EEW_infrastructure_T&Cs_v2.docx

Earthquake Early Warning (EEW) System Site Infrastructure Construction Terms and Conditions Definitions “Contract clause” or “clause” means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

“Solicitation provision” or “provision” means a term or condition used only in solicitations and applying only before contract award. Throughout this document, provisions are marked with an asterisk (*).

*52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far/.

The following provisions are incorporated by reference, with fill-ins noted as appropriate:

*52.204-7 – System for Award Management (Oct 2016) *52.204-8 – Annual Representations and Certifications (Jan 2018) *52.204-16 – Commercial and Government Entity Code Reporting (Jul 2016) *52.215-1 – Instructions to Offerors – Competitive Acquisition (Jan 2017) *52.216-1 – Type of Contract (Apr 1984)

With regard to the fill-in for the provision at 52.216-1, insert “firm-fixed price.”

*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) With regard to the fill-in for provision 52.222-23, participation goals for minorities and females can be found here: https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf. The minority goal is established at 18.6%, which is an average of the goals throughout California. The female goal is 6.9%.

*52.225-10 – Notice of Buy American Act Requirements – Construction Materials (May 2014) *52.233-2 – Service of Protest (Sep 2006) With regarding to the fill-in at paragraph (a), agency-level protests and copies of GAO protests may be served on the Contracting Officer by email to jcaravelli@usgs.gov. Receipt confirmation will be provided.

*52.236-27 – Site Visit (Construction), Alt. I (Feb 1995) An organized site visit has been scheduled for Tuesday, 08/21 at 1000 PDT at an existing site near the USGS’ Menlo Park office so that offerors can see what a finished site should look like.

Site location: 37.33378 -122.09232 Parking lot to meet: 37.332855, -122.087189 . Rancho San Antonio Open Space Preserve. 22500 Cristo Rey Dr, Cupertino, CA 95014 Be prepared to walk 1/3 to 2/3 of a mile each way, depending on parking.

RSVP by email to Patrick Bastien at pbastien@usgs.gov.

(End of Provision) 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 https://www.acquisition.gov/far/.

The following clauses are incorporated by reference, with fill-ins noted where appropriate.

52.203-3 – Gratuities (Apr 1984) 52.203-5 – Covenant Against Contingent Fees (May 2014) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 – Anti-Kickback Procedures (May 2014) 52.203-8 – Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 – Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-14 – Display of Hotline Posters (October 2015)

With regard to the fill-in at 52.203-14(b)(3), the Department of Interior Office of Inspector General’s “hotline” poster can be accessed here: https://www.doioig.gov/sites/doioig.gov/files/OIGFraudHotlinePoster_01242014jpg.jpg

52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-13 – System for Award Management Maintenance (Oct 2016) 52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.211-10 – Commencement, Prosecution, and Completion of Work (Apr 1984) With regard to fill-ins for the clause at 52.211-10, the contractor shall commence work within ten (10) calendar days of receiving the notice to proceed and shall complete all work within 180 calendar days of receiving the notice to proceed, inclusive of all punch-list items and cleanup.

52.215-2 – Audit and Records – Negotiation (Oct 2010) 52.219-6 – Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 – Utilization of Small Business Concerns (Nov 2016) 52.219-14 – Limitations on Subcontracting (Jan 2017) 52.219-28 – Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 -- Convict Labor (June 2003) 52.222-4 – Contract Work Hours and Safety Standards – Overtime Compensation (May 2014) 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 (Sep 2016) 52.222-27 -- Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 – Equal Opportunity for Veterans (Oct 2015) 52.222-36 -- Affirmative Action for Workers With Disabilities (Jul 2014) 52.222-37 – Employment Reports on Veterans (Feb 2016) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 -- Combating Trafficking in Persons (Mar 2015) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013) 52.223-3 Alt I. – Hazardous Material Identification and Material Safety Data, Alt. I (Jul 1995) 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 – Drug-Free Workplace (May 2001) 52.223-12 – Refrigeration Equipment and Air Conditioners (June 2016) 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) 52.225-9 -- Buy American Act–Construction Materials (May 2014) With regard to fill-ins for clause 52.225-9, there are no excepted materials.

52.225-13 -- Restrictions on Certain Foreign Purchases (June 2008) 52.227-4 – Patent Indemnity – Construction Contracts (Dec 2007) 52.228-2 – Additional Bond Security (Oct 1997) 52.228-5 – Insurance – Work on a Government Installation (Jan 1997) Commercial general liability insurance shall be maintained in an amount of at least $1,000,000.00.

52.228-12 – Prospective Subcontractor Requests for Bonds (May 2014) 52.228-15 – Performance and Payment Bonds – Construction (Oct 2010) 52.229-3 – Federal, State, and Local Taxes (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-23 -- Assignment of Claims (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management (Jul 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) 52.236-15 – Schedules for Construction Contracts (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 (Jan 2017) 52.246-12 -- Inspection of Construction (Aug 1996) 52.246-21 -- Warranty of Construction (Mar 1994) 52.249-2 – Termination for Convenience of the Government (Fixed –Price) (Alt 1) (Sep 1996) 52.249-10 -- Default (Fixed-Price Construction) (Apr 1984) 52.253-1 -- Computer Generated Forms (Jan 1991) (End of Clause) Contract Clauses Included by Full Text

USGS 1 -- Green Acquisition 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 Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html Recycled Products are described at http://epa.gov/cpg Water efficient products are described at http://epa.gov/watersense/ (End of Clause)

USGS 2 -- Authorities and Delegations

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer hereby appoints as Contracting Officer’s Representative (COR):

Lind Gee Supervisory Research Geophysicist 650-329-5656 lgee@usgs.gov

The COR is responsible for technical monitoring of the contractor’s performance and deliveries. Changes to this appointment must be made in writing by the Contracting Officer.

