RFP with Attachments 1-8 for ANAD24Jun21.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 78

2. CONTRACT NO. 3. SOLICITATION NO.

W912DY21R0041

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[ X ] NEGOTIATED (RFP)

5. DATE ISSUED

24 Jun 2021

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE W912DY 8. ADDRESS OFFER TO (If other than Item7) CODE

US ARMY ENGINEERING & SUPPORT CENTER

475 QUALITY CIRCLE NW

HUNTSVILLE AL 35806

TEL: 256-895-1110 See Item 7 TEL:

FAX: FAX:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Section L until 10:00 AM local time 26 Jul 2021

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

ALAN E FEARNS

B. TELEPHONE (Include area code) (NO COLLECT CALLS) 256 895-1756

C. E-MAIL ADDRESS

Alan.E.Fearns@usace.army.mil

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PARTI - THE SCHEDULE PARTII - CONTRACT CLAUSES

X A SOLICITATION/ CONTRACT FORM 1 - 2 X I CONTRACT CLAUSES 41 - 51

X B SUPPLIES OR SERVICES AND PRICES/ COSTS 3 - 5 PARTIII - LISTOF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/ SPECS./ WORK STATEMENT 6 - 31 X J LIST OF ATTACHMENTS 52

D PACKAGING AND MARKING PARTIV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 32

X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS 53 - 63 X F DELIVERIES OR PERFORMANCE 33

X G CONTRACT ADMINISTRATION DATA 34 - 35 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 64 - 72 X H SPECIAL CONTRACT REQUIREMENTS 36 - 40 X M EVALUATION FACTORS FOR AWARD 73 - 78

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or print)

15B. TELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

TEL: EMAIL:

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c) mailto:Alan.E.Fearns@usace.army.mil

W912DY21R0041

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

A.1 Objective:

The U.S. Army Engineering and Support Center, Huntsville (CEHNC) intends to select the Offeror whose proposal represents the best value to the Government. Following source selection, the selected utility company will conduct a preliminary assessment of Anniston Army Depot’s (ANAD) energy usage with the intent to award a Utility Energy Service Contract (UESC) for the design and implementation of energy savings and conservation solutions that will meet the unique needs of the customer pursuant to 42 USC 8256 and 10 USC 2913.

A.2 Contract Type:

The Government intends to award a firm fixed-price (FFP) agreement in accordance with (IAW) FAR 41.2. If the selected utility company has a GSA Areawide contract, then the resulting award (following successful project development and Government approval) will be a task order. If the selected utility company does not have a GSA Areawide contract, then the resulting award (following successful project development and Government approval) will be a stand-alone contract. On this acquisition there is no competitive advantage to either having or not having a GSA Areawide contract, and the selected Offeror must be a utility company authorized to provide utility service to the Anniston Army Depot area.

A.3 Proposals:

All proposals shall be delivered via email to Mr. Antonio L. Mastin and Mr. Alan Fearns at:

antonio.mastin@usace.army.mil and alan.e.fearns@usace.army.mil no later than 10:00am Central Time (local time) on 26 July 2021. See FAR 15.208 for submission of electronic proposals.

The Offeror should include the following in the email Subject line for its proposal:

*Source Selection Information IAW FAR 3.104 – Anniston Army Depot UESC*

A.4 Questions:

Questions, if any, must be emailed no later than 1:00pm Central Time (local time) on 08 July 2021 to Mr. Antonio L. Mastin and Mr. Alan Fearns at: antonio.mastin@usace.army.mil and alan.e.fearns@usace.army.mil.

The Offeror should use the following email Subject line for question(s):

*Questions for Anniston Army Depot UESC, RFP # W912DY21R0041*

A.5 Site Visit:

The Government will hold a site visit to assist Offerors to understand the objectives of this solicitation. Interested Offerors are encouraged to attend, but participation is not a requirement for submitting a proposal. The site visit will be held on 30 June 2021. Three (3) participants per interested party/company/potential Offeror are allowed. For additional details on the site visit (site visit questions only), contact Randy Houck and Randy Ries at:

james.r.houck2.civ@mail.mil and rodney.ries@usace.army.mil.

A.6 Pre- and Post-Selection:

This solicitation is structured to inform Offerors of the pre-selection requirements on a UESC project (Sections A, J, K, and L), and the post-selection requirements (Sections B, C, E, F, H, I, and J). ONLY THE PRE-SELECTION

REQUIREMENTS ARE DUE BY THE CLOSING DATE OF THIS SOLICITATION.

mailto:antonio.mastin@usace.army.mil mailto:alan.e.fearns@usace.army.mil mailto:antonio.mastin@usace.army.mil mailto:alan.e.fearns@usace.army.mil mailto:james.r.houck2.civ@mail.mil mailto:rodney.ries@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Lighting Improvements

FFP

Lighting Improvements FOB: Destination

NET AMT

HVAC system replacements and upgrades

FFP

Heating, Ventilation, and Air-Conditioning (HVAC) system replacements and upgrades to include Direct Digital Controls (DDC)

High Pressure Water Blast Equipment

FFP

High Pressure Water Blast Equipment

UMCS upgrades

FFP

Utility Monitoring Control Systems (UMCS) additions and improvements

Industrial Process Improvements

FFP

Industrial Process Improvements

Contractor Manpower Reporting

FFP

Reporting period will be the period of performance not to exceed 12 months ending on 30 September of each Government fiscal year and must be reported by 15 October of each calendar year.

