7-RFP 26-109 Scope of Work-Submittal Info.pdf

March 2025

CITY OF ALPHARETTA REQUEST FOR PROPOSALS (RFP)

RFP Number: 26-109 RFP Title: North Park Lighting Project

RFP SCOPE OF WORK & PROPOSAL SUBMISSION

1. RFP Period of No Communication The “No Communication” period starts on the issue date, December 11, 2025, of this Request for Proposals (RFP) and lasts until the City Council meeting for contract award recommendation (or until contract award if this isn’t required to go before council for approval).

No person or company, their employees, representatives, agents, attorneys, etc. will contact the City’s elected officials or any City staff concerning this RFP.

Contacting anyone other than the Procurement Agent named below for this RFP during this time will be reason to remove a proposal from consideration and review.

2. Procurement Agent, Single Point of Contact Debora Westbrook is the designated Procurement Agent and the sole point of contact for this RFP on behalf of the City. Proposers must direct all questions and comments exclusively through the Opportunity Q&A tab prior to the posted Question Due Date on the Bonfire project webpage.

Link to Bonfire: https://cityofalpharetta.bonfirehub.com/ All official communication will be provided through the Bonfire project webpage and Consultants are responsible for monitoring the Bonfire webpage for any status updates, addenda, or the final bid award notice. Direct communication with any other City staff regarding this RFP is not permitted and may result in disqualification.

Debora can be reached at 678-297-6052 or purchasing@alpharetta.ga.us.

City of Alpharetta 2 Park Plaza Alpharetta, GA 30009 Attn: Debora Westbrook, Procurement Agent

3. Please Note: To all current and previous City of Alpharetta vendors, contractors, and consultants.

Regardless of any previous relationship with our City, you must build out your proposal as requested in this RFP.

Do not neglect to provide requested information or details requested simply because you expect that we already know your work.

Your response to this procurement will be reviewed and evaluated solely on the information provided in your response.

https://cityofalpharetta.bonfirehub.com/ mailto:purchasing@alpharetta.ga.us

City of Alpharetta RFP 26-109, North Park Lighting Project Scope of Work and Proposal Submission

4. RFP Schedule of Events

A. Proposal Close Date, Deadline for Submissions: January 15, 2025, 10:00 AM ET.

We may change this date during the RFP process. We will post any change in an addendum. Review web page for addenda.

B. Link to Bonfire Project Web Page: https://cityofalpharetta.bonfirehub.com/ .

This project web page has the important dates and all project documents for this RFP.

C. No pre-proposal meetings or site visits will be held by the City. North Park is open to the public. The address is:

13450 Cogburn Rd Alpharetta, GA 30004

Appendix A, North Park Field Maps, at the end of this document, show the locations of the fields and existing wooden poles to be replaced.

D. Enter all questions, comments, requests for information before the Questions Due Date using Message – Opportunity Q&A at the Bonfire project web page.

E. In each question, clearly note the RFP document and section that is in question. We will share any changes or added information from the City by a written addendum publicly posted online with the project procurement documents. Anything assumed as a change that was only communicated in email or verbally does not qualify as a change to the project or procurement information.

F. It is your responsibility to check the project web page for any addenda, other information, status updates, or other messages before finally uploading a proposal. You must respond using any updated information.

G. No public openings are held for an RFP. Review the Bonfire project site after proposal submission deadline for the Record of Receipt to be posted with other project files. It will post after the City’s administrative review has been completed.

5. Our Review of Proposals and Review Criteria:

A. The City will make investigations as we feel necessary to make sure of the Proposer’s ability to provide the supplies or perform the work or services detailed in this RFP.

B. We will first review all proposals to be sure that each proposal includes the basic requirements and information.

C. Some scoring may simply be Pass/Fail. Any proposal that Fails any part or section that is required will be removed from further review and scoring.

D. The Review Team will only receive correct proposals for further evaluation and scoring.

E. Proposals will be scored based on the evaluation criteria noted herein. We may consider accepted industry standards. We may compare all proposals to each other for price, quality, quantity, contract terms, etc. We will use this review and scoring to decide the top-scoring proposal[s] and the best value for our City.

F. The Review Team may decide to create a shortlist of the top-scoring proposals. If so, the shortlisted firms may be invited for a presentation or interview with us, may be asked to set-up a site visit, or may be asked to supply more information for review. We may ask for discussion, negotiation, or a “best and final offer” to finally decide the highest-scoring proposal.

