petroleum and other products shall be removed from the UST.

F. The tank and any associated filling piping shall be cleaned in accordance with environmental regulations. Under no circumstances will the UST be cut open on site to facilitate cleaning or inspection. At the conclusion of cleaning activities, all cleaning and rinse materials will be pumped from the UST and transported to an appropriate facility for recycling or disposal.

G. Site workers shall wear appropriate clothing for the potential environmental hazards found during the excavation and cleaning of the tank.

H. Equipment that is used where hazardous/flammable vapors may be present shall be bonded and/or grounded.

I. All ignition sources shall be eliminated in the tank removal & excavation area or wherever a hazardous environment may be present.

5. REMOVAL PROCEDURE:

An inspector(s) from the appropriate environmental agencies must be present during the removal procedures, if required.

A. The hydrocarbon vapor concentration shall be measured in accordance with EPA guidelines. If the vapor concentration is greater than EPA guidelines vapor suppression actions shall be initiated.

a. Vapor suppression actions may include any and all methods approved by the EPA. No entry of personnel should be permitted into the hazardous atmosphere (excavation).

B. The hydrocarbon vapor concentration shall be measured within the UST as prescribed by EPA regulations. If the vapor concentration is greater than EPA regulation limits the tank shall not be removed and additional cleaning, in accordance with regulations, shall be done.

C. Contractor shall use a government approved method to inert the UST, as necessary, and certify it safe for removal.

D. The oxygen level shall be measured inside the tank. The oxygen level shall be below government limits inside the UST.

E. The UST shall be lifted and removed from the excavation with the proper lifting equipment. Non-sparking tools shall be used to clean the debris from the exterior of the tank.

F. The tank shall be secured on the transportation vehicle and removed from the site.

G. All soils surrounding the tank on its projected rectangular sides that have been excavated for the removal of the UST will be treated as contaminated soil. Soil beneath the UST will be excavated to a depth of two feet (2’) below the resting bottom of the UST and treated as contaminated soil.

a. All contaminated soils will be removed from the site and disposed of in accordance with government regulations.

H. Once the excavation has been reviewed and certified compliant by state and/or local jurisdiction representative, the contractor shall proceed with the installation of the new tanks.

INSTALLATION PROCEDURE

Part I: Double-Wall Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks:

Loading Conditions – Tank shall meet the following design criteria:

A. Internal Load – Tank shall withstand a 5-psig air-pressure test with 5:1 safety factor. Contractor shall individually test tanks for leakage prior to installation. Maximum test pressure is 5 psig (pounds per square in gage).

B. Vacuum Test – To verify structural integrity, the tank shall be vacuum tested by the manufacturer at the factory to 11.5" of mercury.

C. Surface Loads – Tank shall withstand surface H-20 axle loads when installed according to manufacturer's current Installation Manual and Operating Guidelines.

D. External Hydrostatic Pressure – Tank shall be capable of being buried in ground with 7' of overburden over the top of the tank, the hole fully flooded and a safety factor of 5:1 against general buckling.

E. Tank shall support accessory equipment – such as heating coils, drop tubes, submersible pumps, and ladders.

Product Storage:

A. Tank shall be capable of storing petroleum products with specific gravity up to 1.1.

B. Tank shall be vented to atmospheric pressure.

C. Tank shall be capable of storing products identified in the manufacturer’s current standard limited warranty.

Materials:

A. Tank shall be manufactured with 100% resin and glass-fiber reinforcement.

B. No sand fillers.

Tank Dimensions:

A. Tank shall have nominal capacity of 5,000 gallons.

B. Tank shall have nominal outside diameter of 6feet.

Interstitial Space:

A. Tank shall have a space between the primary and secondary walls to allow for the free flow and containment of leaked product from the primary tank.

B. The space shall allow insertion of a monitoring device through a monitoring fitting.

Anchor Straps:

A. Straps shall be FRP anchor straps as supplied by tank manufacturer.

B. Number and location of straps shall be specified in current literature by tank manufacturer.

Manways:

A. All manways shall be flanged and 22" I.D., complete with UL-listed gaskets, bolts and covers.

B. Location is shown on tank drawings.

C. Manway extensions shall be FRP and 24" long.

Fill Tubes:

Fill tubes shall be FRP, 4" in diameter, with a 6" x 4" double-tapped reducer bushing and include a 6" NPT fitting. Tubes shall terminate a minimum of 4" from the bottom of tank.