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT

UTILITY ENERGY SERVICE CONTRACT (UESC)

Anniston Army Depot, Anniston, Alabama

12 MAY 2021

OBJECTIVE

The U.S. Army Engineering and Support Center, Huntsville, UESC program negotiates contracts with local electric, gas and water utility companies through which the utility companies provide federal agency customers with comprehensive energy and water efficiency improvements and demand reduction services. UESC projects can encompass a broad range of energy conservation measures (ECMs), including system upgrades and re-commissioning, deep retrofit projects, renewable energy, cogeneration plants and microgrids.

UESC gives federal customers the flexibility to tailor a project to a customer’s energy needs and financing strategies. UESC projects can also incorporate energy resiliency and security to address the Army requirement to reduce the risk to critical missions.

Under a UESC contract a selected local electric, gas or water utility company assesses the energy savings opportunities, determines the ECMs, fronts the capital costs (generally through third-party financing), and designs and installs the ECMs at an installation. The utility is paid back over time from the resulting savings. Savings must be equal to or greater than the amount invested.

Project development and implementation costs can be fully or partially financed or be completely paid for upon project acceptance. UESC also has a fast-track process to expedite awards for those energy projects with a short list of specific ECMs. The UESC progra m provides severa l benefits to the federa l customer:

• Measurement and Verification (M&V) is optional

• Annual performance assurance inspections are mandatory for all projects

• Older systems can be replaced with newer more efficient systems

• Operations and Maintenance (O&M) effort is required for all projects

1. Basic Energy Conservation Measures (ECMs) Description.

1.1 Solicitation Requirements

This PWS is for a UESC at Anniston Army Depot, Anniston, AL. The ECMs that will be evaluated during the selection process are:

• Lighting Improvements

• Heating, Ventilation, and Air-Conditioning (HVAC) and Direct Digital Control (DDC) improvements

• High Pressure Water Blast Equipment

• Utility Monitoring Control Systems additions and improvements

• Industrial Process Improvements

1.2 UESC project may include additional ECMs beyond those listed in the solicitation. Offerors are encouraged to propose other ECMs that it believes according to its expertise and observations may be beneficial to the installation.

1.3 The Government reserves the right to a dd a dditiona l non-listed ECMs identified by the utility after contractor selection during the Utility’s performance of the Preliminary Assessment (PA) and Feasibility Study (FS).

1.4 ECM Implementation Strategy

Contractors are encouraged to use a phased approach to implement a fence-to-fence energy solution to accelerate projects and energy savings at the installation with a longer-term energy investment strategy.

The PA should include a brief description of the phased approach to an all- encompassing project. This is equivalent to a Preliminary Capital Investment Strategy to demonstrate the path by which the Contractor can maximize the installation’s energy use reduction and its energy production to meet or exceed Army goa ls and to meet the insta lla tions wa rfighter mission. All ECMs investiga ted or considered a s well a s documenta tion a nd notes for inclusion or rejection should be included in the appendix of the PA and FS.

2. Preliminary Assessment (PA)

2.1 This project will follow the processes established by the Department of Energy (DOE) Federal

Energy Management Program (FEMP) “Utility Energy Service Contract Guide” July 2020 (or most recent version)

2.2 Contra ctor sha ll include in its PA a dra ft Schedule 1 – 5a . See Section J, Atta chments, Schedule1-5a .

3. Feasibility Study (FS) with Detailed Price Proposal a . This project will follow the processes esta blished by the DOE FEMP “Utility Energy

Service Contra ct [UESC] Guide” July 2020 (or most recent version).

b. Contra ctor sha ll include in its FS dra ft fina ncia l schedules, a nd a fina l set of fina ncia l schedules a fter bila tera l a greement. See Section J, Atta chments, Fina ncia l Schedules.

c. Contractor shall provide one copy of the entire FS and one redacted copy of the FS

(without pricing informa tion) to fa cilita te completion of a n Independent Government Estimate.

d. Contractor shall provide subcontractor quotes and corresponding scopes of work for first and second tier subcontra ctors to show tha t a competitive process wa s used for subcontra ctor’s election.

The Contractor should submit, to the Contracting Officer, documentation of its Request for Proposals (RFPs) for its first and second tier subcontractors. Contractor should include three subcontractor quotes and include Contractor’s source selection decision documents. To obtain competition with respect to equipment purcha se a nd a ny subcontra cted la bor, the Contra ctor sha ll forwa rd the RFQ to a minimum of three distinct suppliers (i.e., supplier’s ha ving no common bra nd na me a ffilia tion with ea ch other or with the contra ctor) of ea ch piece of equipment. The contra ctor sha ll receive supplier/subcontra cto r quotes broken down into distinct equipment costs a nd insta lla tion costs in terms of ma n-hours, costs a nd skills . These quotes, the RFQ for these quotes, and the Contractor’s selection documentation shall be forwarded to the Government as part of the FS cost appendix submittal. The Contractor shall select the responsive and responsible suppliers/subcontractors with the best value, document this selection, and proceed with the development of the project for the specific equipment selected to be pa rt of the FS.