Evaluation Criteria Maximum Points

Technical Approach 30

Experience, Past Performance, References 20

Schedule/Timeline 10

Project Management, Risk Mitigation, and Grant Management 10

Cost Proposal 30

Total Maximum point score 100

WHAT WE WANT TO DO

1. General Description The City of Alpharetta (City) is requesting proposals from Proposers qualified to provide lighting upgrades to certain fields/courts within our City’s North Park, located at 13450 Cogburn Road, Alpharetta GA.

Our intent for North Park Softball Fields 1 – 4, North Park Turf Field 1, North Park Miracle League Adaptive Field, and North Park Tennis/Pickleball Courts is to replace existing wooden light poles (North Park Softball Fields 1-4) with concrete poles and to upgrade existing lighting fixtures to LED (all fields).

This project is funded (in part) with Land & Water Conservation Fund (LWCF) grant funds;

requiring the awarded Proposer to adhere to all qualifying requirements through the project duration (see Section 2 and Appendix B for more information).

Proposers must comply with all requirements for bonding, insurance, licensing, etc.

The project scope will address the following: removal and deposal of existing wooden poles, installing new concrete poles, and updating the current lighting fixtures to LED fixtures providing no less than a Class IV lighting level for our customers. Required design and permitting should also be included.

2. Grant Related Requirements By submitting a response to this RFP, the Proposer acknowledges that the scope of work requested herein will be funded by federal grant assistance from the U.S. Department of the Interior – National Park Service through the Georgia Department of Natural Resources Land and Water Conservation Fund Grant (the “Grant”). The Proposer agrees to comply with and perform the work in accordance with all applicable federal, state, and local laws, regulations, rules, executive orders, policies, guidelines, procedures, directives, and requirements, including, without limitation, 2 C.F.R. § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the requirements, terms, and conditions set forth in the RFP 26-109 Contract Draft posted as a separate document ( Information and Contract T&C.pdf) for your review. Additionally, Appendix B included herein details applicable Grant requirements.

3. Contract Draft Review In Information and Contract T&C.pdf document, Appendix D, posted separately, includes the Contract draft that we intend to present to Council with any contract award recommendation. All Proposers must review the draft and agree to the terms with RFP response, or must include in their submitted proposal a separate section with any contract exceptions.

4. Scope of Work A. Technical Approach

Provide a plan for:

i. Removal of existing wooden poles and light fixtures.

ii. Installation of new concrete poles with LED fixtures at the current field configuration and pole height (detailed herein) that provide the requested Class IV illumination for each field/court per Georgia High School Association (GHSA) Light Standards.

iii. The pole replacement plan must be a pole for pole approach to cause the least amount of disturbance at the park.

iv. The lighting fixture replacement plan is expected to use a one for one replacement plan unless the vendor can produce the required level of Class IV lighting with fewer fixtures.

Specifications for LED Lighting:

The purpose of these specifications is to define the lighting system performance and design standards for LED Lighting Systems. The Proposer will supply the lighting systems to meet or exceed the Class IV lighting standards set forth herein. Work covered by this section of the specifications shall conform to contract documents, engineering plans, as well as state and local codes.

i. The lighting systems will be for the following venue(s):

• North Park Softball Fields 1-4/North Park Miracle League Adaptive Field

(Class IV- Recreation play).

• North Park Turf Field 1 (Class IV football, Lacrosse, soccer).

• North Park Tennis/Pickleball Courts (Class IV Recreation Play).

ii. Lighting:

Color temperature 5000K

Lumen 62000-72500LM

Input Power 500W

Waterproof Rating WET(IP65)

Minimum Warranty Period 5 years

iii. Poles:

a. Concrete poles shall be designed/manufactured in accordance with:

1) ASTM-C1089 (American Society for Testing and Materials): Standard

Specification for Spun Cast Prestressed Concrete Poles (latest revision).

2) Poles shall be designed and constructed with all wiring and grounding concealed within the pole. Any apertures such as handholes, couplings, wiring apertures, etc. shall be cast into the pole during the manufacturing process.

3) All cable entry holes to follow approval drawings and be free from sharp edges for passage of electrical wiring.

4) 3” x 12” or 4” x 10” conduit opening centered below grade (or as specified).

