RFP_140G0122R0012_Sections_B-M_Final_Open_Market.pdf

Solicitation 140G0122R0012 EROS Construction Services: Generator Upgrades Page 5 of 72

SECTION B – SUPPLIES, SERVICES AND PRICES

B.1 Purpose

The purpose of this contract is to obtain Construction Services: Generator Upgrades for the U.S. Geological Survey

(USGS) Earth Resources Observation Science (EROS) Center in Sioux Falls, South Dakota.

B.2 Contract Type and Services

This is a Firm-Fixed Price contract. The USGS will issue a Firm Fixed Price (FFP) contract for the EROS Construction

Services: Generator Upgrades.

B.3 Pricing

Provide a Discounted Firm Fixed Price for the EROS Construction Services: Generator Upgrades rendered on the Open

Market under NAICS Code: 236220 Commercial and Institutional Building.

END OF SECTION B

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SECTION C -- DESCRIPTIONS AND SPECIFICATIONS – STATEMENT OF WORK

U.S. Geological Survey (USGS) EROS Construction Services: Generator Upgrades

The Department of Interior, USGS/Earth Resources Observation and Science (EROS) Center, Sioux

Falls, South Dakota is seeking a ‘turn-key’ solution to provide emission system upgrade, installation, and testing to three (3) site generators to bring them into compliance with their applicable air quality permit.

The generators are located at the Mundt Federal Building, EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198.

I. BACKGROUND

Generators 1, 2 and 3 are the original generators installed at the site in 2005. The units are Cummins model DRGE (846 kW/1135 hp) diesel generators. A fourth generator installed at the site in 2019 is not included in this work.

Generators 1-3 are permitted by the South Dakota Department of Environment and Natural Resources

(SD DENR) as specified by their Minor Air Quality Permit #28.000061. The permit and Statement of

Basis are included as attachment A.

It was discovered in 2020 that Generators 1-3 were not in compliance for carbon monoxide (CO) emissions limits as specified by the air quality permit. Emissions testing of Generators 1 and 2 was conducted on July 21, 2020 and CO readings exceeded 1200 parts per million (ppm) for both generators

(Appendix B). The permit limit for CO is 23 ppm. Due to consistent and similar failures for CO readings for generators 1 and 2 and the identical construction of all three generators, it was decided not to complete the testing for generator 3.

II. SCOPE OF WORK

A. Project Scope/Objectives: The project objectives of the USGS are as follows:

1. This Statement of Work will involve layout services, travel, meetings as needed, to furnish and install (3) critical grade silencers with catalyst combination housing with removeable catalyst located in the generator building area located at the Mundt Federal Building.

2. Supply and install pressure and differential monitoring panels inclusive with electrical costs for conduit and wiring for monitor panels, provide and install muffler and exhaust insulation wrap, provide and install all physical support structure(s) for the work and final installation, and provide a spare catalyst. Comply with Raycor fuel canisters disposal rules.

3. After successful install, provide air quality permit compliance testing for emissions systems on Generators 1, 2, 3 to bring them into compliance with SD DENR Minor Air Quality

#28.000061. The information shall be entered into the record drawings and placed in the electronic library of drawings at EROS.

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B. General

1. Recycled Materials: Coordinate the safe disposal of excess materials, waste and metals removed from the EROS worksite. Provide documentation accounting (by weight) for all materials disposed of, recycled, or re-used (if applicable).

2. Utility Shutdowns: The Contractor shall be responsible for determining the need for an outage of any utility system in order to perform the required work. The USGS has a mandatory requirement to obtain approval for utility shutdowns at least 48 hours in advance. Consider these shutdowns for planning and phasing purposes.

3. Code Compliance: All work shall comply with all current governing specifications, including, NFPA 101 Life Safety Code, NFPA 70, Federal, State, and local building codes.