Gauge Plates:

Gauge plates shall be installed under each service fitting and manway opening.

Heating Coils:

Optional heating coils shall be installed in a separate 22" manway and shall be as supplied by tank manufacturer.

Ladders:

Ladders shall be the standard ladder as supplied by tank manufacturer (aluminum, carbon steel or fiberglass).

NPT Threaded Fittings:

A. All standard threaded fittings shall be half-couplings and shall be 4" or 6" in diameter. Reducers are to be used for smaller sizes where shown and provided by contractor.

B. Strength – NPT fittings shall withstand a minimum of 150 foot-pounds of torque and 1,000 foot-pounds of bending, both with a 2:1 safety factor.

Monitor Fittings:

Each monitor fitting shall consist of a 4" NPT fitting on the tank. Tanks with a hydrostatic monitoring system do not have a monitor fitting.

Tank Level and Leak Detection Monitor System:

Each tank will come equipped with a level and leak detection alarm and monitoring system that will be integrated with Johnson Controls – Metasys or BACNET compatible.

Part II: Testing and Installation Testing: Tank shall be tested according to the installation manual and operating guidelines for double-wall fiberglass UST in effect at time of installation.

Installation:

A. Tank shall be installed according to the installation manual and operating guidelines for double-wall fiberglass UST in effect at time of installation.

B. Contractor shall be trained by the tank manufacturer, the state, or other approved agency.

Part III: Warranty Warranty shall be manufacturer's standard limited warranty in effect at time of purchase.

6. FLAMMABILITY HAZARDS:

The concentration of a flammable vapor in the air that is capable of being ignited is described as being within the “Explosive Range”. When removing a UST, the potential exists from flammable vapors from within the UST or from the excavated soil to reach explosive concentrations. Measuring the vapor concentration and safety precautions are done to avoid the “Explosive Range”.

A. To ensure the safety of all site personnel, the UST shall NOT be removed if a vapor concentration is greater than ten percent (10%) of the LEL inside or outside the tank.

7. DATA REQUIREMENTS AND REPORTING:

All the following data items and reports must be submitted in accordance with government regulations and the Contract data Requirements List (DD form 1423) provided for this requirement, including but not limited to:

A. Quarterly reporting to www.Federal reporting.gov in accordance with FAR 52.204-11.

B. Monthly progress reporting to the Contracting Officer Representative (COR).

C. Copies of the analytical results from all samples taken as part of the UST removal.

D. Copies of the chain-of-custody form which accompanied the samples to the lab as applicable.

E. Copies of any reports generated by the contactor, consultants, subcontractors, or lab personnel regarding location of tank, depth, and location of samples, etc.

F. Certification(s) to the owner that sludge, residue, reinstates, soil, water, UST, and ancillary piping have been disposed of and/or destroyed in compliance with all permitting agency requirements.

G. Documentation verifying that no significant release of hazardous materials has occurred following completion of removal and closure of the UST at the site.

8. TECHNICAL REPRESENTATIVE(S) (TR): Mike Bonds (608) 270-2432 or Darren Berger (608) 270-2407.

GS0339 Green Acquisition. (JUL 2018) The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap

The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense 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

52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures.(JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.(JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) 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. (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (AUG 2018) 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. (SEPT 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 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. (AUG 2018) 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. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) 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) 52.236-21 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. (OCT 2018) 52.245-1 Government Property. (JAN 2017) 52.245-9 Use and Charges (APR 2012) 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) 52.211-10 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 thirty (30) calendar days. The time stated for completion shall include final cleanup of the premises.

52.219-28 Post-Award Small Business Program Representation. (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 represent its size status in accordance with the size standard in effect at the time of this representation 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 Representations 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 representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code: 237110 assigned to Solicitation No. 140G0219Q0075.

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) Definitions. As used in this clause-- “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon Dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance” 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), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) none, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall—

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by—

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after00

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA’s SNAP program (available at http://www.epa.gov/snap ) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap .

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

Measure

(Dollars)*

Item 1:

Item 2:

* 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.

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.

GS0231 - Technical Liaison -Technical Direction (NOV 2014)

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(s) assigned for this contract are:

* To be determined 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* $500,000.00 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.

