Vol 1.pdf

U.S. General Services Administration

SOLICITATION AND AGREEMENT FORMS

SOLICITATION NO: GS-01P-11-BZ-C-0032

PROJECT: RECOVERY 2009 STIMULUS PROJECT: Simplified Acquisition Construction Contract for TECOGEN CO-GENERATION

UNIT ADVANCED METERING INSTALLATION WILLIAMS COAST

GUARD BUILDING IN BOSTON, MA

OFFER DUE DATE: September 22, 2011 TIME: 2:00 PM Local Time

LOCATION: GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDING SERVICES

FACILITIES MANAGEMENT AND SERVICES PROGRAMS

DIVISION,

ENERGY AND ENVIRONMENTAL BRANCH, (1PME)

ATTN: KATHLEEN BROCK, CONTRACTING OFFICER

10 CAUSEWAY STREET, ROOM 1100

BOSTON, MA 02222-1077

Volume I

THIS PROCUREMENT IS 100% SET-ASIDE FOR SERVICE DISABLED

VETERAN OWNED (SDVO) SMALL BUSINESS IN ACCORDANCE WITH FAR PART 19

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION/ CONTRACT THAT ARE NOT

REQUIRED BY REGULATION HAVE BEEN APPROVED BY THE OFFICE OF MANAGEMENT AND BUDGET PURSUANT TO THE

PAPERWORK REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163.

GSA Public Buildings Service US General Services Administration 10 Causeway Street New England Region Boston, MA 02222 www.gsa.gov

TABLE OF CONTENTS

This Table of Contents is for convenience only. Its accuracy is not guaranteed and it is not to be considered as part of the specifications. In case of a discrepancy between the Table of Contents and the Specification, the Specification shall govern.

CONTENTS PAGES

Solicitation 17 pp

Agreement 26 pp

Wage Determination 19 pp

Solicitation, Offer and Award (Standard Form 1442) 3 pp

Posted Separately:

Pre-Proposal Conference Letter

Solicitation

RECOVERY: Simplified Acquisition Construction

Contract for TECOGEN CO-GENERATION UNIT

ADVANCED METERING INSTALLATION WILLIAMS

COAST GUARD BUILDING IN BOSTON, MA

GSA Solicitation No. GS-01P-11-BZ-C-0032

Notice to Offerors of Service-Disabled Veteran-Owned Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

NOTICE

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

Table of Contents

I. General Information

A. The Solicitation and the Contract

B. List of Solicitation Documents

C. Authorized Representatives

D. Estimated Price Range

E. FAR 52.236-27 Site Visit - Construction

F. Receipt of Offers

G. FAR 52.228-1 Bid Guarantee

II. Proposals

A. Proposal Contents

B. Other Information to be submitted with Proposal

III. Solicitation Provisions

A. General Provisions

B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American

B. Buy American Exceptions

C. Additional Provisions

IV.D American Recovery and Reinvestment Act of 2009

V. Method of Award

A. Evaluation of Offers

B. Determination of Responsibility

C. Price Reasonableness

D. Unbalanced Prices

I General Information

I.A The Solicitation and Contract

I.A.1 This Solicitation is set-aside for Service-Disabled Veteran-Owned Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. Proposals conforming to the

Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

I.A.2 Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein.

I.A.3 The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B List of Solicitation Documents

The Solicitation Documents are comprised of:

1. The Solicitation

2. Offeror Representations and Certifications Form (C301)

3. Other Forms Required For Submission with Proposals

4. Standard Form (SF) 1442 – Solicitation Offer and Award

5. The Agreement and Attachments to the Agreement

I.C Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

I.C.1 Contracting Officer

Name: Kathleen M. Brock, Contracting Officer Address: GSA Energy and Utilities Branch 1PME 10 Causeway Street, 11th Floor, Boston, MA 02222-1077 Telephone: 617-565-8283

Email: kathleen.brock@gsa.gov

I.C.2 Alternate Point of Contact

Name: Harold Hill Jr.