(c) The COR 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.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer and his authorized representative(s), such as the COR, acting within the scope and authority of their appointments. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, if the COR or any other USGS employee has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the individual’s authority, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within the scope of his authority, shall be at the Contractor's risk.

(End of Clause)

USGS 3 -- Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing 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:

See FAR 52.222-8 and 52.232-5.

· Payrolls corresponding to the period being invoiced. Additionally:

· For progress payments, see 52.232-5(b) and (c)

· For final payment, a release of claims in accordance with 52.232-5(h)(3)

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 SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause) USGS 4 -- Incorporation of Wage Determination

The appropriate wage determinations (by County where work is taking place) are hereby incorporated into and made a part of this contract through the revision current on the effective date of the contract. If this contract is modified, the wage determinations shall update to their most current revisions at sites where work remains. See: http://www.wdol.gov/dba.aspx.

(End of Clause)

USGS 5 -- Unilateral Deobligation

The contractor shall submit all invoices under this award no later than ninety (90) calendar days after the period of performance has expired, unless a request for extension has been submitted to, and granted by, the Contracting Officer. After 120 calendar days have passed after the expiration of the period of performance, the Contracting Officer reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

(End of Clause)

*USGS 6 -- Proposal Submission Instructions

All proposals shall be submitted by email to the Contracting Officer at jcaravelli@usgs.gov by the closing date and time indicated on the cover page of the solicitation. Late submissions will not be accepted. Hard copies, facsimile transmissions, or documentation submitted through FedConnect will not be accepted.

Offerors must submit documentation demonstrating their qualifications to perform this work. We are interested in technical capability, capacity to perform in the required time, recent and relevant experience, and recent and relevant past performance. Offerors must also submit a work plan detailing how they plan to complete this project within the required time. There is no prescribed format for submissions, but they must not exceed twenty (20) single-sided pages of normal-sized print.

Regarding price, offerors shall submit a firm-fixed price to complete fifty-eight (58) sites. In calculating the firm-fixed price, offerors shall assume that nine (9) of the sites will require the “additional 1.5” conduit,” up to 20’, and that five (5) of the sites will require some fencing work. Actual quantities may vary. Important note: Please reference the “Project Summary” section of the Statement of Work, and recall that this contract is to complete up to 58 sites, and is not a guarantee that all 58 will be completed. In the event that less than 58 sites are built, the remaining quantity of sites will be deleted from this effort and the contract price reduced by 1/58 for each site not built.

(End of Provision)

*USGS 8 -- Evaluation Criteria

Offerors must be appropriately licensed in the State of California at the time offers are due to be considered for this project; this is a definitive responsibility criterion. License status is subject to verification. “Appropriately licensed” means that the prime contractor who submits and signs the proposal must be currently licensed as a class A or B contractor. The prime may not be a specialty trade class C contractor, nor be unlicensed and merely partner with a class A or B contractor. All subcontracted trades used during the performance of this project must be appropriately licensed. “Subject to verification” means via the “Check a License” tool at: https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/checklicense.aspx

The USGS will select for award the offeror whose offer conforming to this solicitation will be most advantageous to the USGS, price and other factors considered. The following factors will be used to evaluate offers:

· Capability, including technical capability and capacity to perform in the required time

· Corporate experience and experience of key personnel and/or subcontractors

· Past performance

· Price

In evaluating capability, we will review your work plan and consider such things as availability of equipment and personnel, availability to work immediately and ability to meet the overall project timeline, contingency planning, etc.

Experience is the degree to and frequency with which you have performed similar work before. Recent and relevant experience is preferred. In evaluating experience, we will evaluate both corporate experience and experience of key personnel and/or subcontractors to be assigned to this project. If subcontractors are identified, we will also evaluate their experience.

Past performance is the measure of how well you have performed similar work before. Recent and relevant past performance is preferred. If subcontractors are identified, we will also evaluate their past performance. Submit at least three references with contact information. Additionally, we will utilize the Past Performance Information Retrieval System (PPIRS) to the extent data are available and reserve the right to use any other source of past performance information.

Any individuals or subcontractors identified by name in your offer as “key personnel” and used as part of the capability, experience, or past performance evaluation must be assigned to work on the project if awarded; proposals must specifically affirm this requirement and clearly indicate any “key personnel.” Subsequent changes must be approved by the Contracting Officer.

It is the prospective contractor’s responsibility to submit sufficient information to allow a meaningful evaluation in each of these areas. Failure to do so will negatively impact our evaluation of your quotation. We will rate each of these factors on a scale of “outstanding, good, satisfactory, marginal, unacceptable,” and then combine that into an overall non-price rating on the same scale.

We will select for award the offeror whose offer conforming to this solicitation will be most advantageous to the USGS, considering the overall non-price rating and the price as approximately equal in importance to each other.

(End of Provision)

(END OF DOCUMENT)

EEW infrastructure terms and conditions - Page 9 of 9