Amendment_No._0001.pdf

(x)

R15PS00030

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Billings MT 59107

R60

PO Box 36900 Regional Office Great Plains Region Bureau of Reclamation

01/15/20150001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/17/2014

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Project Title: Station Service Equipment Replacement, Kortes Powerplant, Kortes Unit, Pick-Sloan Missouri Basin Program, Wyoming

See attachment for changes incorporated by this amendment:

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Gerri Voto-Braun

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Amendment No. 0001 Solicitation No. R15PS00030

Description of Changes:

1. In Section C – Specifications, Section 01 33 00 – Submittals, remove pages 01 33 00 – 7 through 01

33 00 – 14 and substitute therefor the attached revised pages 01 33 00 – 7 through 01 33 00 – 14.

2. In Section I – Contract Clauses, remove pages I-3 through I-32 and substitute therefor the attached revised and new pages I-3 through I-34.

3. In Section J – List of Documents, Exhibits and Other Attachments, remove General Decision

WY140037 dated January 3, 2014 and substitute therefor the attached new General Decision WY150037 dated January 2, 2015.

4. Remove Section K – Representations, Certifications and Other Statements of Offers in its entirety and substitute therefor the attached revised Section K.

5. In Section L – Instructions, Conditions and Notices to Offerors, remove page L-17 and L-18 and substitute therefor the attached revised page L-17 and L-18.

Receipt of Proposals: The hour and date for receipt of proposals is hereby extended to 4:00 PM on February 11, 2015.

The following contractors were in attendance at the organized site visit, which took place on January 6, 2015:

Brett Harrison Inglett & Stubbs 404-591-2100 Mike Crone Electrical Corporation of America 816-737-3206 Zachary Rieker Yellowstone Electric Co. 406-860-2215

Additional Site Visit - The Government will allow a second organized site visit on January 27, 2015 at 11:00 AM. Those interested in attending shall contact Alex Ticknor at 307-261-5932.

Attendees are required to provide and wear safety boots and hard hats.

Kortes Powerplant Amendment No. 0001 Station Service Equipment Replacement

Submittals

01 33 00 - 7 (Revised)

Table 01 33 00A - List of Submittals *Submittal types: A – Action, I – Information **CO indicates Contracting Officer and COR indicates Contracting Officer’s Representative.

RSN

Clause or Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

1 Performance and Payment Bonds – Construction 52.228-15

Performance and Payment Bonds

Within 10 calendar days after award

A CO 1 0 0

2 Insurance-work on a Government Installation 52.228-05

1) Written certification that the required insurance has been obtained

2) Current certification of insurance for each subcontractor

Before commencing onsite work

A CO 1 0 0

3 Liability Insurance 1452.228-70

Acceptable Certificate of Liability Insurance

Prior to commencement of work under the contract

A CO 1 0 0

4 Equal Opportunity 52.222-26

Information required by Executive Order

112246 (SF-100)

Within 30 days following award

I CO 1 0 0

5 Reporting Executive Compensation and First Tier Subcontract Awards 52.204-10

Certification that executive compensation and subcontract awards were reported

Within 10 days of each report being submitted

I CO 1 0 0

6 Site Security

GP-7

Employee Information

Initially at least 21 days before beginning onsite work; at least 21 days before additional employees arrive on-site

A COR 0 1 0

7 Site Security

GP-7

Vehicle Information At least 21 days before beginning on-site work

A COR 0 1 0

8 Service Contract Reporting Requirements 52.204-14

Certification that annual report was filed

By October 31st of each year of contract performance

I COR 1 0 0

Kortes Powerplant Amendment No. 0001

01 33 00 - 8 (Revised)

Table 01 33 00A - List of Submittals

Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

9 Small Business Subcontracting Plan 52.219-09

Certification that the Individual Subcontracting Report was submitted to the Electronic Subcontracting Reporting System (eSRS)

Within 15 days of submission of the semi-annual reports (March 31 and September 30 of each year), if this requirement is applicable to the successful contractor

A CO 1 0 0

10 Labor Standards Data 52.222-11

1) List of subcontractors

2) Statement and acknowledgement Form (SF-1413) for each subcontract

Within 14 days after award of contract

A COR 1

11 Payrolls and Basic Records 52.222-08

Copies of all payrolls

Weekly for each week of contract performance

I COR 1 1 0

12 Schedules for Construction Contracts 52.236-15

Practicable schedule:

Blackline prints

Within 7 days after work commences on the contract or another period of time as determined by the CO

