Sol_140F0821R0004.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040528485

U.S. FISH AND WILDLIFE SERVICE

2800 COTTAGE WAY

SACRAMENTO CA 95825

F08

U.S. FISH AND WILDLIFE SERVICE

2800 COTTAGE WAY

SACRAMENTO CA 95825

Matthew Loudis 9707393694

1x 04/29/2021

140F0821R0004

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

This opportunity is only available to Small Businesses. The US Department of the

Interior has a request for Construction contract to design and install an approximately 300 kW-DC ground mounted solar system at Camas NWR, ID (Jefferson

County).

The US Department of the Interior owns and operates the Camas National Wildlife

Refuge (Camas NWR), located at 2150 E 2350 N near Hamer, Idaho. The main entrance facility is located west of Veterans Memorial Highway (Interstate 15) off of E 2350

N.

Work will include, but is not limited to, the design and installation of a ground based 300 kW-DC solar array that shall connect to the local power grid and offset power utilized by the NWR facilities. Work shall include the coordination with the utility provider, Rocky Mountain Power (RMP), to install a PV Meter; establishment of Electric Grid Interconnection Agreements for a federal facility to allow the solar system to be connected to the RMP grid, and all tasks and communication necessary to secure required systems approvals from RMP and all agencies having jurisdiction . All components selected shall be RMP approved. The contractor shall construct and install the system in accordance with all applicable codes and standards

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

15 730 calendar days and complete it within ________________ ________________ calendar days after receiving

05/28/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

U.S. FISH AND WILDLIFE SERVICE

2800 COTTAGE WAY

SACRAMENTO CA 95825

F08

Matthew Loudis

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0821R0004 specifically the 2020 NEC and IEEE. NWR has included a preliminary design for reference.

This requirement is being procured in accordance with FAR Part 15, Contracting by Negotiation.

This will be a Firm Fixed Priced Contract and

Award will be based on Lowest-Price

Technically-Acceptable (LPTA).

The Solicitation is posted to https://beta.sam.gov/ under Contract

Opportunities. Interested contractors must be registered in SAM (System for Award Management, www.sam.gov) and complete Online Representations and Certifications.

A pre-proposal site visit is scheduled for May

19, 2021 starting at 9:00 AM Local Time.

Participants will meet at 2150 EAST 2350 NORTH

HAMER ID 83425-5030

Special Instructions Due to COVID-19: Contractors must notify the Contracting Officer, Matthew

Loudis, matthew_loudis@fws.gov by email if you will be attending and must provide the number of people attending, their full names, and contact information (i.e. email and phone numbers).

Please limit the number of your attendees to only those that need to view the site. This will give everyone a chance to view the site in a timely fashion.

All vehicles will be allowed into the site through the gate at 9:00 AM however everyone must remain in their vehicles until directed otherwise. To comply with social gathering orders, only 10 people will be allowed out of their vehicles at any one time. USFWS staff will direct 10 people out of their vehicle for a site inspection. As people leave after site inspection, an equal number of people will be allowed out of their vehicles maintaining no more than 10 people at a field at any particular time.

While at the site please comply with social distancing guidelines and remain at least 6 feet apart from each other. There will be no

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0821R0004 interaction with USFWS staff during the site visit therefore no questions will be answered at the site visit. You will be allowed to view the site and any questions must be submitted by email to the Contracting Officer, Matthew Loudis, matthew_loudis@fws.gov.

**Be sure to allow yourself plenty of time the day of the site visit as it is unknown at this time how many people will attend or how long it will take for everyone to view the site. Be prepared for a long day if there are several attendees. Additionally, be courteous of your fellow contractors by viewing what you need to as quickly as possible. Keep in mind that others will be waiting their turn to view the site.**

The NAICS code is 237130 - Power and

Communication Line and Related Structures, and the size standard is $39.5 million. The project magnitude is between $500,00.00 and $1,000,000.00.

The PSC code is Y1MG - CONSTRUCTION OF EPG

FACILITIES - SOLAR

The work will commence within 15 days of Notice to Proceed and be completed within 24 months.