e. The Contra ctor sha ll a ddress in its FS technica l, Opera tions a nd Ma intena nce (O&M), cybersecurity, safety, financial, Performance Assurance, Quality, warranty, and

Mea surement a nd Verifica t ion (M&V).

f. The Contractor should coordinate with the Government a meeting between approximately half a nd two-third s completion of the FS, to discuss progress of FS to da te a nd the expected project end-state from both the utility’s and the Government’s point of view. This meeting/workshop sha ll a ddress ea ch of the a rea s a s described a bove a s a minimum.

g. When an installation assumes the Operation, Maintenance, Repair, and Replacement (OMRR) responsibility, the Contractor shall coordinate a memorandum for record that is signed by the installation commander that will be submitted with the Notice of Intent to Award (NOITA) for higher level approval. This memorandum shall include justification for this action and shall address the capability, qualifications, and availability of resources to perform this responsibility.

This memo should specify the understa nding of wha t OMRR responsibilit ie s will be provided to the insta lla tion . This memo will be included a s pa rt of the fina l FS.

h. When an ECM expected life cycle of equipment is not expected to last the term of the contract, replacement equipment shall be programed into the OMRR line items during the performance period of the contract. This include all equipment, hardware, labor, and software. Expected life cycle is defined in the broa dest terms a nd specifica lly to include IT type equipment tha t becomes obsolete and no longer able to integrate to the network.

4. Design

4.1. Initial General

Contractor shall adhere to the following design and implementation standards as applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the applicable design and implementation sta nda rds/policies indica ted herein. If a publica tion required by a n individua l ECM is not listed below, the Contractor shall utilize one that has national application. The following list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

• Army Corps of Engineers Safety Manual https://www .pub lica t ion s.usa ce .a rmy .m i l/Po rta ls/76/Pub lica t ions/En gine erMa nua ls/EM_385 -1 - 1.pdf

• Installation Design Guide available at each individual location

• American National Standards Institute (ANSI) https://webstore.ansi.org

• Code of Federal Regulations (CFR) www.ecfr.go

• 29 CFR 1910, Occupa tiona l Sa fety a nd Hea lth Sta nda rds https://www.law.cornell.edu/cfr/text/29/part-1910

• 10 CFR 435, Energy Conserva tion Volunta ry Performa nce Sta nda rds for Commercia l a nd Multi-Fa mily

High Rise https://www.law.cornell.edu/cfr/text/10/part-435

• Residential Buildings https://codes.iccsafe.org/content/IRC2018

• 29 CFR 1926, Sa fety a nd Hea lth Regula tions for Construction https://www.law.cornell.edu/cfr/text/29/part-1926

• Depa rtment of the Army Regula tion (AR) AR 385-40 Accident Reporting a nd Records https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/p385_40.pdf

• Design: DOD Minimum Antiterro rism Sta nda rds for Buildings, UFC 4-010-01 https://wbdg.org/FFC/DOD/UFC/ufc_4_010_01_2018_c1.pdf

• Department of the Army Corps of Engineers, Huntsville Division (CEHND) Manual https://www.hnc.usace.army.mil/Portals/65/docs/Directorates/ED/DesingManual/CEHNC%201110-1- 1%20Design%20%20Manual%20Rev%20%208.pdf

• HNC-PR-E D-2000 .10 Engineerin g Guida nce Design Ma nua l CEHNC 1110-1-1 Design Ma nua lRev 8.pdf (army.mil)

• National Electric Code (NEC) NFPA 70®: National Electrical Code®

• National Electrical Safety Code (NESC) IEEE SA - The National Electrical Safety Code®

(NESC®)

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.ecfr.go/ http://www.law.cornell.edu/cfr/text/29/part-1910 http://www.law.cornell.edu/cfr/text/10/part-435 http://www.law.cornell.edu/cfr/text/29/part-1926 http://www.hnc.usace.army.mil/Portals/65/docs/Directorates/ED/DesingManual/CEHNC%201110-1-

• Na tiona l Fire Protection Associa tion (NFPA) Sta nda rds including, but not limited to, NFPA 101-Life Safety Code https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=101

• Na tiona l Electrica l Ma nufa cturers Associa t ion (NEMA) https://www.nema .o rg

• Underwrite rs La bora tory (UL) https://ul.org

• International Building Code (IBC) https://shop.iccsafe.org/media/wysiwyg/material/3000S21-

TOC.pdf

• International Plumbing Code (IPC) https://shop.iccsafe.org/codes/2021-international-plumbing-coder.html

• Interna tiona l Mecha nica l Code (IMC) 2021 Interna tiona l Mecha nica l Code® (iccsa fe.org)

• UFC 3-410-01FA Hea ting, Ventila t in g, a nd Air-Cond it ion in g (HVAC) Control Systems https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-3-410-01fa-c4

• UFC 3-470-01 Lonworks Utility Monitoring and Control System https://www .wbd g.o rg/ffc /dod/un if ied -fa c ilit ie s-c rite ria -uf c/ufc -3 -470 -01

