Sol_P16PS01008.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)

0040270969

NPS, MWR - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

Nicholas M Murray

601 Riverfront Dr. Omaha, NE 68102 402-661-1698 nicholas_m_murray@nps.gov

Nicholas Murray 402-661-1698

1x 05/11/2016

P16PS01008

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

This is a Request for Proposal (RFP) to construct a GEOTHERMAL HEATPUMP SYSTEM at

HOMESTEAD NATIONAL MONUMENT OF AMERICA, Beatrice, NE

The work includes the construction of a geothermal well field, installation of piping from the well field to the mechanical room inside the Heritage Center, and all pertinent improvements inside the mechanical room including but not limited to removals and replacement of air handling units, controls, humidification equipment, etc.

This procurement is 100% Small Business set-aside and is open to all responsible

Small Business sources.

Type of Contract: Firm Fixed Price

NAICS: 238220 (Plumbing, Heating, and Air-Conditioning Contractors). The small business standard is $15 M. In accordance with FAR 36.204(d) the Project Magnitude is between $250,000 and $500,000. One (1) firm-fixed price contract will be awarded on a best value basis.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

06/27/2016

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

NPS, MWR - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

Diana Vanderzanden

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 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01008

Contract Period of Performance: Estimated at 90 days

SITE VISIT: A site visit prior to quote submission is strongly encouraged. The site visit is attentively scheduled for Thursday, May 19, 2016 at 10am CST.

The Government will award one 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.

Required Bonds: The project is subject to the

Davis-Bacon Act. Bonds will be required as follows: Bid Guarantee 20% of the contract price.

Performance and Payment bonds - 100% of the contract price. Insurance will be required for this project.

Required quote submission documents:

1.Signed Standard Form 1442

2.Section B, Schedule Item Pricing sheet along with itemized breakdown of all costs.

3.All vendor completed sections within the solicitation document.

Please be advised that this requirement may be delayed, cancelled, or revised at any time during the process based on decisions related to the

Department of Interior (DOI) and National Park

Service (NPS).

Legacy Doc #: NPS

Delivery: 11/30/2016

Delivery Location Code: 0009060412

National Park Service, MWRO

601 Riverfront Drive

Omaha NE 68102 US

FOB: Destination

00010 Heritage Center Geothermal Heat Pump System

Period of Performance: 09/06/2016 to 11/30/2016

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01008

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

Sponsored by GSA

FAR (48 CFR) 53.110

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 1 of 36

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking

NO CLAUSES INCLUDED

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996) Interim and Final Inspections:

F - Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000)

G - Contract Administration Data Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013)

H - Special Contract Requirements I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015) (DEVIATION) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (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 Requirements 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. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014) 52.222-37 -- Employment Reports on Veterans (Feb 2016) 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) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(MAY 2008)

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 2 of 36

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-10 -- Notice of Buy American Requirement—Construction Materials 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 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) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) –Alternate I .21 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.251-1 Government Supply Sources. (APR 2012) 52.252-6 Authorized Deviations in Clauses (1984) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.204-70 Release of Claims – Department of the Interior. (JUL 1996) 1452.228-70 Liability Insurance – Department of the Interior (JUL 1996)

J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders

52.204-8 Annual Representations and Certifications. (DEC 2014) 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-4 Recovered Material Certification. (MAY 2008) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) 52.236-28 Preparation of Proposals - Construction. (OCT 1997)

L - Instructions, Conditions, and Notices to Bidders 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.204-7 System for Award Management. (JUL 2013)

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 3 of 36

52.204-16 Commercial and Government Entity Code Reporting. (JUL 2015) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) 52.216-1 Type of Contract. (APR 1984) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.233-2 Service of Protest. (SEP 2006) 52.236-27 Site Visit (Construction) (FEB 1995) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)..31

M - Evaluation Factors for Award

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 4 of 36

A - Solicitation/Contract Form This requirement has been set aside for total small business competition in accordance with FAR 52.219-6 – Notice of Total Small Business Set-Aside.

The contracting point/buyer for contact is nicholas_m_murray@ nps.gov or 402-661-1698.

Site Visit: A site visit prior to quote submission is strongly encouraged. The site visit is attentively scheduled for Thursday May 19, 2016 at 10am CST.

All questions shall be submitted to nicholas_m_murray@nps.gov no later than 2:00 PM CST, Friday, May 27, 2016.

General Information: In accordance with FAR 36.204(c) the Project Magnitude is between $100,000 and $250,000. One (1) firm-fixed price contract will be awarded on a best value basis.