Bonding Requirements: 20% Bid Bond, 100% Payment

Bond, 100% Performance Bond

Direct questions in writing to Matthew Loudis, matthew_loudis@fws.gov

List of Attachments:

1. Statement of Work (SOW), 7 pages

2. Scope Narrative, 5 pages

3. Drawings, 6 pages

4. DOL Wage Determinations, 7 pages

5. Price Schedule, 1 pages

6. Site Instructions, 2 pages

7. Past Performance Worksheet, 2 pages

Legacy Doc #: FWS

Delivery: 12/30/2022

Delivery Location Code: 0008349305

FWS CAMAS NATIONAL WILDLIFE REFUGE

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0821R0004

2150 EAST 2350 NORTH

HAMER ID 83425-5030 US

Period of Performance: 09/30/2021 to 09/30/2023

00010 Base Bid: PV Array

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

SECTION C

Description/Specifications

The Contractor shall furnish all labor, materials, equipment, and supervision required for the design and installation of a ground mounted based 300 kW-DC solar array that shall connect and provide 450,000 kWh annually, to assist in offsetting power utilized by the Refuge throughout the year.

SECTION D

Packaging and Marking

1. Payment of Postage and Fees All postage and fees related to submitting information forms, reports, etc., to the CO or the COR shall be paid by the contractor.

2. Marking All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

SECTION E

Inspection and Acceptance

52.246-12 Inspection of Construction. (Aug 1996) 52.246-21 Warranty of Construction. (MAR 1994)

SECTION F

Deliveries of Performance

52.211-10 -- Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 24 months. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

SECTION G

Contract Administration Data

1. CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract:

Matthew Loudis U.S. Fish & Wildlife Service Acquisition Construction/A&E Operations 135 Union BLVD Lakewood CO 80128 matthew_loudis@fws.gov

Contracting Officer's Representative (COR) for this contract:

mailto:matthew_loudis@fws.gov

L. Robert Moriarty Design and Construction Branch 911 NE 11th Avenue Portland, OR 97232-4181 Office: 503-736-4440 Cell: 971-347-6812 Email: lynn_moriarty@fws.gov

2. CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON

The COR will act like as a liaison between the U.S. Fish & Wildlife Service herein referred to as “Service” and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.

3. JOB SITE ADMINISTRATION

Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. No one but the CO and COR is authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent superintendent (hereinafter referred to as the “Contractor’s Superintendent” who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed.

(See Superintendence by the Contractor, Section I, Federal Acquisition Regulations (FAR) Clause 52.236-6.)

4. DOI ELECTRONIC INVOICING

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

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

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

• Hardcopy invoice is to be submitted to Contracting Officer and COR for review and approval before electronic invoice is entered.

• Prime contractor and subcontract payrolls

• Payment Request Certification

• Release of Claims (final invoice)

• SF 1413 – Statement and Acknowledgment (if applicable)

• Schedule of Values

• Progress Schedule

• Owner/Operator manuals (if applicable)

• As-Built Drawings (if applicable)

• Warranty Certificates (if applicable)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973- 3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

mailto:lynn_moriarty@fws.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

SECTION H

Special Contract Requirements

1. UTILITIES

The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

2. GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their"

3. SAFETY

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project.

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

c. The Contractor shall initiate and maintain an effective safety program that provides adequate systematic policies, procedures, and practices to protect their employees from and allow them to recognize, job-related safety and health hazards. The program shall include provisions for the systematic identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The Contractor shall immediately notify the CO of any accident, incident, or exposure resulting in a fatality, lost-time injury, or property loss/damage of $2,500 or more arising out of work performed under this contract. The Contractor shall investigate all work-related accidents/incidents to the extent necessary to determine their cause(s) and furnish the CO an investigative report outlining findings and proposed or completed corrective actions. The contractor shall, when required by the CO, have a separate and complete independent investigation of the accident/incident, and submit a comprehensive report of findings and recommendations to the CO. The CO shall consult with the COR and Service safety personnel in reviewing the investigation report and corrective actions. If the contractor fails or refuses to institute prompt corrective action, the CO may invoke the suspension-of-work clause in this contract or any other remedy available to the government. Any delay or cost resulting from a safety-related suspension of work will be borne by the Contractor.