• America n Society of Hea ting, Refrigera t ion a nd Air-Cond it ion in g Engineers (ASHRAE) www.ashrae.org

• ASHRAE 62, Ventilation for Acceptable Indoor Air Quality www.a shra e .o rg/techn ica l-re source s/booksto re/sta nda rds-62-1 -62 -2

• ASHRAE 90.1, Energy Sta nda rd for Buildin gs Except Low-Rise Residentia l Buildings Sta nda rd90.1

(ashrae.org)

• ASHRAE 189.1, International Green Construction Code https://www.ashrae.org/technical-resources/bookstore/standard-189-1

• National Historic Preservation Act, as applicable https://www.achp.gov/sites/default/files/2018-

06/nhpa.pdf

• Illumina tin g Engineerin g Society of North America (IESNA) www.ie s.org

• America n Institute of Architects (AIA) Ma sterspec www.a ia .o rg

• Air-Cond it ion ing a nd Refrige ra t ion Institute (ARI) https://webstore .a nsi.o rg/SD O/AH RI

• Occupa tiona l Sa fety a nd Hea lth Administ ra t ion (OSH A) regula tions https://www .osha .com/

• Other design sta nda rds required by the ordering office

• EO 13834, Efficient Federa l Opera tions https://www .epa .gov/f gc /execut ive -o rde r-13834 -regarding-efficient-federal-operations

• HNC-PR-ED-2000.10 Engineering Guidance Design Manual https://www.hnc.usace.army.mil/Portals/65/docs/Directorates/ED/DesingManual/CEHNC%201110-1- 1%20Design%20%20Manual%20Rev%20%208.pdf

• Technical Design Guide for Installation https://www.lrl.usace.army.mil/Portals/64/docs/Engineering/Guides_FTC/FTC_TDG_24_Apr_17.pdf

• Unified Fa cilities Criteria (UFC)

• Unified Facilities Guide Specifications(UFGS) Unified Facilities Guide Specifications (UFGS) |

WBDG - Whole Building Design Guide

4.2. Priority of Regulations, Codes, and Standards

No requirement of this contract shall supersede applicable regulations, local codes and/or standards. Any violation of such regulations and standards shall be brought to the attention of the KO for cla rif ication o r direction prior to proceeding with the work.

4.3. Contract/Code Conflict Resolution

If conflicts between designa ted a pplica ble codes a nd/or sta nda rds exist, the KO a nd a pplica ble a uthority having jurisdiction shall determine the appropriate code to follow.

4.4. Submittals and Milestones

Contra ctor sha ll submit engineerin g design submitta ls a t the 65%, 95%, 100% (Fina l, signed, sea led, a nd Issued for Construction (IFC)), a nd Shop Dra win g (DID009) milestones unless previously a pproved http://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-http://www.nema.org/ http://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-3-410-01fa-c4 http://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-3-470-01 http://www.ashrae.org/ http://www.ashrae.org/technical-resources/bookstore/standards-62-1-62-2 http://www.ashrae.org/technical-http://www.achp.gov/sites/default/files/2018-http://www.ies.org/ http://www.aia.org/ http://www.osha.com/ http://www.epa.gov/fgc/executive-order-13834-http://www.hnc.usace.army.mil/Portals/65/docs/Directorates/ED/DesingManual/CEHNC%201110-1-http://www.lrl.usace.army.mil/Portals/64/docs/Engineering/Guides_FTC/FTC_TDG_24_Apr_17.pdf otherwise.)

4.5. Authorization

All dra wings must be sta mped by a Professiona l Engineer.

4.6. Standardization

• Design sha ll be completed in a ccorda nce with DID006, Design .

• As-built dra wings sha ll be provided in a ccorda nce with DID013 a nd in the forma t desired by the customer.

5. ECM Testing and Acceptance (Commissioning)

5.1 Commissioning Plan

Contractor shall provide for Government review and approval a plan that describes the site-specific activities required to perform commissioning for the project ECMs. The plan shall include: System descriptions, system equipment lists, detailed project commissioning team responsibilities, processes, third party testing involvement, procedures, and industry standards to which testing is to be performed in the implementation phase. The scope of the plan shall address construction testing, turnover (acceptance by Installation), inspections, sequential functional tests, and integrated system tests.

Commissioning plans shall be followed in order to verify that each system meets critical design requirements and operational intent. Plan documentation shall include data sheets to document set points, equipment settings, and verification or operating parameters (e.g. electrical protective device settings, relay set points, mechanical equipment control settings, etc.).

5.2 Inspection of Work

The Contracting Officer (KO) and the Contracting Officer’s Representative (COR) have the right to inspect all Contractor work. If the KO or COR finds that the work is not in accordance with the PWS or creates a hazard, or is unduly disruptive to the installation's mission, the KO or COR shall notify the Contractor in writing. The Contractor respond within three (3) business days and shall promptly provide corrective measures within seven (7) business days at no additional cost to the Government.

5.3 Acceptance

Accepta nce of ECMs by the KO sha ll not relieve the Contra ctor of responsibility for providing satisfactory services in accordance with the provisions of this contract. Acceptance is conditioned on Government review and acceptance of the Commissioning documentation.

