36C25920Q0188-000.docx

36C25920Q0188

FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 W Fort Riley Relocate Back-Up Generator 80111 36C25920Q0188 03-18-2020 N

SDVOSBC

238210 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Charlie Gritzmacher charles.gritzmacher@va.gov Department of Veterans Affairs Member Services 409 Pershing Ct Ft. Riley, KS 66442 United States

Combined Synopsis/Solicitation for Relocate Backup Generator

1. This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number 36C25920Q0188 is issued as a request for quote (RFQ).

3. This acquisition is set-aside for Service Disabled Veteran Owned Small Business (SDVOSB/VOSB). The North American Industry Classification System (NAICS) code is 238210 – Electrical Contractors and Other Wiring Installation Contractors.

4. FAR Clauses 52.212-1, 52.212-2, 52.212-4 and 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions please see http://farsite.hill.af.mil. The Government contemplates an award of an unrestricted Firm Fixed Price (FFP) contract resulting from this solicitation.

5. Description of services: In accordance with the Statement of Work (SOW) and price schedule, the Contractor shall price relocating a 400KW backup generator from bldg. 610 to bldg. 409 for VHA Member Services located in Ft. Riley, KS.

6. Place of Performance:

Department of Veterans Affairs Veteran’s Health Administration Member Services 409 Pershing Ct Ft. Riley, KS 66442

7. Period of Performance (POP): The POP shall be from the date of award for a 1 (one) 12 (twelve) month period.

8. See Addendum to 52.212-1 Instructions to Offerors on the attached RFQ document for information on what to submit with your offer.

9. Offers are due March 18, 2020 @ 2 PM MST. A site visit shall be held on February 26, 2020 from 1000 to 1200 CST. Please contact Ricky Postlewait / ricky.postlewait@va.gov for further details on site visit. All questions/inquiries must be submitted to the contract officer via electronic mail (e-mail) not later than February 28, 2020 @ 2 PM MST. Inquiries submitted via telephone calls will be re-directed to an e-mail submission.

10. Submit offers or any questions to the attention of Charlie Gritzmacher via email to: charles.gritzmacher@va.gov.

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF

SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b.

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTA

CHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES W

HICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

702-20-3-2381-0035 36C25920Q0188 02-13-2020 Charlie Gritzmacher

(303) 712-5780 03-18-2020

2 PM MST

36C259 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 x x Y 238210 $15 Million x Department of Veterans Affairs VHA Member Services 409 Pershing Ct Ft. Riley KS 66442 36C259 Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Electronic Payment Requests Submit Invoice at:

http://www.fsc.va.gov/einvoice.asp

Fort Riley Relocate Backup Generator *Period of Performance: 05-01-2020 to 04-30-2021 **A site visit shall be held on 02-26-2020 from 1000 to 1200 CST. Please contact Ricky Postlewait @ ricky.postlewait@va.gov for further information.

LOA#: 702-3600162-2381-854200-2580 SPG0A00A7

2237#:

702-20-3-2381-0035 x x Erica A Blake

VA-VHA-SAOW-2019-B0D0EABF

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259 Erica A. Blake / erica.blake@va.gov

Department of Veterans Affairs Network Contracting Office 19 Rocky Mountain Acquisition Center 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Electronic Payment Requests

Submit Invoice at:

http://www.fsc.va.gov/einvoice.asp

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C25920Q0188

Table of Contents

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Relocate emergency backup generator in accordance with the Statement of Work (SOW)

POP: 05/01/2020 to 04/30/2021

Funding/Req. Number: 1

702-20-3-2381-0035

GRAND TOTAL

Page 1 of

Page 1 of

B.3 STATEMENT OF WORK

RELOCATE BACKUP POWER GENERATOR

1. GENERAL: The Veteran’s Health Administration – Member Services (VHA-MS) Fort Riley is seeking to obtain a qualified contractor who can demonstrate the required capability to relocate an existing natural gas, 400KW, backup power generator system from bldg. 610 and install at bldg. 409, at our Fort Riley location. The Government will not exercise any supervision or control over the contractor employees and be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Objectives: The objective of this acquisition is to ensure an uninterrupted power supply to support the VA Call Center in meeting the needs of our Nation’s veterans.

1.3 Scope: Contractor will furnish all labor, supervision, materials, supplies, tools, equipment, and expertise necessary to disconnect and relocate emergency generator, transfer switch and remote annunciator panel from bldg. 610 to bldg. 409.