e. In the event of an accident/incident, the Contractor shall be responsible for providing and obtaining appropriate medical and emergency assistance. Except for rescue and emergency measures, the scene of the accident/incident shall not be disturbed or the operation resumed until the on-site aspect of the investigation has been completed.

f. Service safety personnel and representatives from Federal, State, and local government agencies shall have the right to examine and conduct an investigation at sites or areas where work under this contract is being performed. The absence of such investigations shall not relieve the contractor of their safety program responsibilities.

4. ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA); Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

5. PROGRESS MEETINGS

a. The Contractor’s representative shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

(End of Local Clause)

b. Meetings will be scheduled by the CO or COR with timely notification to the Contractor.

c. At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO or COR. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

6. SUBMITTALS

a. It is the responsibility of the contractor to identify all submittals required by the specifications, referencing the Subdivision applicable, and submit the list to the CO and COR within 14 calendar days after contract award. Failure to list a submittal will not relieve the contractor from submission of required information. A Submittal Register will be provided for completion.

b. All submittals requiring approval shall be submitted by the Contractor using a government-approved submittal form. The form must include the contract number and description of contents. All submittals shall be submitted for a 14 calendar day review by the COR, to allow adequate review prior to commencement of work in that area. (See Materials and Workmanship, Section I, FAR Clause 52.236-5.)

7. CONTRACT DRAWINGS AND SPECIFICATIONS

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications (if applicable), except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the CO.

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the CO of ambiguities, contradictions, gaps in information, if any;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph

(5) Reproduce and print contract drawings and specifications as needed. (After award, if additional copies of specifications and drawings are available, they will be provided to the contractor.)

c. Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

d. The work shall conform to the specifications and the contract drawings identified in Section J.

8. "AS BUILT" RECORD DRAWINGS

a. Contractor shall maintain in proper order, one (1) complete set of clean prints of all drawings on the project site.

b. The Contractor shall neatly inscribe, in red ink or pencil, all changes in work, and the dates of such changes, on the prints.

The changes shall be noted in sufficient detail and clarity to accurately portray all "as built" conditions.

c. At the time of final inspection, the Contractor shall present the "as built" drawings to the CO.

9. APPLICABLE WAGE RATE DECISION

The Secretary of Labor has made a determination of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on this project. The decision number and date with minimum rates for this project are shown in Section J.

The Contractor must furnish copies of their payrolls to the CO, weekly, seven (7) days after close of payroll period.

10. WORK HOURS

Working hours for the Contractor must be in accordance with the operational hours of each site being worked on., Monday thru Friday, excluding Saturdays, Sundays, and Federal holidays. Advance coordination with the CO is required prior to working at any other time.

11. PRECONSTRUCTION CONFERENCE

a. After award, the Contractor shall attend a preconstruction conference with representatives of the Government at a time and place mutually agreed upon. (See Preconstruction Conference, Section I, FAR Clause 52.236-26.)

12. CHANGES

During the performance of this contract, various Government personnel will periodically appear on the job site to inspect contractor performance. The contractor is advised that ONLY the CO has the authority to direct or approve any change for work that will affect the price, quality, quantity, or performance time.

13. COST BREAKDOWN OF CONTRACT PAYMENTS

a. Contractors must furnish a cost breakdown of any lump sum items which will provide the basis for progress payments. The cost breakdown shall be submitted in a format acceptable to the Contracting Officer and each item shall include overhead and profit. Contractor and COR must agree on the percentage of work completed at the end of each month. Contractor will submit an invoice monthly for payment to the CO. This invoice must be signed by the COR or it will be returned to the Contractor and will delay payment. A correctly signed invoice is reviewed by the COR who prepares a contract progress report, and returns the payment request to the CO who approves and processes for payment.

b. Payments are authorized by FAR Clause 52.232-5, which requires that the Contractor certify with each payment request that he has paid or will pay with the proceeds of the payment his employees and subcontractors.