5) A 3.5” x 10.5” high density, cast, zinc handhole frame with a flush zinc cover (location as specified).

6) Wiring aperture for a pre-wired cross arm to be suitable for the diameter of the pole and dependent on the driver location within the assembly design.

7) Poles to be grounded by #6 stranded copper wire.

8) All poles shall be provided with a fish wire to facilitate cable installation.

9) Concrete

(a) 28-day compressive strength of 9,500 psi.

(b) TYPE I or TYPE I0 as per ASTM-C150.

(c) Minimum ¾” concrete coverage between reinforcing steel and pole surfaces.

(d) Water reducers, retarders, or accelerating admixtures shall conform to ASTM-C494. Air entrainment and efflorescence control shall also be used.

10) Internal Caging

(a) Deformed Reinforcing Steel- Grade 75 rebar as per ASTM-A615 and

CSA G30.12.

(b) Prestressing Steel- Uncoated to ½” 270 k.s.i.-7- wire, stress relieved strand as per ASTM-A416 and CSA G279.

(c) Spiral Reinforcement- Conform to ASTM-B240 and not be less than either 0.128” or 0.148” diameter (depending on the class).

11) Prestressing steel reinforcement to be stressed to a maximum of 70% ultimate capacity.

12) Molds to be spun 300-350 rpm for 6-15 minutes.

13) Poles manufactured to have a continuous taper of 0.18” per foot of length.

14) A concrete cylinder test shall be performed for each 100 cubic yards of concrete poured.

North Park Field Maps (Appendix A):

Appendix A, entitled “North Park Field Maps” and included herein, contains park maps with field and lighting locations noted.

North Park Softball Fields 1-4: 24 existing wooden Light Poles

• Removal of 24 existing wood poles; replace with 24 concrete poles.

o Pole length = minimum of 80 feet (minimum of 70 feet above ground).

• Replace existing fixtures with 134 LED lamps and mounting hardware (intent is Class IV lighting level; fewer fixtures will be accepted if this illumination level is achieved).

North Park Turf Field 1: 4 existing Poles

• Replace existing fixtures with 40 LED lamps and mounting hardware (intent is

Class IV lighting level; fewer fixtures will be accepted if this illumination level is achieved).

North Park Miracle League Adaptive Field: 4 existing Poles

• Replace existing fixtures with 12 LED lamps and mounting hardware (intent is

Class IV lighting level; fewer fixtures will be accepted if this illumination level is achieved).

North Park Tennis/Pickleball Courts: 27 existing Poles

• Retrofit existing 27 poles with 42 LED Lamps (intent is Class IV lighting level;

fewer fixtures will be accepted if this illumination level is achieved).

B. Replacement Schedule / Timeline

Provide a project schedule, including material-ordering lead times, to facilitate completion of the project based on the following prioritization:

• Priority 1 = North Park Softball Fields 1-4.

• Priority 2 = North Park Turf Field 1.

• Priority 3 = North Park Miracle League Adaptive Field.

• Priority 4 = North Park Tennis/Pickleball Courts.

C. Project Management, Risk Mitigation, and Grant Management

In each Proposal provide:

• Project Management and Risk Mitigation o Provide a description of the project team structure — who will manage, supervise, and perform the work.

Provide an organizational chart identifying the project manager as the City’s single point of contact and showing relationships between key personnel, subcontractors, and the City.

Define roles and responsibilities (e.g., project manager, site superintendent, quality manager, safety officer).

Identify the chain of communication and decision-making authorities.

o Provide a baseline schedule showing major tasks, durations, and dependencies.

o Identify specific project risks, both technical and administrative (e.g., delays in permitting, material shortages, long lead times, adverse weather, subcontractor performance, grant reporting).

For each risk, outline a mitigation strategy, including contingency actions, responsible personnel, and proactive monitoring.

• Grant Management

As previously noted, this project will be funded by federal grant assistance from the U.S. Department of the Interior – National Park Service through the Georgia Department of Natural Resources Land and Water Conservation Fund Grant (LWCF Grant). Appendix B included herein details applicable Grant requirements.

Because LWCF projects have strict documentation and audit requirements, the Proposer should include:

o Provide a detailed plan of how the Proposer will comply with each of the provisions included in Appendix B.

a. Include procedures for recordkeeping, submittals, and federal grant compliance.

b. How will you assist the City with as-built documentation, final inspections, and grant closeout materials?

c. Explanation of how schedule updates and progress reports will be provided to the City for LWCF Grant oversight.

o Examples of prior experience assisting municipalities with federal grant audits.