This Scope of Work is intended as a guide for the Contractor to understand the overall requirements of the project and is not intended to identify each specific component related to code and construction items.

1.3.1 SPECIFIC TASKS:

1.3.1.1 Backup power generation system:

· Disconnect and terminate natural gas and electric utilities from generator and transfer switch.

· Disconnect generator and transfer switch from existing concrete pad.

· Relocate and install existing 400KW natural gas generator, transfer switch and remote annunciator panel to provide backup power to 100% of building electrical loads.

· Install remote annunciator panel in room 106 in bldg. 409.

· Install all supporting natural gas and electrical connections from interior building point of connection to generator.

· Remove existing chain link fence enclosure with gate from bldg. 610. Relocate to bldg. 409 generator pad and install around backup power generator. Additional fencing/hardware may be required at new site. Field verify dimensions of fencing required.

· Startup and load bank test generator after installation.

NOTE: A site visit is planned to allow interested vendors the opportunity to tour the site and see the existing configurations to improve their technical proposal preparation to meet our requirement. Attendance at the site visit is strongly encouraged.

1.3.1.2 SPECIFICATIONS:

1.3.1.2.1 Evaluate the existing electrical distribution system and normal power interface. Provide a Single- Line Diagram for the building to show service details and generator and switchgear tie-in details.

1.3.1.2.2 Relocate existing generator annunciator panel. Install existing Remote Annunciator Panel in room 106 in bldg. 409.

1.3.1.2.3 Provide all power and control wiring for the generator including underground routing to new outdoor generator location.

1.3.1.2.4 Determine the size of the gas service required and provide connection to the gas piping at the bldg. 409 generator site location. The Contractor will coordinate with the COR regarding any changes to gas service.

1.3.1.2.5 Attention shall be given to the protection of existing structure and finishes to prevent any damage of existing finishes. Any accidental damage incurred to existing finishes will be responsibility of the Contractor to repair or correct.

1.3.1.2.6 All work hours will be coordinated with the COR to minimize interference with normal facility operations. Most outside work that does not require utility outages will be performed during normal business hours of 6:30 am to 4:30 pm Central Standard Time (CST) Monday through Friday. However, areas may require work to be completed OUTSIDE normal business hours (4:30 pm to 6:30 am, CST) or on Saturday and will be coordinated through the project’s COR.

1.3.1.2.7 Utility shutdowns/Outages: All shutdowns involving temporary impairment of utilities will be requested by the Contractor, in writing, at least 10 calendar days in advance.

1.4 Period of Performance: The contractor will begin performance within 15 calendar days after award and complete all work within 90 calendar days after award.

Note: Acceptance by the government is in conjunction with the Final Inspection and all punch list items must be completed during the established period of performance.

1.5. General Information:

1.5.1 Federal Observed Holidays and Military Training Holidays: The Contractor Do not schedule work on Federal holidays or days observed in lieu thereof. The Federal holidays listed below are observed. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. When the holiday falls on a Saturday, the preceding Friday will be observed as the holiday. When a service is required less than three times per week and the time for that service falls on a holiday the work shall be accomplished on the day following or preceding the holiday.

1.5.2 Hours of Operation:

1.5.2.1 Installation Closures: The Contractor is responsible for conducting business, between the hours of 6:30AM to 4:30PM Central Standard Time (or as stated), Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall maintain an adequate workforce for the uninterrupted performance when the Government facility is not closed for the above reasons.

1.6 Quality Control: The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure the work is performed in accordance with this SOW and associated documents.

1.6.1 Coordination Meeting: The Contractor shall meet with the CO or COR prior to the start of work. During the meeting, a mutual understanding of the project details shall be discussed. There may also be occasions when subsequent conferences will be called to reconfirm mutual understandings.

1.7 Organization: The following is the Government's quality assurance organization and their responsibilities:

1.7.1 Contracting Officer's Representative (COR): The Contracting Officer’s Representative (COR) is an authorized representative of the CO within the scope of his or her authority and acts as the Government's Quality Assurance Evaluator (QAE). A letter of designation will be issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates, after contract award. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor employees. The COR does NOT have authority to change the terms and conditions of the contract.

1.8 Notification of Noncompliance: The CO will notify the Contractor of any noncompliance with the contract documents or performance with a Contract Deficiency Report (CDR). The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor.