14. PROGRESS SCHEDULE/REPORTS

A contract progress schedule is required within 10 days after work commences. Actual progress must be reported on a contract progress report every two weeks. A copy of these forms shall be provided to you. (See Schedules for Construction Contracts, Section I, FAR Clause 52.236-15.)

15. MODIFICATION PROPOSALS-PRICE BREAKDOWN

a. The Contractor shall furnish an itemized price breakdown, within the time specified by the Contracting Officer, with any proposal for a contract modification.

b. The price breakdown:

c. Must include sufficient detail of all costs for—

(1) Material;

(2) Labor;

(3) Equipment;

(4) Subcontracts; and

(5) Overhead and Profit; and

d. Must cover all work involved in the modification, whether the work was deleted, added, or changed.

e. The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

f. The Contractor's proposal shall include a justification for any time extension proposed. A revised progress schedule will be required if time is adjusted.

16. QUALITY CONTROL

The Contractors Quality Control Inspector and/or Superintendent shall ensure all items on the Pre-Final Punch List, rejected and nonconforming work, along with all remaining work conforms to the contract terms, construction documents and industry standards, prior to the final inspection. The Contractor is responsible for maintaining its own pre final and final inspection records. The Contractor will be legally and financially responsible for not completing all of the contract requirements in accordance with the contract terms.

17. BENEFICIAL USE OR OCCUPANCY

The Contractor shall complete all inspections and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246.21. Extended warranties offered by the contractor and its subcontractors or suppliers may be accepted at the Government’s discretion.

18. REPEAT INSPECTIONS

In the event the Contracting Officer finds that the project is not ready for the applicable inspections, (too many discrepancies) the contractor may be held liable for the cost of a repeat inspection. If the inspection involves the Contracting Officer, Contract Specialist, COR, Safety Officer or other key members, these cost may include additional labor, travel and miscellaneous expense.

SECTION I

Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 – Definitions. (Nov 2013) 52.203-3 – Gratuities (Apr 1984) 52.203-5 -- Covenant Against Contingent Fees. (May 2014)

52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 – Anti-kickback Procedures (May 2014) 52.203-8 – Cancellation, Rescission, and Recovery of Fund for Illegal or Improper Activity. (May 2014) 52.203-10 – Price or Fee Adjustment for Illegal or Improper Activity. (May 2014) 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010) 52-203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Apr 2014) 52.204-4 – Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2016) 52.204-13 – System for Award Management Maintenance. (Oct 2018) 52.204-14 – Service Contract Reporting Requirements. (Oct 2016) 52.204-18 -- Commercial and Government Entity Code Maintenance. (Jul 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-23 -- Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2019)

52.209-6 -- Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015) 52.215-2 – Audit and Records – Negotiation. (Oct 2010) 52.215-8 -- Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 -- Notice of Total Small Business Set-Aside. (Nov 2011) 52.219-8 – Utilization of Small Business Concerns. (Oct 2018) 52.219-14 – Limitations on Subcontracting. (Jan 2017) 52.219-28 – Post-Award Small Business Program Representation. (Jul 2013) 52.222-3 -- Convict Labor. (Jun 2003) 52.222-6 – Construction Wage Rate Requirements (AUG 2018) 52.222-7 -- Withholding of Funds. (May 2014) 52.222-8 -- Payrolls and Basic Records. (AUG 2018) 52.222-9-- Apprentices and Trainees. (JUL 2005) 52.222-10 -- Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 -- Subcontracts (Labor Standards). (May 2014) 52.222-12 -- Contract Termination - Debarment. (May 2014) 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014) 52.222-14 -- Disputes Concerning Labor Standards. (FEB 1998) 52.222-15 -- Certification of Eligibility. (May 2014) 52.222-21 -- Prohibition of Segregated Facilities. (Apr 2015) 52.222-26 -- Equal Opportunity. (Sep 2016) 52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-35 – Equal Opportunity for Veterans. (Oct 2015) 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 – Employment Reports on Veterans. (Feb 2016) 52.222-40 –Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222-50-- Combating Trafficking in Persons. (JAN 2019) 52.222-54 – Employment Eligibility Verification. (Oct 2015) 52.222-55 – Minimum Wages Under Executive Order 13658. (Dec 2015) 52.222-62 – Paid Sick Leave Under Executive Order 13706. (Jan 2017) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Sep 2013) 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011) 52.223-6 -- Drug-Free Workplace. (May 2001) 52.223-11 -- Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) 52.223-15 – Energy Efficiency in Energy-Consuming Products. (Dec 2007) 52.223-17 -- Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011) 52.223-20 – Aerosols (JUN 2016) 52.223-21 – Foams (JUN 2016) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-1 -- Authorization and Consent. (Dec 2007) 52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007) 52.227-4 -- Patent Indemnity -- Construction Contracts. (Dec 2007)