5.4 Compliance Testing, Metering, and Calibration.

Contractor shall ensure that system and equipment components perform as required to meet contract requirements. Contractor shall recalibrate meters and instrumentation as necessary in accordance with the equipment manufacturer's recommendations. Recalibration, if required, shall be performed by a firm approved by the Installation Contracting Officer Representative under direction of KO. The Contractor shall deliver to the KO a stamped copy of each metering, calibration or test report (reference DID011). If, at any time during the term of the contract, the meters and/or instrumentation are not properly calibrated, the KO may require that the system or equipment components be tested and/or the meters and instrumentation be calibrated by the Contractor at no cost to the Government. Upon the direction of the KO, the Contractor must have testing or calibration performed to verify that the contract requirements are being fulfilled. The Contractor shall submit a cost estimate for the calibration or testing required.

Calibration and Testing must be performed by an independent organization as approved by the KO. KO a lso ha s the right to directly hire a third-pa rty testing Contra ctor to perform testing a nd ca libra tion of a ny or a ll ECMs. The cost of such testing sha ll be recovera ble from the Contra ctor if the testing revea ls tha t the ECM(s) does/do not meet contract requirements. If deficiencies are found, corrections must be made as directed by the KO, at no cost to the Government. If a deficiency affects the energy savings guaranteed under this contract, corrections to billing must be made as directed by the KO. If the KO requests a test a nd it is determined tha t there a re no deficiencie s, the Government sha ll reimburse the Contra ctor for the costs of testing.

6. Preventative Maintenance of ECMs (optional; determined at final FS)

6.1 Preventive Maintenance

If within in final agreement of UESC, Contractor will perform Preventative Maintenance (PM) of ECMs that includes periodic equipment inspections, tests, calibrations, and actions required to ensure that systems operate as intended. Contractor shall schedule PM in coordination with the Contracting Officer or Contacting Officer’s Representative (COR). The Contractor must provide to KO and COR, within fifteen

(15) calendar days after award, maintenance and repair schedules applicable for the ECMs. During the Contractor performance of PM, Contractor shall maintain PM records for Government review. In accordance with DID012, Operating and Maintenance Manuals, the Contractor should submit to the KO for review and approval the Contractor's plan for operation, PM, and repair of the approved ECMs, whether performed by the Contractor or the Government.

6.2 Contractor Duties

The Contra ctor must prepa re a nd deliver to KO a nd COR a written description of PM requirements a nd PM work procedures a nd a checklist for ea ch insta lled ECM. The Contra ctor must tra in Government personnel in the PM work procedures in person annually. Maintenance and repair of Government-owned equipment and systems which are modified, upgraded, or otherwise enhanced by the Contractor may become the Government’s responsibility if so sta ted in the a pproved ECM. Cha nges to the pa rty responsible for PM shall be documented in a contract modification.

6.3 Optional

Should M&V be awarded, the Contractor must maintain adequate and necessary records from inspections and repairs, which will be made available during files review if requested by the Contracting Officer. These records will contain at a minimum: the ECM affected, date repair and/or replacement implemented, a nd description of a ctivities performed a nd must be included in the Annua l Report on ECM Performance.

6.4 Repair of ECMs – (unless OMRR is not included)

The Contractor shall be responsible for the repair of all installed ECMs. Performance of ECM repairs, however, ma y be a ssumed by the insta lla tion through mutua l a greement of the Contra ctor a nd the COR, as specified in the TO.

Repa ir of ECMs includes a ll ma teria l a nd equipment a ssocia ted with the repla cement or repa ir of fa cilitie s, systems, or equipment tha t ha ve fa iled or a re in a condition of diminished ECM performa nce a s determined by the Contra ctor, a nd concurred to by the Government.

6.5 Equipment Failure.

If equipment failure or damage is a result of the Contractor’s failure to perform or negligence in performing repairs, the Contractor shall provide repair or replacement at its expense or, if repa ired o r replaced at Government expense, the Contractor shall reimburse the Government for losses attributable to the Contractor’s failure or negligence. If equipment failure or damage is perceived to be a result of the Government’s negligence, the Contractor shall notify the COR/KO for further action. If the Contractor is unable to negotiate a resolution with the Government to any perceived negligence on the part o f the Government, he may seek remedy via the Disputes Clause.

6.6 Contractor Maintenance and Repair Response Time – (unless OMRR not included)

6.6.1 Point-of-Contact

The Contra ctor sha ll esta blish a Point-of -conta ct (na me a nd phone number) for use by the Government in providing response to Contractor equipment failures. The point of contact shall be a va ila ble a s specified in the TO throughout the TO's term. Initia l telephone response to repa ir ca ll messages shall be within the timeframe specified in the TO. If a site visit is needed to repair equipment, repair personnel shall arrive on site within the timeframe specified in the TO for nonemergency repairs or within the timeframe specified within the TO for emergency repairs.

Although norma l Contra ctor a ccess is during the norma l work hours specified for the specific site in the TO, the Contra ctor ma y be gra nted 24-hour per da y a ccess to the buildings for emergency work a t the discretion of the Government.