4. Approvals: Contractor shall submit drawings and specifications that identify

Manufacturer, Specifications, Installation Practices and/or Requirements to the

Contracting Officer Representative (COR) for approval prior to Commencing Work. The

Contractor shall submit the "Product Submittals" to the COR for approval within ten (10) calendar days after receipt of the notice to proceed. For submittals that are not known at time of award, these product submittals shall be submitted to the COR throughout the performance period as required in order to have all work completed by the defined period of performance end date. Contractor shall provide submittals and give a reasonable timeframe for the Government to review and respond to submittals and still allow the contractor to carry out the deliverables of the Purchase Order.

The contractor shall electronically provide submittals of all proposed shop drawings, stamped structural and mechanical drawings and specifications, construction supplies, hardware and devices to the COR for approval. For catalog cuts, illustrations, printed specifications, or other data submitted applicable items such as model numbers, sizes, and accessories shall be indicated by arrows or highlights. The COR has 5 business days to review and respond to the contractor. The contractor may not dispute the period of performance due to failure to provide submittals early in the project to ensure the COR has the minimum

5 business days to approve or reject a proposed submittal.

If the government rejects a submittal the contractor shall have a revised submittal to the Government within 5 business days.

5. Site Visit: Only one site visit will be held. Under section Other Requirements paragraph B, contractor will be responsible to visit the site and verify measurements, repair requirements, and materials.

III. ADMINISTRATIVE PROCEDURES

A. After award and issuance of the Notice to Proceed, all post award site visits shall be coordinated through the COR. A copy of the COR’s authorized duties and responsibilities will be provided with the Notice-to-Proceed.

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B. All Contractor personnel, their sub-contractors and representatives visiting USGS sites will be required to have a valid government issued photo I.D. and sign in upon arrival. Each visiting individual will be required to enter their name, their company’s name, USGS project title, date, reason for the visit, and the times of arrival and departure. Additionally, all persons must wear a visitor’s badge at all times. Arrangements for after-normal-working-hour site visits must be made in advance and during normal working hours.

IV. MATERIAL TO BE PROVIDED TO THE CONTRACTOR BY THE USGS

A. The USGS shall provide the Contractor with copies of existing EROS record drawings after award of contract.

V. DELIVERABLES

A. Meeting Minutes: Take minutes of all conferences and other meetings with the USGS

(including site visits) and shall provide a copy to the COR for a concurrence signature.

B. Construction Schedule: The contractor shall submit in writing to the Contracting Officer's

Representatives (COR) a schedule of construction for the project within five (5) business days after award. The schedule shall indicate the dates of the periods of time that the contractor intends to be on site. The schedule shall indicate the dates that major components of the work will be accomplished. When preparing the schedule, the contractor shall consider lead times for utility outages and material/ equipment procurement. The Contractor shall notify the COR immediately if any anticipated on-site date is expected to change from the original schedule and provide the COR and CO an update schedule within 5 business days.

The contractor shall be responsible for determining the labor staffing levels needed to successfully complete the Purchase Order project by the established delivery date. If applicable, contractor shall coordinate work via the COR with any other contractor(s) that may be performing work on the USGS campus during the period of performance.

OTHER REQUIREMENTS:

A. The contractor shall be responsible for complying with all National, Federal, State and local laws, codes and regulations in connection with the execution of the work.

B. Contractor is responsible for visiting the worksite to verify measurements and to ascertain the nature and location of the work to be performed and the general and local conditions which can affect the work. Failure to do so will not relieve the contractor of his responsibility for estimating properly the difficulty or cost of successfully performing the work. Drawings furnished may not be to scale.

C. Any changes affecting the scope of work shall originate from or be approved by the Contracting

Officer.

D. All materials and workmanship shall be subject to the inspection and approval of the Contracting

Officer or the COR. All work unsatisfactorily performed shall be promptly corrected and made acceptable to the Government at no additional cost.

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E. Final inspection and acceptance shall be performed with the contractor, onsite by the COR upon completion of job performance.