1.9 Type of Contract: The Government will award a Firm Fixed-Price, construction contract for this project.

1.10 Preconstruction Conference and Periodic Progress Meetings: The Contractor agrees to attend any post award conference and periodic progress meetings convened by the CO and COR in accordance with FAR Subpart 42.5. The CO and COR will meet periodically with the Contractor to review the Contractor's performance. Contractor shall provide a 24-hour notice to the CO prior to rescheduling any meetings. At these meetings the CO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.11 Key Personnel: The Contractor shall provide a 30-hour OSHA certified Project Manager (PM) who shall be responsible for the performance of the work. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or alternate shall be available between 7:30 a.m. to 4:30 p.m., Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.11.1 Identification of Contractor Employees: All Contractor employees shall wear personal identification cards, or badges, while working on the Installation, to avoid creating an impression that they are Government officials.

1.11.2 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that all Contractor employees conduct themselves in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. The Contractor shall ensure no Contractor employees conduct political related activities or events on the Installation.

Ensure that Contractor employees dressed appropriately for the functions they perform, including shirts, pants, shoes, socks, and personal safety clothing and equipment. Contractor uniforms are not required. It is suggested the Contractor design and encourage its employees to wear work shirts, jackets, or coats with the Contractor’s corporate logo displayed on the garments.

1.11.3 The Government reserves the right to require removal of a Contractor employee from the job site who endangers persons or property or whose continued employment is inconsistent with project completion. The Government reserves the right to refuse to permit any Contractor employee to perform work under this contract who is not in compliance with this contract. Failure of an employee to gain access to, or removal of an employee from, the Installation due to the above will not relieve the Contractor of any work required by this contract.

1.12 Access and General Protection/Security Policy and Procedures: All Contractor employees shall comply with applicable Installation, facility and area commander Installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall provide all information required for employee background checks to meet Installation access requirements to be accomplished by Installation Police Department, Director of Emergency Services, or Security Office. Contractor employees must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or Installation change, the Government may require changes in Contractor security matters or processes.

1.12.1 Contractor and Vendor Access: Fort Riley is a guarded secure military Installation. All Contractor and vendor personnel whether operating their privately-owned vehicles or motorcycles or Contractor or vendor-furnished vehicles and equipment must enter the Installation through one of the secure access control points (ACPs). Under the present Installation Force Protection Condition (FPCON), vehicle and equipment operators and passengers must possess only a valid photo identification card to access the Installation. Vehicle and equipment operators must also possess and be ready to show a valid state driver's license, current vehicle registration, and proof of state required minimum liability insurance. As determined by the Installation FPCON, an elevated FPCON may require additional security screening and/or limited Installation access. For more information regarding Fort Riley installation access, please visit: http://www.riley.army.mil/Units/Garrison-Command/Emergency-Services/Access-Information/.

1.12.2 RAPIDGate Program: Contractor and vendor personnel participating in RAPIDGate may enter through any of the Installation’s ACPs during their regular operating hours except as described in paragraph 1.12.3 below. RAPIDGate is a voluntary access protocol used by the Installation to help expedite access to the Installation without having to undergo additional security screening. There is a fee to participate in RAPIDGate and the Government will not reimburse Contractor or vendor personnel for the associated cost. To learn more about or to enroll in the RAPIDGate program, call 877-RAPIDGate (877-727-4342) or visit http://www.eidpassport.com.

1.12.3 Commercial Delivery Vehicles and Equipment: All commercial delivery vehicles and equipment must enter the Installation through the 12st Street ACP or the Estes Road ACP 5:00 a.m. to 7:00 p.m., Monday thru Friday, Federal holidays exempted. When entering either from the 12th Street or Estes Road gates, commercial traffic will be directed to the search areas located to the north of 12th Street and the south of Estes Road. Commercial vehicles are those vehicles over one ton used for a commercial purpose, including: semi-trucks with trailers, U-Haul trucks operated by Contractors and used for commercial purpose, and construction vehicles. There will be no commercial delivery vehicles allowed on the Installation on Sundays and Federal holidays. All other Contractor, vendor, and commercial delivery vehicles may enter through any of the Installation's ACPs during their regular operating hours. As determined by the Installation FPCON, an elevated FPCON may require all Contractor, vendor, and commercial delivery vehicles to enter through the 12th Street ACP only.

1.12.4 Vehicle Identification: Contractor vehicles and equipment shall bear the Contractor or Sub-Contractor's name or logo while the vehicles and equipment are working on the Installation. Names or Logos shall be displayed on a viewable dashboard sign as a minimum.

1.13 Emergency Medical Treatment: Emergency medical treatment and services for Contractor employees is the responsibility of the Contractor.

