Sol_F15PS00068.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040183689

FWS, DIVISION OF CONTRACTING AND GE

300 WESTGATE CENTER DRIVE

HADLEY MA 01035-9589

F05

Same as Block 7

Tamra Swerdlik 503-872-2819

1x 12/29/2014

F15PS00068

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Hurricane Sandy; TAS:1416:12.

The U.S. Fish and Wildlife Service, Region-5, CGS has a requirement for all work associated with furnishing and installing a DC grid-tied solar PV System including a

6-space and 4-space carport, concrete foundation, steel structure, and PV panel frame; at the Eastern Shore of Virginia National Wildlife Refuge in Northampton

County, VA.

Construction Cost Range: $100,000 - $250,000.

Bonds: Bid Guarantee is required when a Performance and Payment Bond is required.

Performance and Payment Bonds are required for bids which exceed $150,000.00. For offers under $150,000 but exceeding $30,000, a payment guarantee is required.

Applicable Wage Determination: VA140071 dated 7/25/2014

Pre-bid Site Visit: See Section L for details about the organized site visit.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

01/28/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FWS, DIVISION OF CONTRACTING AND GE

300 WESTGATE CENTER DRIVE

HADLEY MA 01035-9589

F05

Todd Annes

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F15PS00068

Suggested COR: MGREENIN

Delivery: 180 Days After Notice to Proceed

Delivery Location Code: 0008349902

FWS ESTRN SHORE OF VA NWR

5003 HALLET CIRCLE

CAPE CHARLES VA 23310-1128 US

FOB: Destination

00010 ESV Install PV 14Kw

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation F15PS00068 Photovoltaic Systems at the Eastern Shore of Virginia NWR

BID SCHEDULE

Each Bid item shall include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each bid item to construct the following areas of work in accordance with the contact documents. The unit costs shall include the costs for all construction disciplines (civil, structural, mechanical, electrical, control work, etc) associated with the work area. Additive Alternates Bids will be awarded as available funds allow.

Bid Item Estimated Extended No. Description Quantity Unit Price_____

001 14KW PHOTOVOLTAIC CARPORT 1 Job $ __________ Design, provide and install a 14 KW DC grid tied solar PV System including 20' x 60' six space carport, concrete foundation, steel structure, and PV panel frame at the Headquarters Building.

Total BASE Price $ __________

ALTERNATIVE BID ITEMS

A01 10KW PHOTOVOLTAIC CARPORT 1 Job $ __________ Design, provide and install a 10 KW DC grid tied solar PV System including 20' x 40' four space carport, concrete foundation, steel structure, and PV panel frame at the Shop Complex.

Total BID Price $ __________

- END OF BID SCHEDULE -

SECTION C - Description/Specifications

The Contractor shall furnish all personnel, labor, materials, tools, transportation, equipment, and consumables required for the furnishing and installation of the solar photovoltaic systems, at the Eastern Shore of Virginia National Wildlife Refuge located in Northampton County, Virginia.

Work shall be performed in accordance with technical specifications, drawings, and terms and conditions contained herein.

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

52.246-12 -- Inspection of Construction. (Aug. 1996)

52.246-21 -- Warranty of Construction. (Mar 1994)

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

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

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 180 calendar days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

SECTION G - Contract Administration Data

1. CONTRACT REPRESENTATIVE

1452.201-70 Authorities and delegations. (SEP 2011)

(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 will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(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 or authorized representative(s) acting within the scope and authority of the appointment memorandum. 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, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, 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 his or her appointment, shall be at the Contractor's risk.

(End of clause)

Contracting Officer (CO) responsible for this contract: Lisa Virgilio, Division Chief

U.S. Fish & Wildlife Service Division of Contracting and General Services 300 Westgate Center Drive Hadley, MA 01035-9589

Contract Specialist (CS) for this contract: Tamra Swerdlik

Telephone: (503) 872-2819 Email: Tamra_Swerdlik@@fws.gov

Contracting Officer's Representative (COR) for this contract: Teresa Walter

Telephone: (301) 497-5626 Email: teresa_walter@fws.gov

Site Representative (SR) for this contract: Robert Leffel , Acting Refuge Manager

Eastern Shore of Virginia National Wildlife Refuge 5003 Hallet Circle Cape Charles, VA

Telephone Number: 757-331-2760 ext. 113

2. CONTRACTING OFFICER’S REPRESENTATIVE (COR) – LIAISON

The COR will be the liaison between the U.S. Fish & Wildlife Service herein referred to as “Service” and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.