6.6.2 Emergency maintenance and repair work

Emergency ma intena nce a nd repa ir work is defined a s ma intena nce or repa ir necessa ry to correct a n existing or imminent fa ilure to meet the Fa cility Performa nce Requirements of ECMs, or a ny a ction necessa ry to protect the sa fety or hea lth of the fa cility occupa nts a nd prevent a dverse impa cts on property. The required Contra ctor response time for ma intena nce a nd repa ir will be indica ted within ea ch ECM. In critica l a rea s of the fa cilitie s, a response time of one hour ma y be required. If the equipment is not functiona l within the a greed upon time, da ma ges sha ll be a ssessed.

6.6.3 Failure to Respond

In the event the Contractor fails to respond as required in the TO and in the event of emergencies, the Government ma y incur expenses to perform emergency repa irs to Contra ctor-insta lled equipment as well as Government equipment for which the Contractor assumed maintenance and repair responsibilit ie s. The Contra ctor sha ll indemnify a nd hold the Government ha rmless in such ca ses where the Contractor fails to respond appropriately in emergencies. The Contractor shall promptly reimburse the Government for any and all costs incurred in responding to such emergencies. Such reimbursement ma y include the Government a djusting the payment schedule, as necessary, to recover such costs.

6.6.4 Emergency Operations.

• The Government will not move, turn off, or otherwise cha nge a ny equipment for which the Contra ctor is responsible without the consent of the Contra ctor, unless it becomes necessa ry to do so in a n emergency to prevent loss of life, injury, da ma ge to property, or disruption of the insta lla tion's mission or in a ccorda nce with the provisions of a pproved ECMs, in which ca ses the Government will not be responsible for a ny lost sa vings or equipment da ma ge which result from its actions.

• When an installation will perform the Operation, Maintenance, Repair, and Replacement (OMRR) responsibility, the Contractor shall coordinate a memorandum for record that is signed by the installation commander that will be submitted with the NOITA for higher level approval. This memorandum shall include justification for this action and shall address the capability, qualifications, and availability of resources to perform this responsibility. This memo should specify the understa nding of wha t OMRR responsibilit ie s will be provided to the insta lla tion . This memo will be included as part of the final FS.

• When an ECM expected life cycle of equipment is not expected to last the term of the contract, replacement equipment shall be programed into the OMRR line items during the performance period of the contract. This include all equipment, hardware, labor, and software. Expected life cycle is defined in the broa dest terms a nd specifica lly to include IT type equipment tha t becomes obsolete and no longer integrate to the network.

7. Operation and Maintenance (O&M) Manuals and Training for ECMs

7.1 Operations and Maintenance Manuals

The Contractor must furnish Operations and Maintenance (O&M) manuals (DID012) and recommended spare parts lists for O&M of the Contractor-installed ECMs and modified Government equipment, if any. O&M plans and spare parts lists, provided by the Contractor, must be submitted to KO prior to Government acceptance of the project, as specified in the Contract.

7.2 Government Personnel Training for ECMs

• The Contractor must provide a training program for Government personnel and/or Government

Contractors for each ECM in a project. The program must provide instruction on operation, troubleshooting, maintenance, and repair of ECMs. Training must include both a classroom phase and a field demonstration phase. Training must be provided to accommodate shift workers. The course ma teria l must include the opera tion a nd ma intena nce pla ns a nd ma nua ls. The tra ining must be conducted a t the contra ct’s specified site(s) in fa cilitie s provided by the Government or a s otherwise directed by the Government. Training shall be conducted annually for each ECM.

• Thirty (30) days prior to ECM installation completion, the Contractor must train Government personnel and/or government Contractors, as required, to operate, maintain, and repair ECM equipment and systems in the event of emergencies.

8. Operation of ECMs

8.1 Operational Tasks

Contractor shall include operations tasks (such as production planning, management, process improvement and succession planning) at specific stations, continuous or periodic equipment monitoring (as is appropriate for ECMs) for all installed ECMs, and minor on-line equipment adjustments required to achieve a ll fa cility a nd energy conserva tion performa nce requirements of the Contra ct.

8.2 Documentation of Changes in Work Procedure

When the implementation of an installed ECM results in a change in an existing work procedure, the Contra ctor sha ll prepa re a revised written processes/wo rk procedure a nd checklist for written a ccepta nce by the KO. The Contra ctor must tra in Government personnel in the processes/wo rk procedures.

8.3 Determining Compliance

The performa nce of ECM opera tions ma y be performed by the Government through mutua l a greement of the Contra ctor a nd the KO in consulta tion with the insta lla tion . In such ca ses the Government will opera te the ECM in accordance with the Contractor-provided operations work procedures. The Contractor must conduct periodic inspections with sufficient frequency to determine insta lla tion complia nce with opera tions work procedures a nd sha ll notify the COR within thirty (30) da ys of a ny noncomplia nce a nd sha ll inform the COR of any necessary corrective action.

8.4 Government Inspection of Contractor Records

Should M&V be included in the UESC, the Contractor must maintain adequate and necessary records from inspections, which will be ma de a va ila ble to the Government during files review requested by the Contra cting Officer. These records will conta in a t a minimum the ECM a ffected, initia l da te of incident, da te repa ir a nd/or repla cement implemented, a nd description of a ctivities performed a nd must be included in the as annual ECM Performance report.