FOLLOW THIS OUTLINE

How We Want You to Construct Your Proposal

1. Using Bonfire to Submit Proposal

1.1. This is the link to Bonfire Project Web Page to get our documents and to upload your proposal: https://cityofalpharetta.bonfirehub.com/

1.2. We are accepting all proposals by online response only. You must upload completed proposals online before the closing date and time found in Project Details of the project web page for this RFP.

1.3. Don’t send proposals by mail, fax, or email. We will not accept paper copy proposals.

We will not accept any proposals after the closing time deadline has passed.

1.4. You have not completed your response simply by uploading proposal documents and information. You must successfully upload all the required documents, including filling out any questionnaires, price sheets, or data requests, and then you must click the submit button before the closing time.

1.5. You will receive an email confirmation receipt with a unique confirmation number shortly after you complete your proposal upload. This confirms that you have successfully turned in your proposal with all required information.

1.6. You can update your proposal at any time until the closing time.

1.7. All uploaded items and responses are Sealed and will only be visible by the City after the closing time has passed.

1.8. If the file is ‘mandatory’ or ‘required’, you won’t be able to complete your proposal until you have met all requirements.

1.9. Uploading large documents may take more time, depending on the size of the file(s) and your Internet connection speed.

1.10. Pay attention to the type and number of files we have asked you to upload.

1.11. The largest upload file size is 1000 MB.

1.12. Don’t embed any documents within your uploaded files. They won’t be accessible or evaluated.

1.13. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Java Script must be enabled.

2. Required Proposal Document Formats Each proposal must follow these document formats.

• Failure to follow these formats will reduce our review team’s ability to evaluate and may result in a lower proposal score or in complete removal of a proposal from scoring.

• Format your document text using the following outline. Excluded from noted formatting are cover pages, section separators, company logos, photos, charts, and headers.

o formatted to single space lines, o 10 to 12-point font size, o black font color, and o upload proposal documents in PDF format unless otherwise requested.

o OK, but not necessary, to bookmark PDF files by sections included.

3. Proposal Submittal Instructions

What We Want You To Provide To Us In Your Proposal

• We have outlined information to be submitted in this technical portion of your response.

• The following are required sections for each proposal submitted in response to our request.

• For each section there are certain topics listed to be included within each section.

• Evaluation criteria maximum review points are provided with sections that will be scored.

• Each section must begin on a new page.

• Each proposal must be responsive to all requested information.

• Note and follow any direction concerning page number limits.

Cover Letter Required but not scored.

Limited to two (2) page maximum.

A. Provide a brief company introduction and business profile.

B. Include the following information:

i. Brief business profile.

ii. Office Location.

iii. Number of years in business.

iv. Single point of contact for your proposal

• Name, including business title,

• mailing address,

• telephone number, cell phone number, and

• e-mail address.

Technical Approach 30 Review Points

Limited to four (4) page maximum.

Response must follow instructions and supply information based on Section 3 Scope of Work (subsection A; pages 4 – 6 of this document).

Experience, Past Performance, References 20 Review Points

Limited to four (4) page maximum.

i. Provide examples of your experience and past performance with projects similar in scope and size to the our project defined in the RFP.

ii. For your firm’s proposed key team members, provide a summary of qualifications, work experience, education, skills, etc., which emphasizes previous experience in this area provided for all key personnel who will be involved with any aspects to perform the services requested.

iii. Provide at least three (3) references from the last three years where your company provided services as detailed in this document:

• Provide contact name, phone number, and email address for each reference provided.

NOTE: We contact references to verify your ability to do the work. We also reserve the right to use any information or other references to decide your ability to perform the work in this RFP. Poor references from any source are grounds to disqualify a proposal.

Replacement Schedule/Timeline 10 Review Points

Limited to two (2) page maximum.

Response must follow instructions and supply information based on Section 3 Scope of Work (subsection B; page 6 of this document).

Project Management, Risk Mitigation, and Grant Management 10 Review Points

Limited to three (3) page maximum.

Response must follow instructions and supply information based on Section 3 Scope of Work (subsection C; page 7 of this document).

Contract Draft Review Not scored but required, considered Pass/Fail.