Address: GSA Energy and Utilities Branch 1PME 10 Causeway Street, 11th Floor, Boston, MA 02222-1077 Telephone: 617-565-5027

Email: harold.hilljr@gsa.gov

I.D Estimated Price Range

The estimated price range for the Project is between $25,000.00 and $100,000.00.

I.E FAR 52.236-27 Site Visit - Construction (FEB 95)

I.E.1 The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site

Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

I.E.2 Site visit(s) will be held at the following date(s) and time(s):

Date: September 12, 2011

Time: 8:30 A.M.

Cut-off Date:

No subsequent site visitation will be permitted after September 16, 2011.

For further information, please contact:

Name: Harold Hill Jr.

Address: GSA Energy and Utilities Branch 1PME 10 Causeway Street, 11th Floor, Boston, MA 02222-1077

Telephone: 617-565-5027 Email: harold.hilljr@gsa.gov or

Name: Nicholas Pace, Building Management Specialist Address: Williams Coast Guard Building, 408 Atlantic Avenue, Boston, MA

Telephone: 617-223-8607 Email: nicholas.pace@gsa.gov

I.F Receipt of Offers

I.F.1 In order to be considered for award, offers conforming to the requirements of the

Solicitation must be received at the following office no later than 2:00 PM Local Time on the following date and at the following address:

Date: September 22, 2011 Address: GSA Energy and Utilities Branch 1PME 10 Causeway Street, 11th Floor, Boston, MA 02222-1077

ATTN: Kathleen M. Brock, Contracting Officer

I.F.2 Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

I.F.3 Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

PROHIBITION AGAINST SUBMISSION THROUGH FACSIMILE EQUIPMENT

This solicitation DOES NOT authorize the transmittal of bids, modifications, or withdrawals of bids through facsimile equipment. This prohibition against facsimile transfer refers to messages transmitted via facsimile equipment directly to a GSA office or facility. It does not include messages sent to commercial carriers for delivery to the office designated for receipt of bids.

I.G FAR 52.228-1 Bid Guarantee (SEP 96)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury

Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

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

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

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

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

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

II Proposals

II.A Proposal Contents

II.A. 1 Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications (CIC301)

4. Bid Guarantee, using Standard Form 24

5. GSA Form 527 – Contractor’s Qualification and Financial Information

6. Other Documents as Required

II.B.1 Price Proposal Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the

Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract

Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror. If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

II.B.2 The Technical Proposal shall include the information on the offeror’s experience and past performance on similar work.

II.B.3. Each Offeror is to provide three projects completed in the last 3 years that demonstrated similar experience. For each project, indicate the project owner, the contract value at award, final contract value after adjustments, and type of contract. Similar project is defined as similar in size and complexity to the project described herein. For each project provide contact references for verification of information submitted.

Proposal Schedule: Provide a schedule that details how the project will be accomplished based on a completion schedule of 60 days

Subcontracts: Provide a list of any proposed subcontractors, and the total percentage of the work that will be subcontracted

Provide the names of the proposed project manager and site supervisor

II.C Other Information to be Submitted with Proposal

II.C.1 Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8) using file CIC301 attached to this Solicitation.

II.C.2 Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial

Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

III Solicitation Provisions

III.A General Provisions

III.A.1 Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a

Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

III.A.2 Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the

Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 3 calendar days. Therefore, prospective Offerors should make such requests not less than 3 calendar days prior to the date set for receipt of offers. Requests for clarifications or interpretations of the Solicitation Documents made after this date may not be answered.

III.A.3 Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the

Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.A.4 Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 13 as a negotiated simplified procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will made available until after award except as provided by FAR 15.503.

III.A.5 Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.A.6 Notice Concerning Preparation of Proposals

The Contract contemplated by this Solicitation contains revisions to standard FAR and GSAR construction clauses. Offerors are cautioned to carefully read the entire Solicitation and the

Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.A.7 Bond/Payment Protection Requirements

Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1

Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.A.8 Vendor Past Performance System

The General Services Administration (GSA), Public Buildings Service (PBS) will begin using

Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. The system enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

(a) Contractor Performance Assessment Reporting System (CPARS): Used to create past performance evaluations on services procurements;

(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on A/E procurements; and

(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

Throughout the rest of this section, the term “CPARS” will mean the overall evaluation system

(inclusive of the CPARS, ACASS and CCASS evaluation modules).

