Sol_F15PS00100.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)

FWS, DIVISION OF CONTRACTING AND GE

300 WESTGATE CENTER DRIVE

HADLEY MA 01035-9589

F05

Same as Block 7 and email to Tamra_swerdlik@fws.gov

Tamra Swerdlik 503-872-2819

1x 01/21/2015

F15PS00100

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

HURRICANE SANDY TAS14-1612 IGF::OT::IGF

The U. S. Fish and Wildlife Service, Region-5, CGS, has a requirement for all work associated with furnishing and installation of (2) Electric Generator Systems and

(3) Manual Transfer Switches at Chincoteague National Wildlife Refuge (NWR), Chincoteague Island, Virginia, in accordance with specifications, drawings, terms and conditions contained herein. This contract opportunity is a total small business aside. Local small businesses will receive an evaluation preference. (See

Sections L and M of this solicitation for details).

Construction Cost Range: $100,000 - $500,000

Applicable Department of Labor Wage Determination: VA20140065 dated 1/2/2015

Offer Guarantee: An offer guarantee in the amount of 20 percent of the amount offered is required.

Bonds: A Performance Bond and Payment Bond in the amounts of 100 percent of the offer are required.

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.)

10 270 calendar days and complete it within ________________ ________________ calendar days after receiving

02/20/2015

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

DIVISION OF CONTRACT & GS

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 39

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F15PS00100

Standby Generator for the Chincoteague National

Wildlife Refuge

Suggested COR: MGreenin

Delivery: 06/30/2015

Delivery Location Code: 0008801904

Chincoteague Nat. Wildlife Refuge

8231 Beach Road

Chincoteague Island VA 23336 US

FOB: Destination

00010 Sandy CHN backup generators

IT Approval Num: N

Period of Performance: 10/01/2014 to 06/30/2015

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP# F15PS00100, Furnish & Install Generators & Manual Transfer Switches at Chincoteague NWR, VA

SCHEDULE

Offerors shall include all direct and indirect costs (fees, overhead, profit, taxes, permits, etc) associated with each Line Item to construct the following areas of work in accordance with the terms and conditions of the contract documents, Specifications and Drawings. Unit Costs shall include all direct and indirect costs for all construction disciplines (civil, structural, mechanical, electrical, control work, etc) associated with the work requirement.

Line Item Extended No. Description Quantity Unit Price

0001 NEW GENERATOR & STRUCTURE: 1 Job $______________ Construct wooden framed, cedar sided, concrete foundation, standing seem metal roof generator bldg. including generator, automatic transfer switch and lights to serve the Administration Building.

In accordance with (IAW) the attached Specifications And Drawings

0002 SHOP COMPLEX MODIFICATION: 1 Job $____________ Furnish and install a stand-by electric generator and manual transfer switch at the Refuge shop complex IAW the attached Specifications and Drawings.

0003 RESIDENCE(S) MODIFICATION: 1 Job $ _ Install a new service rated fused manual transfer switch (MTS) at the Refuge residences numbers 47 and 48 IAW the attached Specifications and Drawings.

0004 SERVICE ENT PANEL MODIFICATION: 1 Job $_____ Install surge protective devices for the main distribution Panel serving the refuge Administration Building, Education Center and Maintenance Office Building IAW the attached Specifications and Drawings.

Total Price $_________________

END OF SCHEDULE

SECTION C - Description/Specifications

Contractor shall furnish all personnel, labor, materials, tools, transportation, equipment, and consumables required for the furnishing and installation of Electric Generator Systems and Manual Transfer Switches at Chincoteague National Wildlife Refuge (NWR), Chincoteague Island, VA as delineated in the attached specifications and drawings.

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

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

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

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

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer;

and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier 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 that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

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 270 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: Todd Annes

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: Charlene Swartz, Acting Supervisor Facility Operations

Chincoteague National Wildlife Refuge 8231 Beach Road Chincoteague Island, VA 23336 Telephone Number: 757-336-6122 Ext 2307

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, phone 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)

52.222-99 Establishing a Minimum Wage for Contractors (DEVIATION 2014-00017(JUNE 2014)

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…