No page limit, but remarks should be concise and include contract draft reference sections, if any.

i. Review contract draft found in Information and Contract T&C.pdf document, Appendix D, posted separately. In response to this section in your proposal, include either:

a) a statement that your company has reviewed the contract draft and approves the draft as presented, or

b) a list of contract draft exceptions and any alternate language. Specific contract sections must be noted. Exceptions should be as brief and concise as possible.

4. Cost Proposal 30 Review Points

Do not include Cost proposal with other Proposal documents.

• Submit a detailed Cost Proposal separately at indicated Requested Information at the project’s Bonfire site.

o See Scope of Work and Deliverables at pages 4 – 7 of this document.

o Cost proposal to cover all necessary plans; engineering, labor, materials, equipment, etc., whatever is needed for the Proposer to complete this work.

5. Required Forms:

• We have provided three required forms. You must complete these forms and return to us with every proposal.

• Below are the required forms for all proposals:

a) IRS Form W-9

b) Bidder’s Disclosures and Certifications

c) E-Verify (Affidavit Verifying Contractor Participation in Federal Work Authorization Program)

All the following must be on the E-verify affidavit.

Federal Work Authorization User Identification Number – this is only five to eight numbers.

No A, B, C’s.

It’s different from your Tax ID, Employer Identification, or Social

Security Number.

It won’t have a combination of letters and numbers.

Date of Authorization – this is when you first signed up and got the E-verify number.

Name of Proposer – your company.

Name of Project – Same as RFP title.

Date, City, and State – when and where this form was signed.

Signature of Authorized Officer or Agent – to be signed.

Printed Name and Title of Authorized Officer or Agent – the person that signed the form.

Notarized with seal.

6. Questionnaire We use a questionnaire to gather important information needed for legal requirements, your acknowledgements, our proposal review, or information needed for writing a contract.

You will fill out the questionnaire provided.

Questionnaire response types are as follows:

• Authorized signer.

o For Corporations (President or Vice President) or o For LLCs (Member of the LLC) for contract execution in DocuSign: Name, corporate title (‘Member’ for LLC), email address.

o Response Type: text entry.

• For Corporations only, Secretary or Assistant Secretary to attest to signing for contract execution in DocuSign:

o Name, business title, email address, (if not a corporation, enter N/A).

o Response Type: text entry.

• Contact for legal notices-needed for contracting:

o Business name and mailing address, contact name.

o Response Type: text entry.

E-Verify side note: Companies return this form to us incorrectly more often than anything else we request in our RFPs.

State of Georgia law requires that we have this completed form before we can review a bid or bid.

A form with errors doesn’t fulfill this requirement.

Top mistakes include:

Wrong number or missing information.

Not notarized.

Not signed.

Wrong form returned.

• Unique Entity ID / identifier used at SAM.gov, o Response Type: alphanumeric entry.

• Note the Employee-Number Category for your company (all locations).

o Select either 500 or more employees, 100 or more employees, or less than 100 employees.

• Acknowledge Addenda, o enter the number of addenda received: 0, 1, 2, etc.

• Acknowledge Insurance Requirement, o Response Type: Yes, No entry.

• Acknowledge Payment & Performance Bonds, Retainage o Response Type: Yes, No entry.

• Acknowledge Granting agency requirements, o Response Type: Yes, No entry.

7. Bid Bond A 5% bid bond will be required with each proposal responding to the RFP. A bid bond form has been provided as a separate document. Return the completed bid bond with your response as a separate document.

APPENDIX A, NORTH PARK FIELD LIGHTING PLACEMENT

MAPS

Remainder of this page blank.

APPENDIX B, GRANT RELATED REQUIREMENTS

Proposer acknowledges that the scope of work (the “Work”) under this RFP will be funded by federal grant assistance from the U.S. Department of the Interior – National Park Service through the Georgia Department of Natural Resources Land and Water Conservation Fund Grant (the “Grant”).

The Proposer shall comply with and perform the Work in accordance with all applicable federal, state, and local laws, regulations, rules, executive orders, policies, guidelines, procedures, directives, and requirements, including, without limitation, 2 C.F.R. § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the requirements, terms, and conditions set forth below in this Appendix B:

1. Compliance with Grant Requirements. Proposer shall cooperate fully with City in its efforts to comply with Grant requirements.

