Sol_F15PS00337.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)

0040202385

FWS, DIVISION OF CONTRACTING AND GE

300 WESTGATE CENTER DRIVE

HADLEY MA 01035-9589

F05

Freida Mcclain 413-253-8230

1x 03/17/2015

F15PS00337

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

The U.S. Fish and Wildlife Service, Region 5 has a requirement for a contractor to furnish and install a backup power solar photovoltaic (PV ) System at Sachuest Point

National Wildlife Refuge (NWR), Middletown Rhode Island, Visitor Center. This contract opportunity is a total small business set aside. Local small businesses will receive an evaluation preference which will be identified in Section L of the

Solicitation. The NAICS code is 237130. The small business size standard is $36.5 million. The estimated magnitude of construction for this project is between $25,000 and $100,000. . Registration is required on the System for Award Management (SAM online at www.sam.gov) website. Lack of registration in the SAM database will make an offeror ineligible for award. All other eligible and responsible sources may submit a proposal which shall be considered by the Agency All interested

Contractors are encouraged to attend the site visit scheduled for April 7 2015 at

11:00 AM at Sachuest Point National Wildlife Refuge (NWR), 769 Sachuest Point Rd.

Middletown Rhode Island. Request for Information Will be accepted until April 14, 2015 at 1500 hours.

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.)

0 180 calendar days and complete it within ________________ ________________ calendar days after receiving

05/07/2015

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

Lisa Virgilio

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 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F15PS00337

IGF::OT::IGF TAS 1612

Hurricane Sandy

Supply Install Backup power solar photovoltaic

System

Suggested COR: MGREENIN

Delivery Location Code: 0008349980

FWS SACHUEST POINT NWR

C/O RHODE ISLAND NWR COMPLEX

50 BEND ROAD

CHARLESTOWN RI 02813 US

FOB: Destination

00010 Sandy Sachuest Pt Solar PV

Delivery: 12/31/2015

Period of Performance: 03/10/2015 to 12/31/2015

IGF::OT;;IGF TAS 1612

ADDITIVE:

HURRICANE SANDY SUPPLY AND INSTALLATION BACKUP

SOLAR PV SACHUEST

00020 Additive Sandy Sachuest Pt Solar PV

Delivery: 12/31/2015

Period of Performance: 03/10/2015 to 12/31/2015

ADDITIVE line item may not be awarded.

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

Sponsored by GSA

FAR (48 CFR) 53.110

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 No Description Quantity Unit Price

001 8 KW PV SYSTEM SERVING VISITOR CENTER 1 Job $ ____ Design and install an 8KW DC input grid tied ground mounted Photovoltaic System

Total BASE Price $_______________

Additive Bid Item 002 8 KW PV SYSTEM SERVING VISITOR CENTER 1 Job $ ____

Design and install an additional 8 KW (for a total of 16KW) DC input grid tied ground mounted photovoltaic System.

(May not be Awarded)

Total Bid Price _________________

- END OF BID SCHEDULE -

SECTION C - Description/Specifications

The Contractor shall furnish all labor, materials and equipment required to s to furnish and provide installation of backup power Solar PV at the Sachuest Point National Wildlife Refuge Visitor Center as shown in the contract drawings and specifications attached.

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

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

SECTION F - Deliveries or Performance

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

The Contractor shall be required to

(a) commence work under this contract within 15 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 days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

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, Sandy 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: Freida McClain

Telephone: 413-253-8230 Email: freida_mcclain@fws.gov

Contracting Officer's Representative (COR) for this contract: Kevin Ortyl

Telephone: (413) 253-8626 Email: kevin_ortyl@fws.gov

Site Representative (SR) for this contract: Charlie Vandmoer, Refuge Manager

Parker River National Wildlife Refuge 6 Plum Island Turnpike Newburyport, MA 01950 Telephone Number: 401-364-9124 ext. 11

2. CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON

The COR will act like as a 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 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 must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) 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 15 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 and allow for a minimum 10 day 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 a 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. COST BREAKDOWN OF CONTRACT PAYMENTS

a. Contractors must furnish a 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.

SECTION I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

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

52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013)

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. (AUG 2013)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)

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

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

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

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

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

52.222-6 – Construction Wage Rate Requirements (MAY 2014)

52.222-7 -- Withholding of Funds. (MAY 2014)

52.222-8 -- Payrolls and Basic Records. (MAY 2014)

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

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

52.222-11 -- Subcontracts (Labor Standards). (MAY 2014)

52.222-12 -- Contract Termination - Debarment. (MAY 2014)

52.222-13 -- Compliance with Construction Wage Rate and Related Regulations (MAY 2014)

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

52.222-15 -- Certification of Eligibility. (MAY 2014)

52.222-21 -- Prohibition of Segregated Facilities. (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. (JUL 2014)

52.222-36 -- Affirmative Action for Workers with Disabilities. (JUL 2014)

52.222-37 -- Employment Reports on Veterans. (JUL 2014)

52.222-50-- Combating Trafficking in Persons. (MAR 2015)

52.222-55—Minimum Wages Under Executive Order 13658 (DEC 2014)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

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

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

52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014)

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. (MAY 2014)

52.228-14 -- Irrevocable Letter of Credit. (NOV 2014)

52.228-15 – Performance and Payment Bonds Construction. (OCT 2010)

52.230-2 -- Cost Accounting Standards. (May 2014)

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

52.232-5 -- Payments Under Fixed-Price Construction Contracts. (MAY 2014)

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

52.232-23 -- Assignment of Claims. (MAY 2014 )

52.232-27 -- Prompt Payment For Construction Contracts. (MAY 2014)

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)

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

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

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

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

52.243-5 -- Changes and Changed Conditions. (Apr 1984)

52.244-6 -- Subcontracts for Commercial Items. (OCT 2014)

52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984)

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. (MAY 2014)

(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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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:

(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 statute 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 statute 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 statute. (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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(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 ________ ________ ________

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

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

Include other applicable supporting information.

(End of clause)

52.228-13 -- Alternative Payment Protections. (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

______Payment Bond____________________________ _______Irrevocable letter of Credit__________________

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ___10_ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

52.233-1 Disputes. Alt I (MAY 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, 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 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, 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.

(d)(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 authorized to certify the claim on behalf of the Contractor."

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

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

52.252-2 -- Clauses Incorporated By Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/farqueryframe.html http://farsite.hill.af.mil/search.htm

(End of clause)

1452.203-70 Restrictions on Endorsements. (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

1452.204-70 Release of Claims. (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

1452.215-70 Examination of Records by the Department of the Interior. (APR 1984)

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

(End of clause)

1452.228-70 -- Liability Insurance. (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract, and any extension thereof, liability insurance furnished by an insurance company that is acceptable by the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$1,000,000 each person* https://www.acquisition.gov/far/farqueryframe.html

$1,000,000 each occurrence*

$500,000 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance certificate shall contain an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer; as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

SECTION J - List of Documents, Exhibits and Other Attachments

Specifications 77 pages

Drawings 3 page

Solar PV location 1 page

Wage Determination 13 pages

SECTION K - Representations, Certifications, and Other Statements of Bidders

52.204-8 -- Annual Representations and Certifications. (DEC 2014)

Annual Representations and Certifications (DEC 2014)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.

(2) The small business size standard is 36.5.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when…