Type of Contract: Firm Fixed Price

Required quote submission documents:

1. Signed Standard Form 1442

2. Section B, Schedule Item Pricing sheet along with itemized breakdown of all costs.

3. All vendor completed sections within the solicitation document.

4. All bonds

Please be advised that this requirement may be delayed, cancelled, or revised at any time during the process based on decisions related to the Department of Interior (DOI) and National Park Service (NPS).

mailto:nicholas_m_murray@nps.gov

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 5 of 36

B - Supplies or Services/Prices

SCHEDULE

Each proposed item shall include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each proposed 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. In addition to completing the lump sum price proposal below, the offeror shall attach a complete price breakout detailing all unit costs for labor, supervision, material and equipment. The offeror may use their own format.

ITEM DESCRIPTION QUANTITY UNIT PRICE

00010 ITEM 1: Plumbing Systems 1 Job $___________ (firm fixed price – no economic price adjustments)

ITEM 2: HVAC 1 Job $___________ (firm fixed price – no economic price adjustments)

ITEM 3: Electrical 1 Job $___________ (firm fixed price – no economic price adjustments)

ITEM 4: Selective Building Demolition 1 Job $___________ (firm fixed price – no economic price adjustments)

ITEM 5: Site Preparation 1 Job $___________ (firm fixed price – no economic price adjustments)

ITEM 6: Site Mechanical Utilities 1 Job $___________ (firm fixed price – no economic price adjustments)

TOTAL LUMP SUM PRICE $___________

- END OF SCHEDULE –

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 6 of 36

C - Description/Specifications

1.1 SUMMARY

A. This Section includes the following:

1. Work covered by the Contract Documents.

2. Contractor use of premises.

3. Public use of site.

4. Occupancy requirements for buildings.

5. Work Restrictions.

1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. Project Location: Homestead National Monument of America, 8523 West State Hwy 4, Beatrice, NE 68310

B. The Work consists of the following:

1. The Work includes the construction of a geothermal well field, installation of piping from the well field to the mechanical room inside the Heritage Center, and all pertinent improvements inside the mechanical room including but not limited to removals and replacement of air handling units, controls, humidification equipment, etc.

C. Project will be constructed under a single prime contract.

1.3 CONTRACTOR USE OF SITE

A. General: Contractor shall have limited use of the site for construction operations during the construction period. Contractor's use of the site is limited by the Government's right to perform work or to retain other contractors on portions of Project. The Heritage Center will be open to the public throughout the construction period. The Contractor's operations shall not hamper the public's access to the facility.

B. Storage of Materials: Confine storage of materials to the on-site area designated by the Contracting Officer.

C. Preservation of Natural Features:

1. Prevent damage to natural surroundings. Restore damaged areas, repairing or replacing damaged trees and plants, at no additional expense to the Government.

2. Provide temporary barriers to protect existing trees and plants and root zones.

3. Do not remove, injure, or destroy trees or other plants without prior approval. Consult with Contracting Officer and remove agreed-on roots and branches that interfere with construction.

4. Do not fasten ropes, cables, or guys to existing trees.

5. Carefully supervise excavating, grading, filling, and other construction operations near trees to prevent damage.

6. Provide safety to visitors and show respect to visitors.

D. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Government, Government's employees, and emergency vehicles at all times. Do not use these

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 7 of 36 areas for parking or storage of materials.

1. Schedule deliveries to minimize use of driveways and entrances.

2. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

E. Construction Camp: Establishment of a camp within the park will not be permitted.

F. Hauling Restrictions: Comply with all legal load restrictions in the hauling of materials. Load restrictions on park roads are identical to the state load restrictions with such additional regulations as may be imposed by the Park Superintendent. Information regarding rules and regulations for vehicular traffic on park roads may be obtained from the Office of the Park Superintendent. A special permit will not relieve Contractor of liability for damage which may result from moving of equipment.

1.4 PUBLIC USE OF SITE

A. Contractor shall at all times conduct his operations to ensure the least inconvenience to the public. Building closures will not be permitted. Coordinate complex deliveries and/or construction activities that may impact the public’s use and/or access of the Heritage Center with the Contracting Officer.

1.5 OCCUPANCY REQUIRMENTS FOR BUILIDINGS

A. Existing Buildings

1. Full Government Occupancy: Government will occupy buildings that will be under construction during the entire contract period. Cooperate with Government during construction operations to minimize conflicts and facilitate Government usage. Perform the Work so as not to interfere with Government's day-to-day operations. Maintain existing exits, unless otherwise indicated.

a. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from the CO.

b. Maintain existing building in a weather tight condition throughout construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period.

1.6 CONDUCT OF OPERATIONS

A. At all times the contractor shall conduct his operations in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and applicable park rules and regulations prescribed by the Park Superintendent.