GS0347 Indoor Air Quality during Construction (MAR 2008)

(a) Items and material existing in the space or to be removed from the space during the demolition phase are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse must be in refurbishable condition, and must meet the quality standards set forth by the Government in this solicitation/contract. In the absence of definitive quality standards, the contractor is to ensure that the quality of the item(s) in question will meet or exceed accepted industry or trade standards for first quality commercial grade applications. Before use, the contractor shall submit a reuse plan to the Contracting Officer. The Government will not pay for existing fixtures and other existing improvements accepted in place.

(b) Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials from the assemblies of which they form a part.

(c) The Offeror shall maintain a recycling program to dispose of or recycle construction waste in compliance with this clause. The program must cover the following requirements.

(1) The contractor will provide continuous facilities for the recycling of incidental construction waste during initial construction.

(2) Products may be excluded from the recycling program when the small quantity of material involved, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship.

(3) Records of construction materials recycled shall be maintained and accessible to the Contracting Officer. Records shall include materials recycled or landfilled, quantity, date, and identification of hazardous wastes.

(d) As a minimum, the contractor will recycle lighting and associated support system, carpet and carpet pad, hardware, drywall, and electrical components during both the demolition and construction phases of the project, subject to economic evaluation and feasibility.

(e) If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, PCBs (such as fluorescent lamp ballasts), or other harmful substances, they are to be handled and removed in accordance with State and Federal laws and requirements concerning hazardous waste.

(f) The requirements of paragraphs (b) through (d) of this clause do not apply when no construction recycling and salvage operation is reasonably available in the locality where work is to be performed.

GS1125 Schedule of Prices (Construction). (JUL 2001) In accordance with the clause FAR 52.232-05, Payments under Fixed-Price Construction Contracts, the contractor shall, within 10 days after receipt of notice of award, submit to the Contracting Officer for approval, a Schedule of Prices. This schedule shall consist of a detailed breakdown of the contract price, segregated under each of the significant construction categories. It shall state the quantities for each of the various types of work, the unit prices, and extended totals. Subcontractors who may be involved in more than one category of work must provide the same breakout data for each category. The submission of the required data shall not otherwise affect the contract terms.

GS1126 Invoicing and Performance Statements (Construction). (JUL 2001)

(a) The contractor's invoice must be marked "ORIGINAL" and submitted with two additional copies to the below designated billing office:

Original: U.S. Department of the Treasury’s Internet Payment Platform System (IPP)

Note: Payroll statement must be submitted with each invoice and the final invoice must include a release of claims.

(b) Invoices for progress payments may be submitted no more frequently than monthly.

(c) Invoices for progress payments must be accompanied by a contract Performance Statement, which shall show in detail the estimated percentage of completion and value of completed performance for each separately priced line item or, if applicable, each of the significant construction categories contained in the approved Schedule of Prices.

(d) See clause 52.232-5 for certification requirements.

GS1329 Interpretation of Contract Requirements. (JUL 2001) No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.

GS1346 Compliance With Occupational Safety and Health Act – Government-Owned Facilities/Equipment. (APR 2003) Performance of work hereunder shall comply with the provisions of the Occupational Health and Safety Act of 1970, as amended (OSHA). If, at any time during the performance of this contract, the Government-furnished facilities and/or equipment do not conform to OSHA standards, the contractor must so notify the Contracting Officer, in writing, including a recommendation of the corrective action needed.

GS1348 Accident Reporting. (APR 2003) If an accident occurs on Government-controlled facilities, a report must be provided to the Contracting Officer's Representative and the Contracting Officer within 48 hours. An accident is defined as an event which causes injury,illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing Government accident investigation.

GS1354 List of Subcontractors (Construction). (JUL 2001) For purposes of monitoring compliance with the insurance and payroll reporting requirements of this contract, the contractor shall furnish a listing of all subcontractors to the Contracting Officer within 10 calendars days after contract award GS1440 Wage Determination Applicable. (JUL 2001) In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor General Decision Number NM190044. The wage determination is incorporated into this contract as Attachment 2.

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

A copy of the Contractor’s internally generated invoice Price breakdown reflecting the labor hours, rates charged and material costs (invoice) Payroll statement shall be submitted with each invoice and must receive prior approval from the COR and CO – contractor can use their own form or refer to Attachment 3 – Certified Payroll Form Final invoice must also include a Release of Claims Form DI-137 – refer to Attachment 4 – Release of Claims

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.