3. JOB SITE ADMINISTRATION

The Government will designate a CR or SR who will be available at the site to inspect the work as it progresses. The CR or SR will prepare an Inspector’s Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, The Contractor’s Superintendent, as defined below, shall contact the CR or SR, review the daily log, and sign as the Contractor’s representative. Unless the Contractor’s Superintendent makes notation of the contrary on the daily log, the log shall be presumed to be accurate. The CR or SR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent superintendent (hereinafter referred to as the “Contractor’s Superintendent” who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulations (FAR) Clause 52.236-6.)

4. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements- Invoice Processing Platform (IPP) (SEPTEMBER 2011)

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 to the Contracting Officer before the electronic invoice is submitted into IPP:

Hardcopy invoice is to be submitted to the Contracting Officer for review and approval before electronic invoice is entered.

Prime contractor and subcontract payrolls Payment Request Certification Release of Claims (final invoice) SF 1413 – Statement and Acknowledgment (if applicable) Schedule of Values Progress Schedule Owner/Operator manuals (if applicable) As-Built Drawings (if applicable) Warranty Certificates (if applicable)

The Contractor shall 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 Template)

SECTION H - Special Contract Requirements

1. UTILITIES

The following utility services will not be provided by the Government. The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Electricity Water

2. GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their"

3. SAFETY

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project.

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

c. The Contractor shall initiate and maintain an effective safety program that provides adequate systematic policies, procedures, and practices to protect their employees from and allow them to recognize, job-related safety and health hazards. The program shall include provisions for the systematic identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The Contractor shall immediately notify the CO of any accident, incident, or exposure resulting in a fatality, lost-time injury, or property loss/damage of $2,500 or more arising out of work performed under this contract. The Contractor shall investigate all work-related accidents/incidents to the extent necessary to determine their cause(s) and furnish the CO an investigative report outlining findings and proposed or completed corrective actions. The contractor shall, when required by the CO, have a separate and complete independent investigation of the accident/incident, and submit a comprehensive report of findings and recommendations to the CO. The CO shall consult with the COR, CR and Service safety personnel in reviewing the investigation report and corrective actions. If the contractor fails or refuses to institute prompt corrective action, the CO may invoke the suspension-of-work clause in this contract or any other remedy available to the government. Any delay or cost resulting from a safety-related suspension of work will be borne by the Contractor.

e. In the event of an accident/incident, the Contractor shall be responsible for providing and obtaining appropriate medical and emergency assistance. Except for rescue and emergency measures, the scene of the accident/incident shall not be disturbed or the operation resumed until the on-site aspect of the investigation has been completed.

f. Service safety personnel and representatives from Federal, State, and local government agencies shall have the right to examine and conduct an investigation at sites or areas where work under this contract is being performed. The absence of such investigations shall not relieve the contractor of their safety program responsibilities.

4. ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA);

Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

5. PROGRESS MEETINGS

a. The Contractor’s representative shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

b. Meetings will be scheduled by the CO with timely notification to the Contractor.

c. At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

6. SUBMITTALS

a. It is the responsibility of the contractor to identify all submittals required by the specifications, referencing the Subdivision applicable, and submit the list to the CO within 14 calendar days after receipt of Notice to Proceed. Failure to list a submittal will not relieve the contractor from submission of required information. A Submittal Register will be provided for completion.

b. All submittals requiring approval shall be submitted by the Contractor using a government-approved submittal form. The form must include the contract number and description of contents. All submittals shall be submitted for a 14 calendar day review by the COR, to allow adequate review prior to commencement of work in that area. (See Materials and Workmanship, Section I, FAR Clause 52.236-5.)

7. CONTRACT DRAWINGS AND SPECIFICATIONS

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the CO.

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the CO of ambiguities, contradictions, gaps in information, if any;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph

(5) Reproduce and print contract drawings and specifications as needed. (After award, if additional copies of specifications and drawings are available, they will be provided to the contractor.)

c. Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

d. The work shall conform to the specifications and the contract drawings identified in Section J.

8. "AS BUILT" RECORD DRAWINGS

a. Contractor shall maintain in proper order, one (1) complete set of clean prints of all drawings on the project site.

b. The Contractor shall neatly inscribe, in red ink or pencil, all changes in work, and the dates of such changes, on the prints. The changes shall be noted in sufficient detail and clarity to accurately portray all "as built" conditions.

c. At the time of final inspection, the Contractor shall present the "as built" drawings to the CO.