8.5 Contractor Inspection of Government Records

Should the Government perform O&M of ECMs, the Government will maintain adequate and necessary ma intena nce records a nd inspections, which will be ma de a va ila ble to the contra ctor during its performa nce a ssura nce (or M&V if included). These records will conta in a t a minimum the ECM affected, date repair and/or replacement implemented, and a description of activities performed and will be provided to the Contractor to be included in the annual report on ECM performance.

8.6 Cybersecurity Incident

The Contractor will adhere to DFAR 252.204.7012. Within one hour of an event or incident when the Contractor becomes aware of the event or incident, the Contractor shall provide a written report of each cyber incident, whether successful or unsuccessful. As defined by FIPS PUB 200, an incident is an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. The report shall be provided to the facility’s Cybersecurity group at the Installation’s Operation's Center and to the US-CERT, as defined by NIST Special

Publication 800-61 Rev 2. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, all of the required elements for a Mandatory Incident Report at https://dibnet.dod.mil. Access to DIBNet requires a Medium Assurance Certificate in order to report cyber incidents in accordance with this clause. The Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents upon award. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

9. Quality Control

Contra ctor must provide a Qua lity Control Pla n in a ccorda nce with ER 1180-1-6, UFGS 01 45

00.10 20, a nd DID004.

10. Measurement and Verification (optional).

10.1 Measurement and Verification (M&V) Report Format

Contra ctor sha ll follow DID015, M&V Report, if M&V is included in the fina l project scope. M&V requirement is intended to va lida te sa vings rea lized a nd ma y be included in a UESC.

10.2 Performance Assurance

Performa nce a ssura nce is intended to ensure tha t implemented ECMs optima lly function a nd itis required on all UESCs.

11. Fire Prevention

11.1 Fire Safety, Fire Prevention, Fire Protection, and First Aid The Contractor must perform all work and maintain Contractor on post facilities in a fire-safe manner. On sites under Contractor control or responsibility, the Contractor must supply and maintain fire protection equipment adequate to extinguish incipient fires. The Contractor must comply with applicable post, local, and State fire prevention regulations and applicable National Fire Protection Association (NFPA) codes.

These requirements will be provided to the Contra ctor a fter source selection. The Contra ctor must a lso supply a nd ma inta in proxima l to the Contra ctor’s work a rea s such first a id equipment a s a ppropria te for dealing with minor incidents.

11.2 Emergency Protocol and Day to Day Operation Requirements The Contra ctor must ensure tha t its employees know how to a ctiva te Government site fire a la rms. The Contractor must observe all site requirements for handling and storing combustible supplies, materials, wa ste a nd tra sh. Contra ctor employees opera ting critica l equipment must be tra ined to properly respond during a fire a la rm a nd/or fire in a ccorda nce with the a pplica ble insta lla tion's fire prevention procedures, rules or regula tions a s identified in the Contra ct from the Insta lla tion. The Contra ctor must obta in a ll required permits prior to performing a ny hot work (e.g., weldin g, cutting torch). These requirements will be provided to the Contractor after source selection.

12. Environmental Protection

12.1 Applicable Design and Implementation Standards

The contract will specify design and implementation standards applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and implementation standards/policies. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one that has national application. The following, to include (but not restricted to), list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

Impacts on air quality (pollutants, noise level, and odors or fumes) and potable water use are examples of potential areas of concern at the project site. Any ECM and related work shall comply with the National Environmental Policy Act (NEPA) and other applicable Federal, State and local http://iase.disa.mil/pki/eca/Pages/index.aspx environmental protection regulations. The TO will identify specific known hazardous waste handling and storage requirements (e.g., Polychlorinated Biphenyl (PCB) ballasts removed from lighting fixture retrofits).

The Contractor shall comply with applicable Federal, State and local laws and with the applicable regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the installation and the KO. Authorized Government officials may inspect any of the Contractor's work areas on a no-notice basis during normal working hours. The Contractor shall indemnify and hold the Government (including the ordering office, and/or any person acting on beha lf of the Government) ha rmless for a ny a nd a ll lia bility , including a ttorneys’ fees a nd lega l costs, resultin g from the Contra ctor’s noncomplia nce or viola tion of a ny a pplica ble Federa l, Sta te or loca l law, regulation or standard regarding environmental protection. In the event that a regulatory agency a ssesses a moneta ry fine a ga inst the Government for viola tions ca used by the Contra ctor’s a ctions or ina ction, the Contra ctor sha ll immedia tely reimburse the Government for the a mount of a ny fine a nd other rela ted costs. The Contra ctor sha ll a lso clea n up a ny oil spills , ha za rdous wa stes, a nd ha za rdous materials resulting from the Contractor's operations. The Contractor shall comply with the instructions of the Government’s designa ted sa fety a nd hea lth personnel to a void conditions tha t crea te a nuisa nce or which may be hazardous to the health of Government or civilian personnel.

The Contra ctor sha ll prepa re a ll documenta tion necessa ry to support obta ining permits to comply with all applicable Federal, State and local requirements prior to implementing affected ECMs in the performance of a TO. The Contractor shall not receive a notice to proceed with installation from the Government until all applicable environmental protection requirements contained in this IDIQ contract and the TO have been satisfied.