LOCATION AND PERIOD OF PERFORMANCE

Delivery of Performance

A. Location of Work: EROS Data Center, Sioux Falls, South Dakota

B. Period of Performance: 180 Days after award

EMPLOYEES

The contractor shall be responsible at all times for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified work personnel shall be available for work on the date this purchase order begins and shall be maintained throughout the period of performance.

The contractor shall make certain that its employees do not disturb papers on or inside desks or cabinets and that they make no use of the telephones or office equipment which have been provided for

Government personnel in their defined capacity. At all times, the work under this contract shall be carried out in such a way that there is a minimum of interference with Government activities.

MATERIALS

The contractor shall furnish all supplies, materials, and equipment necessary for the performance of the work included in this contract unless otherwise specified. Materials and supplies to be used shall be commercially available products of reputable manufacturers or suppliers and shall be of a quality to conform with applicable Federal Specifications.

SPECIFICATIONS

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the

Contracting Officer, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. Any changes affecting the scope of the work shall originate from and be approved by the Contracting Officer.

SCHEDULING CONTRACT WORK

The contractor shall make necessary arrangements with the Government COR to perform the work and shall arrange and schedule his work so that the minimum amount of interference with Government activities will result.

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USE OF BUILDING FACILITIES

The contractor may use utility services and toilet facilities of the buildings subject to approval of the

Contracting Officer or the COR.

The Government shall make all reasonably required amounts of utilities available as specified in the contract.

INDEMNITY

The contractor shall confine all work on Government premises to areas authorized or approved by the

Contracting Officer or the COR. The contractor shall save and keep harmless and indemnify the

Government against any and all liability claims, and costs of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from the negligent acts or omissions of the contractor.

CONDITIONS AFFECTING THE WORK

It will be the responsibility of the contractor to inspect the site, determine the quality of work involved, compare the specifications with the work to be done, and inform themselves as to all conditions, including other work, if any, being performed. Failure to do so will in no way relieve the successful contractor from the necessity of furnishing any materials or performing any work that may be required to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

The contractor is responsible for special dust protection in raised floor areas, protection of existing alarm systems, sprinklers, and coordinating with COR and building security when required.

ACCIDENT PREVENTION AND FIRE HAZARDS

The contractor shall take all necessary precautions to prevent fires or injury to the public, building occupant(s), or damage to property of others during the performance of this contract. For the purpose of this contract, the public or building occupant shall include all persons not employed by the contractor or a subcontractor working under his/her direction. If welding is required, a permit must be obtained from the

EROS security office prior to the work.

LICENSES-PERMITS

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits, and for complying with any Federal, State and Municipal laws, codes and regulations in connection with the execution of the work.

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FACILITY ACCESS

Prior to commencement, the contractor shall comply with the security clearance requirements in this contract for all management officials, supervisors, employees, and subcontractors (hereinafter referred to as contractor personnel) who will be working on the site or periodically visiting the site.

(a) For those contractor personnel who are granted a clearance, USGS will provide the contractor with the necessary building passes or entrance onto the EROS Data Center.

(b) The contractor and COR or his/her designee shall sign each pass issued for the contract. The contractor shall maintain a listing of all passes issued on this contract.

(c) The contractor personnel shall present themselves for the issuance of a photo identification pass when required by the government and as scheduled by the COR.

(d) The contractor shall ensure that their personnel understand the proper use of the building passes and the following requirements are met at all times.

(i) The contactor personnel shall each have a building pass before they begin work.

(ii) The contractor personnel shall carry their passes with them while performing on site and shall show them upon request. The COR or other security personnel will periodically verify passes of the employees with their personnel identification.

(iii) Building passes are issued to a specific individual and shall not be used by anyone other than that individual. If one of the contractor personnel uses the pass of another, both shall be removed.

(e) The government reserves the right to require the contractor personnel to “sign-in” upon ingress and “sign-out” upon egress to and from the site for safety and security reasons.

(f) All contractor personnel found to be unacceptable will not be allowed to perform any work under this contract.

Should contract personnel be found to be unacceptable due to past criminal history, that person will have the right to appeal their adjudication to the Federal Protective Service. However, personnel found to be unacceptable shall not be allowed to work under this contract until final appear ruling has been established, and the Federal Protective Service has changed the unacceptable status to acceptable.

All passes shall be returned to the COR as the management officials, supervisors, employees or subcontractors are dismissed or terminated, and when the contract expires. All passes will contain an expiration date.

END OF SECTION C

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SECTION D – PACKAKING AND MARKING

D.1 GS0501 Packaging and Marking - Commercial Practice July 2001

(a) Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with standard commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination.

(b) All containers shall be plainly marked on or adjacent to the exterior shipping label to show the contract number, task order number, description of contents, and contractor's name.

D.2 Delivery Addresses for Deliverables

The delivery address of any deliverables specified under this contract will be to:

USGS/EROS

Mundt Federal Building

47914 252nd Street

Sioux Falls, SD 57198

D.3 Product Delivery - Storage-Handling

The Contractor shall arrange for deliveries of all materials to be delivered directly to the point of installation.

The Contractor shall be responsible for receiving deliveries on site at USGS and shall reconcile bills of lading for deliveries of contractor-furnished materials for the contracted project. Government personnel will not be responsible for reconciling bills of lading for contractor-furnished materials delivered to the USGS for a Contractor. The Contractor shall furnish a Contractor point-of-contact to vendors for receipt of material deliveries. The Contractor shall not provide the names of Government personnel to vendors as the point-of-contact for deliveries. The Contractor shall be responsible for scheduling and tracking the deliveries of all contractor-furnished materials for the project.

END OF SECTION D

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SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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 address:

http://www.acquisition.gov/far/

Clause Title Date

52.236-5 Material and Workmanship April 1984

52.246-02 Inspection of Supplies--Fixed Price August 1996

52.246-04 Inspection of Services--Fixed-Price August 1996

52.246-12 Inspection of Construction August 1996

52.546-13 Inspection – Dismantling, Demolition, or Removal of

Improvements

August 1996

E.2 GS0701 INSPECTION -- SUPPLIES AND SERVICES JULY 2001

(a) The Inspection of Supplies clause incorporated above applies to the following contract line-item number(s):

Line item 00010

(b) The Inspection of Services clause incorporated above applies to the following contract line-item number(s):

Line item 00010

E.3 GS0715 PLACE OF INSPECTION JULY 2001

Government inspection of delivered items will be performed at destination by the COR or a Government authorized inspector.

E.4 FINAL INSPECTION AND ACCEPTANCE

Upon completion of the contracted work, the Contractor shall notify the COR. The COR will schedule an inspection of the work site and will perform the inspection at the site to determine if all work performed by the Contractor meets the requirements of the Statement of Work, Specifications and Drawings. The Contractor shall be present at the site during final inspection by the COR. The Date of Acceptance of the work by the Government will be determined by the

Government after the final inspection has been performed.

E.5 INSPECTION BY REGULATORY AUTHORITIES

(a) This project is subject to inspection by the following authorities:

USGS Contracting Officer's Representative (COR) or authorized designee

(b) During performance of the work stated herein, the COR or authorized designee will perform on-site progress inspections of the work. These inspections will occur at any time during the course of the contract, at the discretion of the

COR or authorized designee. Progress inspections will be performed by the COR or authorized designee to determine if the Contractor is making reasonable progress toward completing the work in order to meet the scheduled delivery date as

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(c) The Contractor shall notify the Contracting Officer when inspections take place. Written decision as to action to be taken as a result of inspections will be made in conjunction with the CO and COR.

E.6 GS0721 INSPECTION AND ACCEPTANCE PERIOD JULY 2001

(a) It is anticipated that inspection and acceptance shall be completed by USGS personnel within 7 days after delivery of all completed deliverables by the contractor, at which time the contractor will be informed of any deficiencies or of final payment approval.

(b) Accordingly, subparagraph (a)(5)(i) of the clause FAR 52.232-25, Prompt Payment, is hereby modified to increase the constructive acceptance period to 7 days. If the Government subsequently rejects the items, and repair or replacement cannot be effected within the contract delivery date, the contractor may request that the contract delivery date be extended one day for each day the Government required for inspection in excess of the above allotted inspection period.

END OF SECTION E

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SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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

52.211-13 Time Extensions September 2000

52.242-14 Suspension of Work April 1984

F.2 52.211-10 Commencement, Prosecution, and Completion of Work

April 1984

The Contractor shall be required to (a) commence work under this contract within 1 business days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days from date of award unless the other options are exercised. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.3 GS0905 PLACE OF PERFORMANCE JULY 2001

Services to be provided hereunder shall be performed at the following location(s):

US Geological Survey EROS

Mundt Federal Building

47914 252nd Street

Sioux Falls, SD 57198

F.4 GS0910 PERIOD OF PERFORMANCE JULY 2001

The period of performance of the resulting Contract will be date of award through six (6) months unless the additional options are exercised.

F.5 GS0916 PERIOD FOR EXERCISE OF OPTION TO EXTEND

SERVICES

JULY 2001

For the purposes described in FAR 37.111, the Government may exercise the option to extend the contract under the clause 52.217-8, Option to Extend Services, by written notice issued to the Contractor prior to the expiration of the initial contract period or any option period, including any previous extensions under this clause. When such date falls on the last day of a fiscal year, notification must be provided within 7 days after funds are appropriated and available for the new fiscal year.

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F.6 GS0919 LEGAL HOLIDAYS JANUARY 2002

The following legal holidays are observed by this Government agency:

New Year’s Day January 01

Martin Luther King’s Birthday 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Eve December 24

Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal

Statute, Executive Order, or Presidential Proclamation.

F.7 GS0924 UNSCHEDULED CLOSURES JULY 2001

(a) The USGS facility where contractor employees are working may occasionally have unscheduled closures in which federal employees are dismissed on administrative leave (such as for inclement weather, holiday early closings, power outages, or other emergencies). In these cases, the Contracting Officer or COR will advise the contractor whether any of the contractor's activities are considered critical and require continued performance. In most cases, the Contractor employees not performing critical tasks will not be allowed to remain in the facility after federal employees are dismissed.

(b) If the contractor opts to treat these nonproductive hours as paid leave, these hours are billable at the established contract rates. The total number of hours billed on such days may not exceed the number scheduled for affected employees and may not include overtime hours.

(c) Paragraph (b) does not apply, and nonproductive hours are not billable as direct hours worked where the contractor's accounting system normally treats leave of the type used as an indirect or fringe benefit pool expense.

F.8 GS0925 UNSCHEDULED CLOSURES - FIXED PRICE MARCH 2003

(a) The USGS facility where contractor employees are working may occasionally be closed temporarily and federal employees dismissed, such as for inclement weather, holiday early closings, power outages, or other emergencies. In these cases, the Contracting Officer or COR will advise the contractor whether any of the contractor's activities on

Government facilities are considered critical and require continued performance. In most cases, the Contractor will be required to dismiss employees at Government facilities who are performing noncritical tasks after federal employees are dismissed.

(b) If the unscheduled closure causes an increase in the cost of contract performance or if any contract term or condition is affected by the closure, the Contractor may request an adjustment pursuant to Clause FAR 52.242-17 Government Delay of Work.

(c) Contractor performance at locations that are not affected by the unscheduled closure will not be subject to this clause.

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F.9 TIME OF WORK PERFORMANCE

The Contractor shall perform the work during normal business hours Monday thru Friday, 7:30 am CT to 4:30 pm CT, except for legal holidays and as pre-authorized by COR. Any work required outside the normal business hours requires a fort- eight hour (48) written notice to the COR for approval in advance of working.

F.10 SCHEDULE OF CONSTRUCTION

Within two (2) weeks from the Notice to Proceed, the Contractor shall submit to the COR a written Schedule of

Construction for the project. The Schedule shall indicate the anticipated dates that the Contractor will be on site and when specific tasks/services under the scope are to be performed and completed by. When preparing the Schedule, the

Contractor shall consider lead times for material procurement, and any other factor affecting start/end times of component construction. The Contractor shall notify the COR immediately if any anticipated on-site date is expected to change from the original schedule and a revised schedule submitted. The Contractor shall be responsible for determining the labor staffing levels needed to complete the project by the established delivery date.

F.11 PRE-CONSTRUCTION MEETING

After Contract award, and prior to start of construction, the Contractor shall participate in a pre-construction meeting scheduled by the Contracting Officer's Representative (COR). The Contractor, at a minimum, shall have the project manager and field superintendent available on site for a pre-construction meeting, prior to the commencement of work for this contract. The meeting is normally scheduled by the COR within 5 days after contract award.

F.12 SUBMITTALS

The Contractor shall submit the "Product Submittals" to the COR for approval within ten (10) calendar days after receipt of the notice to proceed. For submittals that are not known at time of award, these product submittals shall be submitted to the COR throughout the performance period as required in order to have all work completed by the defined period of performance end date. Contractor shall provide submittals and give a reasonable timeframe for the Government to review and respond to submittals and still allow the contractor to carry out the deliverables of the Contract.

END OF SECTION F

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SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 GS1101 CONTRACT ADMINISTRATION OFFICE JULY 2001

(a) This contract will be administered by:

United States Geological Survey

Nicole Demby, Contracting Officer ndemby@usgs.gov, 703-648-7372

12201 Sunrise Valley Drive

Reston VA 20192

(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.

G.2 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting

Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause.

A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

mailto:ndemby@usgs.gov

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G.3 GS1125 SCHEDULE OF PRICES (CONSTRUCTION) JULY 2001

In accordance with the clause FAR 52.232-05, Payments under Fixed-Price Construction Contracts, the contractor shall, within 10 days after date of award, submit to the Contracting Officer for approval, a Schedule of Prices. This schedule shall consist of a detailed breakdown of the contract price, segregated under each of the significant construction categories. It shall state the quantities for each of the various types of work, the unit prices, and extended totals.

Subcontractors who may be involved in more than one category of work must provide the same breakout data for each category. The submission of the required data shall not otherwise affect the contract terms.

G.4 PAYROLLS

The Contractor is required to submit copies of all payrolls to the Contracting Officer weekly for each task underway. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors weekly. This information may be submitted in any form. The optional form (WH-347) may be used, see clause 52.222-8 under Section I.

G.5 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet

Payment Platform (IPP) (September 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment

Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Send a copy of the final invoice.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the original 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.

G.6 UNILATERAL DEOBLIGATION OF UNEXPENDED FUNDS MAY 2013

Contracting Officers may de-obligate unexpended balances with a unilateral administrative modification when all the following applies:

(a) The following clause is included in the award, either initially or subsequently by bilateral modification:

The contract shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the period of performance, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

(b) The Contracting Officer has contacted the cognizant program official to confirm that all work is complete and deliverables received and accepted.

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(c) The Contracting Officer has determined that the vendor has invoiced and been paid all amounts due under the award.

(d) All addition close procedures will be initiated as appropriate.

G.7 Technical Liaison-Technical Direction (Jul 2018)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action

(or fails to take action) or issues direction (written or oral) that the contractor considers exceeding the above limitations.

(d) The Technical Liaison assigned for this contract is:

TBD

(e) Only the Contracting Officer may designate a different Technical Liaison.

END OF SECTION G

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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

52.202-01 Definitions June 2020

H.2 GS0340 ENVIRONMENTALLY PREFERABLE

BUILDING PRODUCTS AND MATERIALS

MAY 2008

(a) The contractor shall use environmentally preferable products and materials where economically feasible.

Environmentally preferable products have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose.

(b) Refer to EPA's environmentally preferable products web site, www.epa.gov/opptintr/epp. In general, environmentally preferable products and materials do one or more of the following –

(1) Contain recycled material, are biobased, or have other positive environmental attributes;

(2) Minimize the consumption of resources, energy, or water;

(3) Prevent the creation of solid waste, air pollution, or water pollution;

(4) Promote the use of non-toxic substances and avoid toxic materials or processes.

(c) See FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, for related bio-based product requirements.

(d) See FAR 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts, for related recycled content requirements.

(e) If this contract includes janitorial services, the contractor specifically must -

(1) use the following recycled content products - towels, tissue products, and plastic trash can liners, and

(2) use biobased and/or environmentally preferable cleaning products.

H.3 GS0342 HAZARDOUS MATERIAL IDENTIFICATION MAY 2008

(a) In accordance with clause FAR 52.223-3, Hazardous Material Identification and Material Safety Data, Alternate I, the contractor shall provide Materials Safety Data Sheets (MSDS) for the following products prior to their use under this contract: adhesives, caulking, sealants, insulating materials, fireproofing or fire-stopping materials, paints, carpets, floor and wall patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides.

(b) The Government reserves the right to review such products at any time. The Contracting Officer may eliminate from permitted use under this contract products with significant quantities of toxic, flammable, corrosive or carcinogenic material and products with potential for harmful chemical emissions.

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H.4 GS0343 ENERGY EFFICIENT PRODUCTS MAY 2008

(a) When acquiring energy-using products, the contractor shall purchase ENERGY STAR® or other energy-efficient items listed on the Department of Energy’s Federal Energy Management Program (FEMP) Product Energy Efficiency

Recommendations product list. This clause applies to any power-consuming equipment to be installed or used in USGS facilities, whether title to the equipment will pass to the Government or be retained by the Contractor.

(b) For products that consume power in a standby mode (as listed on FEMP’s Standby Power Devices product listing), the contractor shall -

1) Purchase items which meet FEMP’s standby power wattage recommendation or document the reason for not purchasing such items; or

(2) If FEMP has listed a product without a corresponding wattage recommendation, purchase items which use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one watt requirement, purchase items with the lowest standby wattage practicable.

(c) The requirements of this clause do not apply if (1) no compliant product’s utility and performance can meet the contractor’s need or contract specifications, (2) compliance would not be life-cycle cost-effective, or (3) compliant solutions are otherwise not available.

(d) Information is available via the Internet about - ENERGY STAR® at http://www.energystar.gov/; and

FEMP at http://www.eere.energy.gov/femp/procurement.

H.5 GS0346 CONSTRUCTION WASTE MANAGEMENT MAY 2008

(a) Items and material existing in the space or to be removed from the space during the demolition phase are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse must be in refurbishable condition, and must meet the quality standards set forth by the

Government in this solicitation/contract. In the absence of definitive quality standards, the contractor is to ensure that the quality of the item(s) in question will meet or exceed accepted industry or trade standards for first quality commercial grade applications. Before use, the contractor shall submit a reuse plan to the Contracting Officer. The Government will not pay for existing fixtures and other existing improvements accepted in place.

(b) Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials from the assemblies of which they form a part.

(c) The Offeror shall maintain a recycling program to dispose of or recycle construction waste in compliance with this clause. The program must cover the following requirements.

(1) The contractor will provide continuous facilities for the recycling of incidental construction waste during initial construction.

(2) Products may be excluded from the recycling program when the small quantity of material involved, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship.

(3) Records of construction materials recycled shall be maintained and accessible to the Contracting Officer.

Records shall include materials recycled or landfilled, quantity, date, and identification of hazardous wastes.

http://www.eere.energy.gov/femp/procurement

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(d) As a minimum, the contractor will recycle lighting and associated support system, carpet and carpet pad, hardware, drywall, and electrical components during both the demolition and construction phases of the project, subject to economic evaluation and feasibility.