A COR 1 1 0

13 Schedules for Construction Contracts 52.236-15

Updated Schedule showing actual progress

Monthly or as directed by the

CO

A COR 1 1 0

14 Release of Claims 1452.204-70

Release of Claims (DI-137) against the Government

After completion of the work and prior to final payment

A CO 1 0 0

01 14 10-1 Use of Site Land Use and Landscape Rehabilitation Plan

At least 28 days before use of Government land

A COR 0 5 0

01 14 30-1 Outages Outage Request At least 21days before date of proposed outage

A COR 0 5 0

01 31 22-1 Coordination Meetings

Preconstruction Meeting Notification

Within 35 days after Notice to Proceed

I COR 0 1 1

01 35 10-1 Safety Data Sheets

Complete LHM and

SDS

At least 14 days before jobsite delivery of hazardous material

A COR 0 3 0

01 35 10-2 Safety Data Sheets

Updated LHM and

SDS

At least 14 days before jobsite delivery of hazardous material not previously listed

A COR 0 3 0

01 35 20-1 Safety and Health

Safety and Health Program

At least 14 days before commencing onsite work

A COR 0 5 0

Kortes Powerplant Amendment No. 0001

01 33 00 - 9 (Revised)

Table 01 33 00A - List of Submittals

Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

01 35 20-2 Safety and Health

Exposure Assessment Sample Data

Within 24 hours of receipt from the lab

I COR 0 5 0

01 35 20-3 Safety and Health

Proof of Medical Clearances

At least 14 days before onsite work

I COR 0 3 0

01 35 20-4 Safety and Health

Monthly Accident Summary Report

First day of every month while onsite work

I COR 0 5 0

01 35 30-1 Contractor’s Onsite Safety Personnel

Qualifications At least 28 days before site mobilization

I COR 0 5 0

01 35 30-2 Contractor’s Onsite Safety Personnel

CIH Inspections Reports

Every month within 7 days of the inspection

I COR 0 5 0

01 35 30-3 Contractor’s Onsite Safety Personnel

Safety Inspection Reports

First day of every month while onsite work

I COR 0 5 0

01 51 00-1 Temporary Utilities

Plan for Temporary Power and Protection

At least 28 days before commencing on-site work

A COR 0 5 1

01 54 20-1 Use of Government Crane

Crane Use Schedule 7 days prior to requested use date

I COR 0 5 0

01 54 20-2 Use of Government Crane

Critical Lift Plan At least 7 days before proposed lift

A COR 0 5 0

01 56 10-1 Protection of Existing Installations

Protection Plan At least 21 days before performing related work

A COR 0 5 0

01 74 00-1 Cleaning and Waste Management

Waste Production and Disposal Records

Within 7 days of waste disposal

I COR 0 5 0

01 74 00-2 Cleaning and Waste Management

Hazardous Wastes Manifest

Within 7 days of hazardous waste disposal

I COR 0 5 0

01 74 00-3 Cleaning and Waste Management

Environmental Consultant Resume

At least 28 days before beginning environmental assessment

I COR 0 3 0

01 74 00-4 Cleaning and Waste Management

Environmental Site Assessment

Within 14 days of completion of work

I COR 0 3 0

02 82 20-1 Removal and Disposal of Asbestos Containing Materials

Contractor and Subcontractor’s Asbestos Abatement History

At least 42 days before asbestos removal starts

I COR 0 3 0

Kortes Powerplant Amendment No. 0001

01 33 00 - 10 (Revised)

Table 01 33 00A - List of Submittals

Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

02 82 20-2 Removal and Disposal of Asbestos Containing Materials

Resumes, Certificates, and Qualifications

At least 42 days before asbestos removal starts

I COR 0 3 0

02 82 20-3 Removal and Disposal of Asbestos Containing Materials

Asbestos Hazard Control Abatement and Clean Up Plan

At least 42 days before asbestos removal starts

A COR 0 5 0

02 82 20-4 Removal and Disposal of Asbestos Containing Materials

Asbestos and Silica Sampling Data

Within 2 days after tests completed

I COR 0 5 0

02 82 20-5 Removal and Disposal of Asbestos Containing Materials

Certificate of Disposal

Within 14 days after disposal I COR 0 5 0

02 83 33-1 Removal and Disposal of Equipment With Coatings Containing Heavy Metals

Resumes At least 14 days before beginning onsite work

I COR 0 3 0

02 83 33-2 Removal and Disposal of Equipment With Coatings Containing Heavy Metals

Written Compliance Program for Worker Protection

At least 28 days before beginning onsite work

A COR 0 5 0

02 83 33-3 Removal and Disposal of Equipment With Coatings Containing Heavy Metals

Plans At least 28 days before beginning onsite work

A COR 0 5 0

02 83 33-4 Removal and Disposal of Equipment With Coatings Containing Heavy Metals

Emission and Release Monitoring Plan

At least 28 days before beginning onsite work

A COR 0 5 0

Kortes Powerplant Amendment No. 0001

01 33 00 - 11 (Revised)