The Contra ctor sha ll comply with a ll a pplica ble regula tions a nd with the requirements of the la test edition of the a pplica ble Federa l a gency's Spill Prevention Control a nd Countermea sures Pla n, or simila r pla n, and requirements of the TO.

A Task Order issued against this IDIQ contract will specify design and implementation standards applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and implementation standards/policies indicated in the TO as applicable. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one that has national application.

The following, to include (but not restricted to), list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

Commercial

• National Environmental Policy Act

• Na tiona l Historic Preserva tion Act, a s a pplica ble

Government

• No specific ECM guidance provided herein. This will be part of project development.

Other Guidance

12.2 Permits and Responsibilities

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations a pplica ble to the performa nce of the work. The Contra ctor sha ll a lso be responsible for a ll da ma ges to persons or property tha t occur a s a result of the Contra ctor's fa ult or negligence . The Contra ctor sha ll a lso be responsible for a ll materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. See FAR clause 52.236-7, Permits and Responsibilities.

13. Safety Requirements All work shall be conducted in a safe manner and shall comply with the latest version of U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual 385-1-1 (EM 385-1-1), including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf?ver=2015-04-09-142531-467), the Accident Prevention plan requirements in Section I contract (FAR 52.236-13) and any specific safety program requirements contained herein. See also to DID005.

13.1 Guidelines

This contra ct specifies design a nd implementa tion sta nda rds a pplica ble to site or Government specific fa cility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and implementation standards/policies indicated in the contract. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one tha t ha s na tiona l a pplica tion. The followin g, to include (but not restricted to), list of sta nda rds policies, procedures, a nd sta tutes, is provided a s a guideline for esta blishin g these requirements:

a. Commercial

• Occupa tiona l Sa fety a nd Hea lth Administ ra t ion (OSH A) regula tions

• 29 CFR 1904 Recording a nd Reporting Occupa tiona l Injuries a nd Illnesses

• 29 CFR 1910, Occupa tiona l Sa fety a nd Hea lth Sta nda rds

• 29 CFR 1926, Sa fety a nd Hea lth Regula tions for Construction

• Na tiona l Fire Protection Associa tion (NFPA) Sta nda rds including, but not limited to, NFPA 101- Life Sa fety Code

b. Government

• Depa rtment of the Army Regula tion (AR) AR 385-40 Accident Reporting a nd Records http://usahec.contentdm.oclc.org/cdm/ref/collection/p16635coll11/id/1527

• EM 385-1-1 Safety and Health Requirements Manual https://www.usace.army.mil/Safety-and- Occupational-Health/Safety-and-Health-Requirements-manual/

c. Local

13.2 Administration

Prior to commencing work, the Contra ctor sha ll meet with the Government to a gree upon a dministra tion of the safety program.

13.3 OSHA Compliance

The Contra ctor's workpla ce ma y be inspected periodica lly for OSHA complia nce. Corrective a ctions for violations shall be the responsibility of the Contractor and/or the Government, as determined by the Government. The Contractor shall provide assistance to the Government representative and Federal or State OSHA inspector, if a complaint is filed. Any fines levied on the Contractor by Federal or State OSHA offices due to safety/health violations will be paid promptly by the Contractor.

13.4 Reporting Accidents

The Contractor shall comply with accident reporting requirements as outlined in AR 385-40, http://usa hec.contentdm.oc lc .o rg/cdm/ref /co llect ion/p16635co ll11/ id/1527 a ll a ccident reports sha ll be submitted to the KO.

13.5 Fire and Ambulance Jurisdiction

The loca l fire depa rtment with coordina tion from the insta lla tion sha ll ha ve jurisdict ion over a nd sha ll be principa lly responsible for fire prevention inspections. Firefight in g a t a ny Contra ctor fa cility sha ll be the responsibility of the loca l fire depa rtment. The Contra ctor sha ll provide keys to the insta lla tion for a ccess into a ny Contra ctor on post fenced a rea , building, or structure. The keys sha ll be la beled or perma nently ta gged for http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-http://usahec.contentdm.oclc.org/cdm/ref/collection/p16635coll11/id/1527 http://www.usace.army.mil/Safety-and-http://usahec.contentdm.oclc.org/cdm/ref/collection/p16635coll11/id/1527 their respective locks a nd sha ll be repla ced within one hour if the lock is cha nged. The loca l Fire Ma rsha ll sha ll be the a uthority ha ving jurisdict ion in a ll ma tters rela ting to fire prevention, fire protection, a nd firefight in g.

Ambula nce service will not be provided by the insta lla tion .

a. Contra ctor sha ll not sta rt work on a site until HNC Sa fety Office ha s a ccepted in writ in g its safety and health plan and hazard analysis.

b. Contractors shall comply with the latest version of Engineer Manual 385-1-1, Safety

(includin g interim cha nges) in effect on the da te of solicita t ion . Prior to ma king a n offer, bidders should check the HQUSACE Safety and Occupational Health web site:

http://www.usace.army.mil/CESO/Pages/Home.aspx

13.6 The Site Safety and Health Officer (SSHO) sha ll be a full-time responsibility, a n employee of the Prime Contractor, an employee other than the supervisor and shall report to a senior project(or corporate) official and shall possess…