B. Work on Saturdays, Sundays, Federal holidays or at night may not be performed without prior consent from the Contracting Officer. Submit requests 48 hours in advance of the work to the Contracting Officer for approval.

C. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park unless approved by the Contracting Officer.

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 8 of 36

1.7 WORK RESTRICTIONS

A. On-Site Work Hours: Work shall be generally performed during normal business working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except when otherwise indicated.

1. Weekend Hours: coordinate weekend hours with Contracting Officer.

B. Existing Utilities

1. Existing Utilities: Notify Contracting Officer and utility companies of proposed locations and times for excavation.

2. Contractor shall be responsible for locating and preventing damage to known utilities.

If damage occurs, repair utility at no additional expense to the Government.

3. If damage occurs to an unknown utility, repair utility. An equitable adjustment will be made in accordance with the Changes clause of the contract.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Government or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated:

1. Notify Contracting Officer not less than two days in advance of proposed utility interruptions.

2. Do not proceed with utility interruptions without Contracting Officer’s written permission.

3. Hours for Utility Shutdowns: coordinate any utility outages with the Contracting Officer not less than 48 hours prior to the needed outage.

D. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor air intakes.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used

(End of Statement of Work)

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 9 of 36

D - Packaging and Marking

NO CLAUSES INCLUDED

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

Interim and Final Inspections:

1. Prior to covering, enclosing, or hiding any type of work, the contractor shall contact the Contracting Officer’s Representative to perform an interim inspection. Failure to contact the COR to perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative, requesting a final inspection in writing to the Contracting Officer. The final inspection shall normally be requested a minimum of three (3) working days before the desired inspection date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be on-site with the Contractor, the Contracting Officer’s Representative and the Contrast Specialist/Contracting Officer (when possible).

F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ninety (90) after the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $222.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

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INCORPORATED BY REFERENCE

G - Contract Administration Data

Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013)

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: http://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s Invoice, along with any other supporting documentation as stipulated by the Contracting Officer.

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 SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 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 Clause)

SUBMITTALS

1. If required, submittals shall be submitted within ten (10) calendar days after award. This shall include, but not limited to, manufacturer’s instructions, drawings, and samples.

2. An electronic copy of the submittal and supporting documents shall be submitted via e-mail to the Contracting Specialist when possible. If the files are too large the contractor shall deliver the submittals via an alternate method of their preference, ensuring delivery within the 10 day time frame.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 11 of 36

H - Special Contract Requirements

NO CLAUSES INCLUDED

I - Contract Clauses

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/?q=browsefar or http://farsite.hill.af.mil

(End of clause)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

INCORPORATED BY REFERENCE

52.203-7 Anti-Kickback Procedures. (MAY 2014)

INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

INCORPORATED BY REFERENCE

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015) (DEVIATION)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 12 of 36

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of Clause)

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $73.80 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

(a) Definitions. As used in this clause-

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Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract;

and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

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(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 238220 (Commercial and Institutional Building Construction) assigned to the subject contract. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-3 Convict Labor. (JUN 2003)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.222-7 Withholding of Funds. (MAY 2014)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.222-9 Apprentices and Trainees. (JUL 2005)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

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52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations.

(MAY 2014)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.222-15 Certification of Eligibility. (MAY 2014)

INCORPORATED BY REFERENCE

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

INCORPORATED BY REFERENCE

52.222-26 Equal Opportunity. (APR 2015)

INCORPORATED BY REFERENCE

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

INCORPORATED BY REFERENCE

52.222-35 Equal Opportunity for Veterans (Oct 2015)

INCORPORATED BY REFERENCE

52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)

INCORPORATED BY REFERENCE

52.222-37 -- Employment Reports on Veterans (Feb 2016)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

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

INCORPORATED BY REFERENCE

52.225-9 Buy American - 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;

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 17 of 36

(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: NONE

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

(i) The cost of domestic construction material would be unreasonable.

The cost of a particular domestic construction material subject to the requirements of the Buy American 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-

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(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.

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE

COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)

52.225-10 -- Notice of Buy American Requirement—Construction Materials

(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--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 statute 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 statute 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 statute, 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.

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(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)

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

INCORPORATED BY REFERENCE

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

INCORPORATED BY REFERENCE

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.232-23 Assignment of Claims. (MAY 2014)

INCORPORATED BY REFERENCE

52.232-27 Prompt payment for construction contracts. (MAY 2014)

P16PS01008 Geothermal Heat Pump Sys(Construction)-HOME Page 21 of 36

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

INCORPORATED BY REFERENCE

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.233-1 Disputes. (MAY 2014)

INCORPORATED BY REFERENCE

52.233-3 Protest after Award. (AUG 1996)

INCORPORATED BY REFERENCE

52.233-4 Applicable Law for Breach of Contract…