Each award requiring an evaluation will be registered in CPARS by the Government. Within 30 days of award, the contractor will receive an email that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for free on-line

Contractor Overview training when these sessions are offered. The training session is (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., contracting director) to consider any disagreement between

GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

NOTE: Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the Past Performance Point of Contact (POC) listed on the contractor’s

Central Contractor Registration (CCR) profile will be used as the default Past Performance

POC. This is the individual who will receive CPARS email alerts. In accordance with FAR

Clause 52.204-7 the contractor is responsible for the accuracy and completeness of the data within the CCR database.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

III.A.9 Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as

Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information set forth in Paragraph III.A of the Agreement (Administrative Matters) as a condition of receipt of such information.

III.B FAR/GSAR Solicitation Provisions

III.B.1 FAR 52.215-1 Instructions to Offerors—Competitive Acquisition. (JAN 04)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225- 17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

III.B.2 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative

Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

4.0 % 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the

Federal Register in notice form, and these notices may be obtained from any Office of Federal

Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative

Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order

11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for

Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the

"covered area" is:

BOSTON, MA (SUFFOLK COUNTY)

III.B.3 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html

NUMBER TITLE DATE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008

52.236-28 Preparation of Proposals—Construction OCT 1997

IV Buy American and Additional Solicitation Provisions

IV.A Buy American

FAR 52.225-10 Notice of Buy American Act Requirement—Construction Materials. (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

IV.B Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American

Provision of this Solicitation, the following construction materials and components are excepted:

NONE

IV.C. Additional Solicitation Provisions

NUMBER TITLE DATE

552.252.5 Authorized Deviations or Variations in Provisions APR 84

IV.D American Recovery and Reinvestment Act of 2009

IV.D.1. This Contract is funded in whole or in part by the American Recovery and Reinvestment

Act of 2009 (ARRA).

IV.D.2 The extent of ARRA coverage is set forth in Paragraph I.F. of the Agreement.

V Method of Award

V.A Evaluation of Offers

The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be most advantageous to the Government, Price and other factors considered. In addition to Price, the following non-price factors shall be used to evaluate offers:

Experience and Past Performance

Non-Price Factors, when combined, are significantly more important than important than/equal in importance to Price.

V.B Price Reasonableness

All offers must include reasonable prices. The Contracting Officer may reject all offers containing prices determined to be unreasonably high or low.

V.C Unbalanced Prices

All offers must include balanced prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalanced with respect to such prices or rates. A proposal may be deemed unbalanced if the Base Contract

Price, unit prices, option prices or bid rates vary so markedly from either the Government estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the potential cost of an offer in comparison to other, balanced, offers.

V.F Non-Price Factors

V.F.1 Experience and Past Performance

V.F1.a Experience and past performance will be evaluated as a predictor of the Offeror’s ability to perform the work in compliance with contract requirements and overall quality of performance.

Experience will be evaluated on the basis of information submitted by the Offeror indicating completion of projects of similar size, complexity, and scope. If the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal. Past performance will be evaluated on the basis of information received by the

Contracting Officer concerning the Offeror's performance on other contracts, including information not submitted by the Offeror.

Agreement

Recovery: Simplified Acquisition Construction

Contract for TECOGEN CO-GENERATION UNIT

ADVANCED METERING INSTALLATION WILLIAMS

COAST GUARD BUILDING IN BOSTON, MA

GSA Contract No. GS-01P-11-BZ-C-0032

The Agreement Table of Contents

I. Project Information

A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. American Recovery and Reinvestment Act of 2009 (ARRA) G. Contract Liquidated Damages Rate H. Buy American Exceptions I. Statement of Work, Specifications, Drawings, Exhibits and Other Attachments

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. General Terms and Conditions B. Commercial Item Contract Clauses

I Project Information

I.A Project Summary

Contractor shall provide a cost effective and efficient technical solution to achieving GSA’s advanced metering requirements at the Williams Coast Guard Building, 408 Atlantic Ave, Boston, MA. The contractor shall furnish and install, one (1) Obvius A8812- 1 Aquasuite wireless data collection device, one (1) Obvius R9120-5 ModHopper wireless, 256 bit AES encryption advanced metering hardware device, and one Btu meter, to monitor the Tecogen Co-Generation unit and program and connect the meters to the existing GSA network LAN switch.