9. APPLICABLE WAGE RATE DECISION

The Secretary of Labor has made a determination of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on this project. The decision number and date with minimum rates for this project are shown in Section J. The Contractor must furnish copies of his payrolls to the CO, weekly, seven (7) days after close of payroll period.

10. WORK HOURS

Working hours for the Contractor will be from 8:00 a.m. thru 4:30p.m., Monday thru Friday, excluding Saturdays and Sundays. Advance coordination with the CO is required prior to working at any other time.

11. PRECONSTRUCTION CONFERENCE

a. After award of the task order, the Contractor shall attend a preconstruction conference with representatives of the Government at a time and place mutually agreed upon. (See Preconstruction Conference, Section I, FAR Clause 52.236-26.)

12. CHANGES

During the performance of this contract, various Government personnel will periodically appear on the job site to inspect contractor performance. The contractor is advised that ONLY the CO has the authority to direct or approve any change for work that will affect the price, quality, quantity or performance time.

13. ITEMIZED COST OF CONTRACT PAYMENTS

a. Contractors shall furnish an itemized cost breakdown of any lump sum items which will provide the basis for progress payments. The cost breakdown shall be submitted in a format acceptable to the Contracting Officer and each item shall include overhead and profit.

Contractor and CR/SR at the site must agree on the percentage of work completed at the end of each month. Contractor will submit an invoice monthly for payment to the CO. This invoice must be signed by the CR/SR or it will be returned to the Contractor and will delay payment. A correctly signed invoice is reviewed by the COR who prepares a contract progress report, and returns the payment request to the CO who approves and processes for payment.

b. Payments are authorized by FAR Clause 52.232-5, which requires that the Contractor certify with each payment request that he has paid or will pay with the proceeds of the payment his employees and subcontractors.

14. PROGRESS SCHEDULE/REPORTS

A contract progress schedule is required within 10 days after work commences. Actual progress must be reported on a contract progress report every two weeks. A copy of these forms shall be provided to you. (See Schedules for Construction Contracts, Section I, FAR Clause 52.236-15.)

15. MODIFICATION PROPOSALS-PRICE ITEMIZATION

a. The Contractor shall furnish an itemized price breakdown, within the time specified by the Contracting Officer, with any proposal for a contract modification.

b. The price breakdown:

c. Must include sufficient detail of all costs for—

(1) Material;

(2) Labor;

(3) Equipment;

(4) Subcontracts; and

(5) Overhead and Profit; and

d. Must cover all work involved in the modification, whether the work was deleted, added, or changed.

e. The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

f. The Contractor's proposal shall include a justification for any time extension proposed. A revised progress schedule will be required if time is adjusted.

16. QUALITY CONTROL

The Contractors Quality Control Inspector and/or Superintendent shall ensure all items on the Pre-Final Punch List, rejected and nonconforming work, along with all remaining work conforms to the contract terms, construction documents and industry standards, prior to the final inspection. The Contractor is responsible for maintaining its own pre final and final inspection records. The Contractor will be legally and financially responsible for not completing all of the contract requirements in accordance with the contract terms.

17. BENEFICIAL USE OR OCCUPANCY

The Contractor shall complete all inspections and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246.21. Extended warranties offered by the contractor and its subcontractors or suppliers may be accepted at the Government’s discretion.

18. REPEAT INSPECTIONS

In the event the Contracting Officer finds that the project is not ready for the applicable inspections, (too many discrepancies) the contractor may be held liable for the cost of a repeat inspection. If the inspection involves the Contracting Officer, Contract Specialist, COR, Safety Officer or other key members, these cost may include additional labor, travel and miscellaneous expense.

19. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY

2010)

(a) FAR 42.1502 Directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessments Reporting System, (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The Past performance evaluation process is a totally paperless process using CPARS.