Table 01 33 00A - List of Submittals

Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

02 83 33-5 Removal and Disposal of Equipment With Coatings Containing Heavy Metals

Certificate of Disposal or Recycling Documentation

Within 14 days after disposal A COR 0 5 0

03 62 20-1 Nonshrink Grout

Approval Data At least 28 days before installation

A COR 0 5 0

03 62 20-2 Nonshrink Grout

Instructions At least 14 days before delivery to jobsite

I COR 0 5 0

03 81 10-1 Concrete Removal

Concrete Removal Plan

At least 28 days before removal

A COR 0 5 0

07 84 00-1 Firestopping Approval Data At least 28 days before installation

A COR 0 5 0

07 84 00-2 Firestopping Instructions At least 14 days before delivery to jobsite

I COR 0 5 0

26 04 00-1 Electrical Demolition and Removal

Removal and Installation Plan

At least 28 days before any installation or removal

A COR 0 5 1

26 05 10-1 Conductors and Cables

Approval Data At least 28 days before installation

A COR 0 5 1

26 05 10-2 Conductors and Cables

Test Reports Within 7 days of test completion

I COR 0 5 1

26 05 20-1 Grounding and Bonding

Test Reports Within 7 days of test completion

I COR 0 5 1

26 05 33-1 Electrical Conduit

Approval Drawings At least 7 days before installation

A COR 0 5 1

26 05 36-1 Cable Trays Approval Drawings At least 21 days before installation

A COR 0 5 1

26 05 36-2 Cable Trays Approval Data At least 28 days before installation

A COR 0 5 1

26 05 90-1 Wiring Checkout and Tests

Test Notification At least 14 days prior to the test

A COR 0 5 0

26 05 90-2 Wiring Checkout and Tests

Test Report Within 7 days of test completion

I COR 0 5 1

26 13 11-1 480-Volt Combination Switchgear/ Switchboard

Approval Drawings and Data in Manufacturer’s Format

At least 21 days before installation

A COR 0 5 1

26 13 11-2 480-Volt Combination Switchgear/ Switchboard

Approval Drawings in Government Format

At least 21 days before installation

A COR 0 5 1

Kortes Powerplant Amendment No. 0001

01 33 00 - 12 (Revised)

Table 01 33 00A - List of Submittals

Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

26 13 11-3 480-Volt Combination Switchgear/ Switchboard

Factory Test Report Within 7 days of test completion

I COR 0 5 1

26 13 11-4 480-Volt Combination Switchgear/ Switchboard

Field Test Reports Within 7 days of test completion

I COR 0 5 1

26 13 11-5 480-Volt Combination Switchgear/ Switchboard

Final Drawings Within 14 days of construction completion

I COR 0 5 1

26 13 11-6 48-Volt Combination Switchgear/ Switchboard

Operations and Maintenance Instruction Book

Within 21 days of construction completion

I COR 0 5 1

26 13 12-1 125 VDC

Distribution Switchboard

Approval Drawings and Data in Manufacturer’s Format

At least 28 days before installation

A COR 0 5 1

26 13 12-2 125 VDC

Distribution Switchboard

Approval Drawings in Government Format: (1) Two-line Diagram (2) Schematic Diagram

At least 28 days before installation

A COR 0 5 1

26 13 12-3 125 VDC

Distribution Switchboard

Approval Drawings in Government Format: (1)Wiring Diagrams

At least 28 days before installation

A COR 0 5 1

26 13 12-4 125 VDC

Distribution Switchboard

Factory Test Report At least 28 days before installation

A COR 0 5 1

26 13 12-5 125 VDC

Distribution Switchboard

Final Drawings Within 14 days of project completion

I COR 0 5 1

26 13 12-6 125 VDC

Distribution Switchboard

Operations and Maintenance Instruction Book

Within 21 days of construction completion

I COR 0 5 1

26 22 19-1 Control Power Transformers

Approval Data At least 28 days before installation

A COR 0 5 1

26 22 19-2 Control Power Transformers

Approval Drawings At least 21 days before installation

A COR 0 5 1

26 22 19-3 Control Power Transformers

Field Test Reports Within 7 days of test completion

I COR 0 5 1

Kortes Powerplant Amendment No. 0001

01 33 00 - 13 (Revised)