The work shall include CT’s and cabling connections from the Co-generation control panel power circuit and installed Btu meter to the Obvius R9120-5 Modhopper device.

Connect the A8812-1 AquaSuite to the existing ION7650 Advanced Meter and insure stable wireless communication with Obvius R9120-5 Modhopper. Connect, test and program the installed meters, and verify communication and data to the server.

Unless otherwise specified, no sub-metering will be installed at this time.

A site visit is mandatory to verify information provided for quantities, locations and wire runs.

I.B The Contract

I.B.1 The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

I.B.2 The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C Period of Performance

I.C.1 Commencement. The Contractor shall commence performance of the Work within 14 days after the Contractor receives the Notice to Proceed (NTP).

I.C.2 Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 60 calendar days from issuance of Notice to Proceed (NTP).

I.C.3 Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 30 calendar days of Substantial Completion.

I.D Work Conditions/Site Requirements

The contractor’s general working hours will be Monday through Friday between 6:00 A.M. and 6

P.M. Utility interruptions must be scheduled a minimum of two weeks in advance and must be at a time and date acceptable to the Government. The contractor must obtain and provide for all required permits, and licenses required in the execution of work by all authorities.

I.E Authorized Representatives

I.E.1 This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the authorized GSA representative under this Contract:

(a) Contracting Officer

Name: Kathleen M. Brock, Contracting Officer Address: GSA Energy and Utilities Branch 1PME 10 Causeway Street, 11th Floor, Boston, MA 02222-1077 Telephone: 617-565-8283

Email: kathleen.brock@gsa.gov

I.E.2 Authorities and Limitations

I.E.2 (a) All rights, responsibilities and authorities of GSA under this Contract are vested in the Contracting Officer. The Contracting Officer may delegate these rights, responsibilities, and authorities to other GSA representatives. Such delegations shall be effective and binding only if communicated in writing to the Contractor, and subject to any limitations specified therein.

I.E.2(b) The Contractor shall perform the Contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by the Contracting Officer or other representative to whom the Contracting Officer has delegated authority. The Contractor assumes all the risk and consequences of performing work in accordance with an order issued by a person lacking authority to issue such order.

I.F American Recovery and Reinvestment Act of 2009 (ARRA)

I.F.1 This Contract is funded wholly by ARRA.

I.G Contract Liquidated Damages Rate (If applicable)

In accordance with Paragraph III.A.14, liquidated damages shall be calculated at the rate of

$ 0 per calendar day.

I.H Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American clause of the Agreement, the following construction materials and components are excepted:

NONE

I.I Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

1. Statement of Work for Contract No. GS-01P-11-BZ-C-0032, Dated August 24, 2011

2. GSA - ION EEM Advanced Metering Communications and Interconnection Guide

3. Advanced Metering Implementation Guide, Dated Feb 26, 2009

4. Davis-Bacon Wage Determination: General Decision Number: MA100001 Dated 8/26/2011

MA1

II Prices

II.A Basis of Pricing

Note: Items II.A.3 – II.A.5 are standard definitions for all construction contracts

II.A.1 Contract Prices

All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

II.A.2 Knowledge of Conditions Affecting Price

FAR 52.236-3, Site Investigations and Conditions Affecting the Work (APR 84), is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

II.A.3 Unit Prices and Allowances

If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established in an amount sufficient to compensate the Contractor for such work at the established unit prices. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is sufficient only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

II.A.4 Options

If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

II.A.5 Bid Rates: N/A

II.B Contract Price Form (See SF 1442)

III Terms and Conditions

III.A General Terms and Conditions

III.A.1 Commencement, Prosecution, and Completion of Work

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion, as defined in III.A.11(a), of the Work within the time specified in Paragraph I.C of the Agreement.

If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.A.2 Contractor Responsibilities

III.A.2(a) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.A.2(b) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents…