RFP_140G0123R0025_Sections_B-M_Final_Open_Market.pdf

Solicitation 140G0123R0025 EROS Construction Services Page 5 of 66

SECTION B – SUPPLIES, SERVICES AND PRICES

B.1 Purpose

The purpose of this contract is to obtain Construction Services 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.

B.3 Pricing

Provide a Discounted Firm Fixed Price for the EROS Construction Services and the possible Optional Services 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

I. DESCRIPTION

The Department of Interior, USGS/Earth Resources Observation and Science (EROS) Center, Sioux Falls, South Dakota is seeking firms to furnish and install a replacement of a 300-ton Chilled Water Unit. The Contractor shall provide all labor, tools, equipment, hardware and consumables to furnish and to install a fully integrated and functional system. All work to be accomplished in the Mundt Federal Building located at the EROS Science Center, 47914 252nd Street, Sioux

Falls SD 57198. Work hours are Monday to Friday, 6:30am to 6:00pm. Weekend work may be authorized with a 48 hour notice.

The USGS/EROS expects a “turnkey” solution for this project. The Contractor shall furnish, fabricate, install, integrate, and test a complete and operational Chilled Water System including components, appurtenances, wiring, conduit, and accessories. All material shall be new and unused with the exception of re-used portions of the existing Chiller system.

II. BACKGROUND

The existing Chiller Plant on the 1973 side has one remaining York YT 300-ton system and one new York YMC2 chiller.

The chiller plant serves computer room 1 and approximately 120,000 sq ft of office building. The YT chiller is 25 years old and is in need of replacement. The YT chiller is rated at 300-ton 480 volt 3 phase, using R123 refrigerant. The YT chiller shall be removed from the EROS property by the installing contractor.

The replacement chiller shall be a 300-ton unit, using R134, shall use magnetic bearings, and operate at 79 Db or lower.

The chiller shall seamlessly integrate with the building automation system.

Evaporator: 720 GPM, 57°F Inlet, 44°F leaving, 6.6-foot pressure drop.

Condenser Water: 900 GPM, 85°F inlet, 94°F leaving, 12 foot pressure drop.

Chiller piping configuration should use existing sleaves in the flooring. The control panel should face the other chiller to allow the operator to stand in-between both chillers and operate and/or observe.

III. ADMINISTRATIVE PROCEDURES

A. Interested Contractors being able to meet the specifications can attend a site visit prior to bidding to ensure all piping, insulation, electrical will be provided for. Contractors will be shown the dock area and the doorway to move the old and new chiller in and out of. After award, the Contractor shall coordinate all site visits through the

COR .

B. All personnel, their sub-contractors and representatives visiting USGS sites will be required to 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 BY THE USGS

A. The USGS shall provide the Contractor with copies of existing EROS record drawings and other related material that is available.

V. MATERIALS

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General

1. All materials and equipment shall be listed, labeled or certified by a nationally recognized testing laboratory to meet Underwriters Laboratories, Inc. (UL) standards.

2. Manufacturer shall regularly and presently produce, as one of their principal products, the equipment and material specified for this project, and shall have manufactured the item for at least three years.

3. Materials and equipment furnished shall be of current production by manufacturers regularly engaged in manufacture of such items, for which replacement parts shall be available.

4. When more than one unit of the same class or type of equipment is required, such unit shall be the product of a single manufacturer. Components of an assembled unit need not be products of the same manufacturer.

5. Manufacturers of equipment assemblies, which include components made by others, shall assume complete responsibility for the final assembled unit.

6. Components shall be compatible with each other and with the total assembly for the intended service.

VI. INSTALLATION PERIOD SERVICES

A. Removal and Demolition.

B. Installation.

Installation shall be in accordance with NFPA 70, National Electric Code (NEC), OSHA Part 1910, and all

Federal, State, and Local requirements.

VII. POST INSTALLATION PERIOD SERVICES

A. Redlined drawings: Upon completion of construction, provide marked-up drawings of actual installation for use by EROS in producing record drawings.

B. Tests: After completion of the installation, the entire system shall be tested. The installation and method of testing shall be approved by the Government. The test report and/or certification shall be submitted to the

COR for approval.

C. Training: Upon completion of the installation, test, etc., the Contractor shall provide instruction in the operation of the system.

D. Manuals: Two (2) Operation, Instruction, and Maintenance Manuals shall be provided to the COR upon completion of installation.

VIII. DELIVERY LOCATION AND PERFORMANCE

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

B. Period of Performance: Date of Award through 365 Days

END OF STATEMENT OF WORK

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 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.3 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.4 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 set forth in the contract, and to ensure that the Contractor is performing the work in accordance with the technical requirements.

(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.

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E.5 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 365 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 one (1) year.

F.5 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

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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.6 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.7 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.

F.8 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.9 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.

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F.10 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.11 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 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.3 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.4 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.

mailto:ndemby@usgs.gov

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G.5 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. Occupancy sensors shall be located so that they have a clear view of the room or area they are monitoring. No more than 1,000 BOMA Usable Square Feet of open space shall be controlled by one occupancy sensor. All occupancy sensors shall have manual switches to override the light control with an adjustable timer to control the amount of time the lighting is manually activated. Such switches shall be located by door openings in accordance with the Americans With Disabilities Act Accessibility

Guidelines and the Uniform Federal Accessibility Standards.

(c) Potable Water Supply

Solder and flux in joining potable water supply piping shall not contain more than 0.2 percent lead and domestic water pipes or pipefittings shall not contain more than 8 percent lead. In addition, the contractor is to meet standards set forth in EPA's in "Drinking Water Standards for Schools, and Non-Residential Buildings", A

Publication 812-B-94-002, April 1994.

(d) Wood Products

(1) For all new installations of wood products, the contractor is encouraged to use independently certified forest products. For information on certification and certified wood products, see web sites for the Forest Stewardship

Council or the Certified Forest Products Council at www.fscus.org/ and www.certifiedwood.org/.

(2) New installations of wood products used under this contract must not contain wood from endangered wood species, as listed by the Convention on International Trade and Endangered Species (CITES). The list of species can be found at www.certifiedwood.org/Resources/CITES/ CITESContent.html.

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(3) Particle board, strawboard and plywood materials shall comply with HUD Standards for VOC emissions

(particleboard: 0.2 ppm of formaldehyde, plywood: 0.3 ppm of formaldehyde).

(e) Adhesives and Sealants

All adhesives employed on this project (including, but not limited to, adhesives for carpet, carpet tile, plastic laminate, wallcoverings, wood adhesive, or sealants) shall be those with the lowest possible Volatile Organic Compound (VOC) content below 20 g/L. and which meet the requirements of the manufacturer of the products adhered or involved. The contractor shall use adhesives and sealants with no formaldehyde or heavy metals.

(f) Insulation - Thermal, Acoustic, and HVAC

(1) All insulation products shall contain recovered materials as required by EPA's Comprehensive Procurement

Guideline and related recycled content recommendations.

(2) No insulation installed with this project shall be material manufactured using chlorofluorocarbons (CFCs), nor shall CFCs be used in the installation of the product.

(3) All insulation containing fibrous materials exposed to air flow must be rated for that exposure or encapsulated.

(4) Insulating properties for all materials must meet or exceed applicable industry standards. Polystyrene products shall meet ASTM C578-91.

(g) Floor Covering

All Floor covering must meet EPA and OSHA environmental health and safety requirements. In addition, the indoor air standard for 4-phenylcyclohexene (4-PC) appears as follows: to protect against induction of multiple chemical sensitivity

- .005PPB; to protect against acute irritant effects - 01.7 PPB. Testing will be required on the finished flooring to establish a product content standard for 4-PC that will assure compliance with the indoor air standard.

H.8

GS1306

PERFORMANCE AND PAYMENT BONDS MAY 2003

The offeror to whom award is made shall deliver good and sufficient performance and payment bonds (Standard Forms 25 and 25A) to the Contacting Officer, at the address shown in clause G1101 and via email, within 10 calendar days after receipt of award. Bonds must be furnished in the following amounts: Performance bond - 100% of the total contract amount, payment bonds - 100% of the total contract amount

H.9 GS1310 ORGANIZATIONAL CONFLICTS OF INTEREST--GENERAL JULY 2001

(a) The term "organizational conflict of interest" means a situation where a contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (i) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry's standpoint in that unfair competitive advantages may accrue to the contractor in question.

(b) The contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action which the contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

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(c) In the event that the contractor was aware of organizational conflict of interest prior to the award of this contract and failed to disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the

Government.

H.10 GS1330 KEY PERSONNEL JULY 2001

(a) The Contractor shall assign to this contract the following key personnel to the identified positions/functions:

Position/Function Name

(Offeror must fill in names of proposed key personnel, as presented in the technical proposal.)

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting

Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End Clause)

H.11 GS1348 ACCIDENT REPORTING APRIL 2003

If an accident occurs on Government-controlled facilities, a report must be provided to the Contracting Officer’s

Representative and the Contracting Officer within 48 hours. An accident is defined as an event which causes injury, illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing

Government accident investigation.

H.12 GS1354 LIST OF SUBCONTRACTORS (CONSTRUCTION) JULY 2001

For purposes of monitoring compliance with the insurance and payroll reporting requirements of this contract, the contractor shall furnish a listing of all subcontractors to the Contracting Officer within 5 calendar days from date of award.

(b) The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees. To minimize possible confusion, contractors and subcontractors are not permitted to wear clothing or other items (apart from official identity credential) bearing the name, logo, or seal of the

U.S. Geological Survey while performing work under this contract.

H.13 GS1364 Nonpersonal Services and Supervision of Contractor’s Employees (Sep 2017)

a. This contract is a “nonpersonal services contract” as defined in FAR 37.101. It is therefore, understood and agreed that the contractor and/or the contractor’s employees:

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(1) shall perform the services specified herein as independent contractors, not as employees of the government;

(2) shall request clarification in writing from the Contracting Officer if the Contractor finds it necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder;

(3) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

(4) shall be free from supervision, direction or control by any government employee with respect to the manner or method of performance of the services specified; but

(5) shall comply with such general direction of the Contracting Officer (or the duly authorized representative) pursuant to the government’s right and obligation to inspect, accept or reject the work as is necessary to ensure accomplishment of the contract objectives.

(6) shall not be at any time during the contract period employees of the U.S. Government.

b. The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees. To minimize possible confusion, contractors and subcontractors are not permitted to wear clothing or other items (apart from official identity credential) bearing the name, logo, or seal of the

U.S. Geological Survey while performing work under this contract.

c. (Applicable to contracts with individuals) The Government and the Contractor recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel.

Both parties agree to each of the following:

(1) Entitlement and benefits, including worker’s compensation, applicable to an employer-employee relationship do not apply;

(2) Payments by the Government under this contract will be reported to the IRS as payments to an independent contractor.

The contractor is responsible for making payments of estimated taxes, Federal Insurance Contributions Act (FICA) and

Medicare contributions, and other applicable federal, state and local taxes applicable to this income, directly to the relevant taxing authority.

H.14 GS1396 RELEASES OF INFORMATION JULY 2001

(a) Disclosure of information gained as a result of work performed under this contract shall be accomplished according to

U.S. Geological Survey procedures or through USGS channels. As used in this clause, the term "information" includes raw data, data derivative there from, and analysis or interpretations thereof, regardless of form. The term includes data developed or acquired by the contractor during performance of this contract, including analysis of samples provided by the Government and samples or recordings made by the contractor during contract performance.

(b) The contractor hereby agrees not to disclose such information to the public or to unauthorized parties without the prior written approval of the Contracting Officer. This restriction does not apply to releases of information to subcontractors (including consultants) as necessary for successful performance of the contract, provided (1) such information is of no commercial value to the subcontractor, and (2) the subcontractor agrees to be bound by the restrictions in this clause.

(c) After the contents of the contractor's final report have been made public by the Government, further releases of information may be made by the contractor, except for information subject to restrictions imposed elsewhere in this contract, if any. All releases must also comply with any additional restrictions which have been determined necessary by the Contracting Officer and provided to the contractor in writing.

(d) News releases pertaining to work under this contract shall not be made at any time without the approval and involvement of the cognizant Government Public Information Office.

H.15 GS1406 CONFIDENTIALITY OF DATA OCTOBER 2005

(a) The work under this contract requires access to proprietary, business confidential, or financial data of other companies and/or USGS internal scientific, planning or procurement sensitive/source selection data, which, if released to third parties may give unfair business, technical, or competitive advantages. As long as such data remains proprietary or confidential, Solicitation 140G0123R0025 EROS Construction Services Page 23 of 66 the contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies or for any purpose other than performance of this contract.

(b) This data may be in various forms, such as documents, raw photographic films, magnetic or digital media, photographic prints, computer system data, or it may be interpretative results derived from analysis, investigative, or study effort. Regardless of the form of this data, the contractor agrees that neither it nor any of its employees will disclose to third parties any such data, or derivatives thereof, except as may be required in the performance of this contract. Further, the contractor will not copy any of this data, or derivatives thereof, other than as necessary for the performance of this contract.

(c) The contractor will establish policies and procedures to implement the substance of this clause at the individual employee level which will assure that affected employees are made aware of the contract provision and the contractor's implementing policies and procedures. Particular attention will be given to keeping employees advised of statutes and regulations applicable to the handling of third party confidential or financial data.

(d) This clause does not preclude the contractor and/or its employees from independently acquiring and using data from legitimate sources outside of this contract, or from performing and using independent analysis of data so acquired, provided that the contractor and/or its employees fully document the source of such data, and the independence of any such analysis.

(e) The Contractor shall immediately notify, in writing, the Contracting Officer in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(f) The contractor will insert the substance of this clause in each subcontract hereunder (other than for purchase of supplies or equipment) unless the Contracting Officer has waived this requirement, in writing, as to particular subcontracts or classes of subcontracts.

(g) Any unauthorized disclosure of information may result in termination of this contract for cause.

H.16 GS1415 ACCESS TO GOVERNMENT FACILITIES JULY 2001

During the life of the contract, the rights of ingress and egress to and from the Government facility for Contractor personnel shall be made available as required. During all operations on Government premises, Contractor personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The

Government reserves the right to require Contractor personnel to display photographic identification card (such as driver’s license) and sign in upon ingress to and sign out upon egress from the Government facility.

H.17 GS1417 UTILITIES PROVIDED JULY…