2. Reporting. Proposer agrees to comply with any reporting obligations established by the U.S. Department of the Interior or the Georgia Department of Natural Resources (“DNR”) as they relate to the Grant.

3. Lobbying Certifications. Restrictions on lobbying set forth in 2 CFR Part 200 and 43 CFR Part 18. Proposer must provide to City the following certification regarding lobbying. In addition, Proposer shall comply with the applicable restrictions on lobbying contained in the federal appropriations act through which funds for the Grant were appropriated. By submitting a proposal for this RFP, the Proposer certifies, to the best of its knowledge and belief, that:

a) No Federal appropriated funds have been paid or will be paid, by or on behalf of Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b) If any funds other than 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 in connection with this Federal contract, grant, loan, or cooperative agreement, Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

4. Debarment and Suspension. Proposer represents that neither it nor any of its principals has been debarred, suspended, or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non-procurement) in Executive Order 12549. Proposer agrees to, and assures that its subcontractors, lessees, third party contractors, and other participants at any tier will, review the “Excluded Parties Listing System” at www.sam.gov before entering into any subagreement, lease, third party contract, or other arrangement in connection with a Contract awarded through this RFP. Proposer further agrees that it will notify City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non-procurement programs available at www.sam.gov. Proposer agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier, with Executive Orders Nos. 12549 and 12689, “Debarment and Suspension”, “Non-procurement Debarment and Suspension”, 2 C.F.R. Part 1400, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S.

OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement),” 2 C.F.R. Part 180.

5. Clean Air Act. a) Proposer represents and warrants that it shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401, et seq. b) Proposer represents and warrants to report each violation to the appropriate federal and state authorities and acknowledges and agrees that the State will, in turn, report each violation as required to assure notification to the appropriate federal authorities and the appropriate Environmental Protection Agency Regional Office. c) Proposer represents and warrants to include these requirements in each subcontract exceeding $165,000 financed in whole or in part with federal assistance provided by the Grant.

6. Domestic Preferences for Procurement.

a) As appropriate and to the extent consistent with law, Proposer should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under the Grant.

b) For purposes of this section:

(i) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(ii) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

7. Contract Work Hours and Safety Standards Act. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non– Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented http://www.sam.gov/ https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3701&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3708&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3702&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3704&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

8. Copeland “Anti-Kickback” Act. Copeland “Anti–Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.

9. Nondiscrimination. All Federal requirements relating to nondiscrimination, including, but not limited to: a) Executive Order 14173; b) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §§2000d et seq.), which prohibits discrimination on the basis of race, color, or national origin; c) Title V, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disability; d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 et seq.), which prohibits discrimination on the basis of age; and e) all other applicable Federal laws and regulations prohibiting discrimination, to the end that no person in the United States shall, on the grounds of race, color, sexual orientation, national origin, disability, religion, age, or sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Proposer.

10. Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

a) Employees working on this project will be subject to the whistleblower rights and remedies in the pilot program on employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal Acquisition Regulation.

b) Proposer shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

c) Proposer shall insert the substance of this clause, including this subparagraph c), in all subcontracts over the simplified acquisition threshold.

11. Build America, Buy America. 2 CFR Part 184 - Buy America Preferences for Infrastructure Projects. None of the funds under a Federal award that are part of a Federal financial assistance program for infrastructure may be obligated for an infrastructure project unless https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3702&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3704&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) https://www.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000546&cite=40USCAS3145&originatingDoc=N9DDCF180DD7B11EAB398EAA2463C6B16&refType=LQ&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=(sc.Category) all the iron, steel, manufactured products, and construction materials used in the project are produced in the U.S., unless subject to an approved waiver. This part applies to an entire infrastructure project even if funded by Federal and non-Federal funds under one or more awards. This preference must be included in all subawards, contracts, and purchase orders related to infrastructure projects under Federal awards.

None of the funds provided under the Grant may be used for a project for infrastructure unless:

a) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

b) All manufactured products used in the project are produced in the United States.

This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

c) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.

Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website:

www.whitehouse.gov/omb/management/made-in-America/.

Waivers

When necessary, recipients may apply for, and the Department of the Interior may grant, a waiver from these requirements, subject to review by the Made in America Office.

http://www.doi.gov/grants/BuyAmerica http://www.whitehouse.gov/omb/management/made-in%C2%ADAmerica/