(e) If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, PCBs (such as fluorescent lamp ballasts), or other harmful substances, they are to be handled and removed in accordance with State and Federal laws and requirements concerning hazardous waste.

(f) The requirements of paragraphs (b) through (d) of this clause do not apply when no construction recycling and salvage operation is reasonably available in the locality where work is to be performed.

H.6 GS0347 INDOOR AIR QUALITY DURING

CONSTRUCTION

(a) Items and material existing in the space or to be removed from the space during the demolition phase are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse must be in refurbishable condition, and must meet the quality standards set forth by the

Government in this solicitation/contract. In the absence of definitive quality standards, the contractor is to ensure that the quality of the item(s) in question will meet or exceed accepted industry or trade standards for first quality commercial grade applications. Before use, the contractor shall submit a reuse plan to the Contracting Officer. The Government will not pay for existing fixtures and other existing improvements accepted in place.

(b) Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials from the assemblies of which they form a part.

(c) The Offeror shall maintain a recycling program to dispose of or recycle construction waste in compliance with this clause. The program must cover the following requirements.

(1) The contractor will provide continuous facilities for the recycling of incidental construction waste during initial construction.

(2) Products may be excluded from the recycling program when the small quantity of material involved, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship.

(3) Records of construction materials recycled shall be maintained and accessible to the Contracting Officer.

Records shall include materials recycled or landfilled, quantity, date, and identification of hazardous wastes.

(d) As a minimum, the contractor will recycle lighting and associated support system, carpet and carpet pad, hardware, drywall, and electrical components during both the demolition and construction phases of the project, subject to economic evaluation and feasibility.

(e) If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, PCBs (such as fluorescent lamp ballasts), or other harmful substances, they are to be handled and removed in accordance with State and Federal laws and requirements concerning hazardous waste.

(f) The requirements of paragraphs (b) through (d) of this clause do not apply when no construction recycling and salvage operation is reasonably available in the locality where work is to be performed.

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H.7 GS0348 ENVIRONMENTAL REQUIREMENTS -

SELECTED CONSTRUCTION MATERIALS

(a) Asbestos

No asbestos-containing fireproofing or insulation on building structures, acoustical treatment, molded or wet-applied ceiling or wall finishes/decorations, or pipe and boiler insulation (including duct, tank, etc.) will be permitted in new materials provided by the contractor under this contract.

(b) Lighting: Interior and Parking

(1) Modern diffused, fluorescent fixtures using solid state octron ballasts with energy efficient lamps (T-8 or better) and electronic ballasts shall be provided if new fixtures are to be used. Fixtures shall be capable of producing and maintaining a uniform lighting level of 50-foot candles at working surface height throughout the space. In addition, restroom lighting shall be 30 foot candles measured at counter height and 20 foot-candles measured at the floor in enclosed corridors.

(2) Exterior parking areas, vehicle driveways, pedestrian walkways and building perimeter shall have a minimum of 1 foot-candle measured at the ground of illumination and be designed based on Illumination Engineering

Society standards. Exterior lighting and indoor parking shall be sufficient to accommodate security monitoring

(i.e., closed circuit television camera). Indoors parking shall have a minimum of 10 foot-candles measured at the floor and be designed based on Illumination Engineering Society standards.

(3) The contractor shall provide occupancy sensors and/or scheduling controls through building automation system to reduce the hours the lights are on when the space is unoccupied. Daylight dimming controls shall be used in atriums or other space where daylight can contribute to energy savings.

(4) Lighting shall be controlled by occupancy sensors arranged to control open areas, individual offices, conference rooms, toilet rooms, and all other programmed spaces or rooms within the facility to be constructed, remodeled, or maintained hereunder. The control system shall provide an optimal mix of infrared and ultrasonic sensors suitable for the configuration and type of space.