1.13.1 The Contractor shall have competent employees trained and capable of dealing with minor employee injuries. Contractor employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall, in turn, notify the COR within 30 minutes of the incident.

1.13.2 Emergency medical treatment is available at Irwin Army Community Hospital, 650 Huebner Rd., in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends. Charges for medical care will be at the prevailing rate and at the Contractor's expense.

1.14 Safety: The Contractor shall perform all work in a safe manner and in accordance with all prescribed state and federal agencies. Citations for non-compliance with OSHA, EPA, KDHE, or other agencies standards shall be documented in the quality reports and are a matter of resolution between the Contractor, COR, and the issuing office of the regulatory authority. Correct deficiencies in the time frame outlined by the regulatory authority and as directed by the COR, and document in the quality reports. When citations are issued by federal or state authorities due to the Contractor’s breach of any terms of this contract or any negligent or willful omission on the Contractor or its employees in the performance of this contract, the resulting fine(s) shall be paid by the Contractor.

1.14.2 Personal Protective Equipment (PPE): Contractor shall be responsible to provide, maintain and wearing of all PPE and other lifesaving equipment (e.g., protective footwear, protective gloves, hard hats, and safety glasses, hearing protection, body harnesses and lanyards). The Contractor shall ensure that employees are physically able and medically determined qualified to use the personal protective and safety equipment required in the job duties.

1.14.3 Accident Reporting: The Contractor shall notify the COR immediately with information regarding with who, how, where, when, seriousness and medical treatment received of the injured personnel whenever accidents occur. The Government will advise the Contractor if additional information or forms are required.

1.14.4 Contract Safety Brief: Prior to the start of contract work, the Contractor shall meet with the COR, Installation Safety Manager, and Mission Safety Office to discuss and develop a mutual understanding about the administration of the overall safety program.

The safety brief shall be attended by the CO or COR and all Contractor (and subcontractor personnel (if applicable) and should, to the extent possible, include (1) Contractor Project Superintendents. (2) Supervisors. (3) Quality Control. (4) Safety. Representative. (7) Outside organizations that may interact with or be affected by the Contractor’s work such as fire/emergency personnel, security, adjacent facility/process managers, and so forth.

1.15 Hot Work Permits: Hot Work Permits are required when the Contractor's work tasks are capable of providing a source of ignition for flammable materials. Examples these work tasks include soldering, brazing, welding, acetylene torch cutting, burning, heating asphalt, etc. Contractor Hot Work operations shall conform to Paragraph 12-4, FR Reg 420-4. Obtain Hot Work Permits from the Fort Riley Fire Department Inspectors, building 1020, 785-240-2038 prior to beginning any such Hot Work operations.

1.16 Spills: Immediately notify the COR or if not available, the DES Fire Prevention and Protection Division, the spillage or release of any fuel, hazardous material or waste occurring during the performance of work under this contract. This includes pesticides released not in accordance with EPA approved label directions. Clean up any spillage or release at the Contractor’s expense. Clean up and reporting shall be in accordance with EPA, OSHA and KDHE laws and regulations, and Installation regulations and plans.

2. GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

2.1 Services:

2.1.1 Fire Prevention and Protection: The Government will provide fire prevention and protection and emergency medical transport by dialing 911.

2.1.2 Grounds Maintenance: The Contractor shall clean project work areas daily.

2.1.3 Utilities: The Government will furnish, without charge to the Contractor, natural gas, electricity, water, and sewage to support Contractor operations while performing the services specified herein. The Contractor is responsible for operating under conditions that preclude the waste of utilities and shall instruct employees in utilities conservation practices.

2.2 Government Furnished Information: All available record drawings will be provided upon request to the Contractor. They should not however, be considered “as-built”. These drawing files are provided without warranty or obligation as to the accuracy or information contained in the files. All information in the files shall be independently verified by the user. Any user shall agree to indemnify and hold the VA harmless from any and all claims, damages, losses, and expenses, including, but not limited to, attorney fees arising out of the use of the Computer Aided Design and Drafting (CADD) drawing files.

3. CONTRACTOR-FURNISHED ITEMS AND RESPONSIBILITIES

3.1 General: Furnish all materials, tools, equipment, communications devices, transportation, fuel, personnel, and supplies; estimates, plans, schedules, records, and reports; licenses, bonds, insurances, registrations, certifications, and permits; and signs required to perform the required work.

3.2 Facility Access: The Contractor shall comply with all installation access requirements for access to the project site.