52.227-9 – Refund of Royalties. (Apr 1984) 52.228-2 – Additional Bond Security (Oct 1997) 52.228-5 -- Insurance - Work on a Government Installation. (Jan 1997) 52.228-11-- Pledges of Assets. (AUG 2018) 52.228-12 –Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) 52.228-15 – Performance and Payment Bonds—Construction. (Oct 2010) 52.229-3 – Federal, State, and Local Taxes. (Feb 2013) 52.230-2 – Cost Accounting Standards. (Oct 2015) 52.230-6 – Administration of Cost Accounting Standards. (June 2010) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-16 -- Progress Payments. (Apr2012) Alternate I 52.232-17 – Interest. (May 2014) 52.232-23 -- Assignment of Claims. (May 2014) 52.232-27 -- Prompt Payment For Construction Contracts. (Jan 2017) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Oct 2018) 52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 – Disputes (May 2014) 52.233-3 – Protest after Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim. (Oct 2004) 52.236-2 -- Differing Site Conditions. (Apr 1984) 52.236-3 -- Site Investigation and Conditions Affecting the Work. (Apr 1984) 52.236-5 -- Material and Workmanship. (Apr 1984) 52.236-6 -- Superintendence by the Contractor. (Apr 1984) 52.236-7 -- Permits and Responsibilities. (Nov 1991) 52.236-8 -- Other Contracts. (Apr 1984) 52.236-9 – Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984) 52.236-10 – Operation and Storage Areas. (Apr 1984) 52.236-11 – Use and Possession Prior to Completion. (Apr 1984) 52.236-12 – Cleaning Up. (Apr 1984) 52.236-13 – Accident Prevention (Nov 1991) 52.236-14 -- Availability and Use of Utility Services. (Apr 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-21 – Specifications and Drawings for Construction. (Feb 1997) 52.236-26 -- Preconstruction Conference. (Feb 1995) 52.242-13 – Bankruptcy. (Jul 1995) 52.243-4 – Changes. (Jun 2007) 52.242-14 – Suspension of Work. (Apr 1984) 52.244-6 -- Subcontracts for Commercial Items. (AUG 2018) 52.248-3 -- Value Engineering – Construction. (Oct 2015) 52.249-2 -- Termination for Convenience of the Government (Fixed-Price)—Alternate I (Sep 1996) 52.249-10 -- Default (Fixed-Price Construction). (Apr 1984) 52.253-1 -- Computer Generated Forms. (Jan 1991)

CLAUSES IN FULL TEXT

52.225-9 --Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material

Domestic construction material Item 2 Foreign construction material Domestic construction material

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

(End of Clause)

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.243-7 Notification of Changes (Jan 2017)

(a) Definitions. “Contracting Officer,” as used in this clause, does not include any representative of the Contracting Officer.

“Specifically Authorized Representative (SAR),” as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state --

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including --

(i) What line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor’s estimate of the time by which the Government must respond to the Contractor’s notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within (to be negotiated) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either --

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor’s notice information is inadequate to make a decision under subparagraphs (d)(1), (2), or

(3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made --

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor’s failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

NOTE: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

52.252-2 -- Clauses Incorporated By Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/farqueryframe.html

(End of clause)

1452.201-70 Authorities and Delegations (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of…