Table 01 33 00A - List of Submittals

Section

Title

Submittals Required

Due Date or Delivery Time

Type* Respon-sible Code

No. of sets to be sent to:**

CO COR TSC

26 24 24-1 Distribution Panelboards

Approval Data At least 28 days before installation

A COR 0 5 1

26 24 24-2 Distribution Panelboards

Approval Drawings in Government Format: (1)Three-line Diagram

At least 21 days before installation

A COR 0 5 1

26 24 24-3 Distribution Panelboards

Approval Drawings in Government Format: (1)Wiring Diagrams

At least 21 days before installation

A COR 0 5 1

26 24 24-4 Distribution Panelboards

Instruction Manual Within 21 days of construction completion

I COR 0 5 1

26 24 24-5 Distribution Panelboards

Final Drawings Within 14 days of project completion

I COR 0 5 1

26 25 00-1 Low-Voltage Busway

Approval Data At least 28 days before installation

A COR 0 5 1

26 25 00-2 Low-Voltage Busway

Approval Drawings At least 21 days before installation

A COR 0 5 1

26 25 00-3 Low-Voltage Busway

Test Reports Within 7 days of test completion

I COR 0 5 1

26 25 00-4 Low-Voltage Busway

Operations and Maintenance Instruction Books

Within 21 days of construction completion

I COR 0 5 1

26 27 00-1 Transformer- Load Centers

Approval Data At least 28 days before installation

A COR 0 5 1

26 27 00-2 Transformer- Load Centers

Approval Drawings Government Format:

Three-line Diagram

At least 21 days before installation

A COR 0 5 1

26 27 00-3 Transformer- Load Centers

Approval Drawings Government Format:

Wiring Diagrams

At least 21 days before installation

A COR 0 5 1

26 27 00-4 Transformer- Load Centers

Operations and Maintenance Instruction Books

Within 21 days of construction completion

I COR 0 5 1

26 27 00-5 Transformer- Load Centers

Final Drawings Within 14 days of construction completion

I COR 0 5 1

26 27 00-6 Transformer- Load Centers

Factory Test Reports Within 7 days of test completion

I COR 0 5 1

END OF SECTION

Kortes Powerplant Amendment No. 0001

01 33 00 - 14 (Revised)

This page intentionally left blank.

Station Service Equipment Replacement Amendment No. 0001

I-3 (Revised)

52.236-08 Other Contracts (Apr 1984) (DEVIATION) April 1984 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 A1 Accident Prevention - Alternate I November 1991 52.236-15 Schedules for Construction Contracts April 1984 52.236-21 A2 Specifications and Drawings for Construction - Alternate II April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.244-02 Subcontracts October 2010 52.244-06 Subcontracts for Commercial Items July 2014 52.245-01 Government Property April 2012 52.248-03 A1 Value Engineering-Construction – Alternate I April 1984 52.249-02 A1 Termination for Convenience of the Government (Fixed-Price)

- Alternate I September 1996

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-01 Computer Generated Forms January 1991

I.2 1452.203-70 RESTRICTION ON ENDORSEMENTS--DEPARTMENT OF THE INTERIOR JULY 1996

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

I.3 1452.204-70 RELEASE OF CLAIMS--DEPARTMENT OF THE INTERIOR JULY 1996

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

I.4 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

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

I.5 1452.228-70 LIABILITY INSURANCE -- DEPARTMENT OF THE INTERIOR JULY 1996

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

WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY

$100,000 minimum coverage

GENERAL LIABILITY

$500,000 per occurrence

Station Service Equipment Replacement Amendment No. 0001

I-4 (Revised)

AUTOMOBILE LIABILITY

$200,000 each person $500,000 each occurrence $20,000 property damage

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

I.6 52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCTOBER 1997

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.7 DELETED

I.8 52.225-09 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.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials

Station Service Equipment Replacement Amendment No. 0001

I-5 (Revised) purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) 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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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—

Station Service Equipment Replacement Amendment No. 0001

I-6 (Revised)

(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.

(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

Station Service Equipment Replacement Amendment No. 0001

I-7 (Revised)

I.9 52.228-01 BID GUARANTEE SEPTEMBER 1996

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

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

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

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

(c) The amount of the bid guarantee shall be 20% of the bid price or $3.0 Million, 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.

I.10 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION OCTOBER 2010

(a) Definitions. As used in this clause-

"Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by

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I-8 (Revised) other acceptable security such as postal money order, certified check, cashier 's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.11 52.232-05 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if—

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this

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I-9 (Revised) certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name) (Title) (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall—

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until—

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as—

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

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(h) Final payment. The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be—

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

I.12 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS MAY 2014

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments—

(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:

(i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

(A) The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14th day after the date of the Contractor’s payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

(ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been

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I-11 (Revised) accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract).

(A) The due date for making such payments is the later of the following two events:

(1) The 30th day after the designated billing office receives a proper invoice from the Contractor.

(2) The 30th day after Government acceptance of the work or services completed by the Contractor.

For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement.

(B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for work or services performed (including order number and contract line item number).

(iv) Description of work or services performed.

(v) Delivery and payment terms (e.g., discount for prompt payment terms).

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

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I-12 (Revised)

Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(xi) Any other information or documentation required by the contract.

(3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

(iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision.

These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR Part 1315.

(6) Additional…