3.3 Refuse Disposal: The Contractor shall be responsible to maintain the job site in a high state of cleanliness at all times. Contractor generated trash and construction debris will be disposed of offsite at Contractor expense and not in Government dumpsters.

3.4 Latrine Services: If needed, Contractor is responsible to provide a portable latrine onsite for contractor employee use. Portable latrine will be at Contractor expense.

3.5 Signs:

3.5.1 Caution Signs: Work site caution signs required for performance of work specified in the contract shall be furnished and installed by the Contractor.

3.6 Removal of Contractor-Furnished Items: Within 24 hours following the expiration or termination of this contract, remove from Fort Riley premises all Contractor owned vehicles, equipment, tools, supplies, material or other items. If after five work days the Contractor does not remove said items from Fort Riley in accordance with Government regulations, the items will be delivered to the Defense Reutilization Marketing Office (DRMO) for disposal subject to a removal charge which will be deducted from the final invoice amount of this contract.

3.7 Estimates, Plans, Schedules, Records, and Reports: Provide, maintain, and submit all contract estimates, plans, schedules, records, and reports including data accumulation, record keeping, and reporting of any deficiencies which are encountered during the normal performance of duties under this contract, whether outside the scope of this contract or not. All contract records shall be provided to the COR at all times at their request, and copies turned over to the COR at the termination of the contract. The listing in this paragraph shall not be construed as comprehensive, nor to exclude any requirements identified elsewhere in the contract.

3.8 Bonds and Permits: Obtain and provide copies all performance and payment bonds at or before the post award conference. Performance and payment bonds must be in an amount equal to or greater than the original contract price (FAR 28.102-2). Contractor shall be responsible to coordinate their construction efforts with the Fort Riley Department of Works and obtain all required permits, licenses, certifications, and permits required in order to comply with all applicable federal, state, and local laws prior to receiving a Notice to Proceed.

3.9 Insurances: Obtain and provide evidence of all required insurances at or before the post award conference. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective for such period as the laws of the State in which this contract is to be performed prescribe or until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (FAR 52.228-5)

3.10 General Warranty: In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of his subcontractors or suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the work, but with respect to any part of the work which the Government takes possession of prior to final acceptance, such warranty shall continue for a period of one year from the date the Government takes possession. Under this warranty, the Contractor shall remedy at his own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at his own expense any damage to Government-owned or controlled real or personal property, when that damage is the result of the Contractor’s failure to conform to contract requirements or any such defect of equipment, material, workmanship, or design. The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor’s warranty with respect to work repaired or replaced hereunder will run for one year from the date of such repair or replacement.

3.10.1 Notice of Failure: The Government will notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage.

3.10.2 Contractor’s Liability: Should the Contractor fail to remedy any failure, defect, or damage described in paragraph GENERAL above, within a reasonable time after receipt of notice thereof, the Government will have the right to replace, repair, or otherwise remedy such failure, defect or damage at the Contractor’s expense.

3.10.3 Other Warranties: In addition to the other rights and remedies provided by this clause, all subcontractors’, manufacturers’, and suppliers’ warranties expressed or implied, respecting any work and materials shall, at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under paragraph GENERAL above has expired, any suit directed by the Government to enforce a subcontractors’, manufacturers’, or suppliers’ warranty will be at the expense of the Government. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in nor- mal commercial practice.

3.10.4: Endorsement of Other Warranties: If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed in writing to the Government.

3.10.5 Contractor’s Liability Exclusions: Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government-furnished material or design.

3.10.6 Government’s Additional Rights: The warranty specified herein shall not limit the Government’s rights under CONTRACT clause entitled "Inspection of Contract" of this contract with respect to latent defects, gross mistake, or fraud.

3.10.7 Brand Name Warranties: Defects in design or manufacture of equipment specified by the Government on a "brand name and model" basis, shall not be included in this warranty. The Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties in writing directly to the Government.

3.10.8 Warranty Service Calls: The Contractor shall furnish to the Contracting Officer the names of local service representatives and/or Contractors that are available for warranty service calls and who will respond to a call within 4 hours for critical electrical service systems. The names, addresses, and telephone numbers for day, night, weekend, and holiday service responses shall be furnished to the Contracting Officer and also posted at a conspicuous location in each mechanical and electrical room or close to the unit.

3.10.9 Upon project completion, the Contractor shall provide a commissioning demonstration and training for the installed systems and equipment.

SECTION C - CONTRACT CLAUSES

C.1 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause) C.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision) C.3 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

(a) Definitions. As used in this clause— "Agency" means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

"Covered Federal action" means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in…