CPARS us a web-base system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System, (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, pone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars,csd.disa.mil. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application maybe found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://wwww.cpars.csd.disa.mil. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your reviews on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and the, signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

SECTION I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 – Definitions (Jan 2012)

52.203-3 – Gratuities (Apr 1984)

52.203-5 -- Covenant Against Contingent Fees (Apr 1984)

52.203-7 -- Anti-Kickback Procedures. (OCT 2010)

52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (Jan 1997)

52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (Jan 1997)

52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sep 2007)

52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

52.204-2 -- Security Requirements. Alternate II (Aug. 1996)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

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

52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards. (FEB 2012)

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

52.209-6 -- Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (May 2012)

52.215-2 -- Audit and Records – Negotiation. (Oct 2010)

52.215-8 -- Order of Precedence - Uniform Contract Format. (OCT 1997)

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

52.219-8 -- Utilization of Small Business Concerns. (Jan 2011)

52.219-14 -- Limitations on Subcontracting. (Nov 2011)

52.219-28 – Post-Award Small Business Program Representation. (Jul 2013)

52.222-3 -- Convict Labor. (JUN 2003)

52.222-4 -- Contract Work Hours and Safety Standards Act -- Overtime Compensation.

(Jul 2005)

52.222-6 -- Davis-Bacon Act. (JUL 2005)

52.222-7 -- Withholding of Funds. (FEB 1988)

52.222-8 -- Payrolls and Basic Records. (JUN 2010)

52.222-9-- Apprentices and Trainees. (JUL 2005)

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

52.222-11 -- Subcontracts (Labor Standards). (JUL 2005)

52.222-12 -- Contract Termination - Debarment. (FEB 1988)

52.222-13 -- Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

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

52.222-15 -- Certification of Eligibility. (FEB 1988)

52.222-21 -- Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 -- Equal Opportunity. (MAR 2007)

52.222-27 -- Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 -- Equal Opportunity for Veterans. (SEP 2010)

52.222-36 -- Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 -- Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

52.222-50-- Combating Trafficking in Persons. (FEB 2009)

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

(Jul 2012)

52.223-5 -- Pollution Prevention and Right-to-Know Information. (MAY 2011)

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

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

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

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

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

52.227-1 -- Authorization and Consent. (Dec 2007)

52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec.

2007)

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)

52.228-11-- Pledges of Assets. (JAN 2012)

52.228-12 -- Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 -- Irrevocable Letter of Credit. (DEC 1999)

52.228-15 -- Performance and Payment Bonds—Construction. (Oct 2010)

52.229-3 -- Federal, State, and Local Taxes. (Feb 2013)

52.230-2 -- Cost Accounting Standards. (May 2012)

52.230-6 -- Administration of Cost Accounting Standards. (Jun 2010)

52.232-5 -- Payments Under Fixed-Price Construction Contracts. (Sept 2002)

52.232-16 -- Progress Payments. (Apr2012) Alternate I

52.232-17 -- Interest. (Oct 2010)

52.232-23 -- Assignment of Claims. (Jan 1986)

52.232-27 -- Prompt Payment For Construction Contracts. (OCT 2008)

52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul.

2013)

52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013)

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

52.233-3 -- Protest After Award. (Aug. 1996)

52.233-4 -- Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 -- Differing Site Conditions. (Apr 1984)

52.236-3 -- Site Investigation and Conditions Affecting the Work. (Apr 1984)

52.236-5 -- Material and Workmanship. (Apr 1984)

52.236-6 -- Superintendence by the Contractor. (Apr 1984)

52.236-7 -- Permits and Responsibilities. (Nov 1991)

52.236-8 -- Other Contracts. (APR 1984)

52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 -- Operations and Storage Areas. (APR 1984)

52.236-11 -- Use and Possession Prior to Completion. (APR 1984)

52.236-12 -- Cleaning Up. (APR 1984)

52.236-13 -- Accident Prevention. (NOV 1991)

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

52.236-15 -- Schedules for Construction Contracts. (Apr 1984)

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

52.236-26 -- Preconstruction Conference. (FEB 1995)

52.242-13 -- Bankruptcy. (Jul 1995)

52.242-14 -- Suspension of Work. (Apr 1984)

52.243-4 -- Changes. (Jun 2007)

52.244-6 -- Subcontracts for Commercial Items. (Dec 2013)

52.245-1 -- Government Property. (Apr 2012) Alternate I

52.245-9 -- Use and Charges. (Apr 2012)

52.248-3 -- Value Engineering – Construction. (Oct 2010)

52.249-2 -- Termination for Convenience of the Government (Fixed-Price). (Apr 2012) Alternate I

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

52.253-1 -- Computer Generated Forms. (JAN 1991)

CLAUSES IN FULL TEXT

52.225-9 -- Buy American Act–Construction Materials. (Sep 2010)

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

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity

Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

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

(End of Clause)

52.228-1 -- Bid Guarantee (Sep 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000 whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

52.233-1 Disputes. Alt I (Dec 1991)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)

(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)

(i) The contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For…