SWSC Bid No. 26-25 Addendum No. 3.pdf
PDF 1 MB Posted
- Solicitation number
- BD-26-1531-SWSPD-SWSPD-125181
- Issued by
- Hampden County, Massachusetts
About this file
This is Addendum No. 3 to Invitation for Bids (IFB) No. 26-25 issued by the Springfield Water and Sewer Commission (SWSC) for the Cobble Mountain Unit 3 Valve Replacements project located in Granville, Massachusetts. The addendum adds a second mandatory pre-bid meeting due to inclement weather, establishing two meeting dates: February 25, 2026 at 10:00 AM and March 2, 2026 at 10:00 AM, with attendance at one meeting required for bid eligibility. The project scope includes removal and disposal of existing 84-inch upper and 72-inch lower isolation valves for Unit 3, engineering and installation of replacement valves, installation of a blind flange, temporary cofferdam and dewatering provisions, and optional alternate pricing for identical work on Unit 1 valves. The project has an estimated value not to exceed $2,500,000 with a completion timeline of 814 calendar days from the Notice to Proceed. Sealed bids from subcontractors for Plumbing and Electrical Work subtrades are due April 24, 2026 at 2:00 PM EDT, while Prime/General Contractor bids are due May 8, 2026 at 2:00 PM EDT. Written questions from Prime Contractors must be submitted by April 17, 2026, and subcontractor questions by April 3, 2026. Pre-bid meetings will be held on-site at the West Parish Filtration Plant in Westfield, Massachusetts, with shuttle transportation provided to the Cobble Power Plant; hard hats, safety glasses, steel-toed boots, and high-visibility vests are required for all attendees. Bid documents are available for electronic viewing and download at no cost beginning February 9, 2026 on biddocs.com, or hard copies may be purchased through Nashoba Blue, Inc.
General Bidders must hold a Massachusetts DCAMM certificate of eligibility for "MECHANICAL SYSTEMS" work, while Filed Sub-Bidders must submit certificates for their respective trade categories. A bid deposit of not less than five percent of the bid value is required, along with performance bonds and labor and materials bonds each equal to 100 percent of the total bid amount. Contractors must comply with Davis-Bacon Act wage rates and Massachusetts prevailing wage requirements, with the higher rate applying when differences exist, and must submit certified weekly payroll records. The project is funded in part by the U.S. Department of Energy under Section 243 of the Energy Policy Act of 2005 as amended by the Infrastructure Investment and Jobs Act of 2021, and is subject to Build America, Buy America Act (BABA) requirements mandating that all iron, steel, manufactured products, and construction materials be produced in the United States, unless a waiver is granted. The project may also receive partial funding from the Water Infrastructure Finance and Innovation Act (WIFIA). All suppliers must provide certification of compliance with BABA domestic content requirements, with the recipient responsible for maintaining documentation and ensuring compliance flows down through all subawards and subcontracts. The project is also subject to the Department of Environmental Protection's Diesel Retrofit Program requiring EPA-certified after-engine emission controls on all off-road diesel equipment at the job site. The SWSC reserves the right to reject any or all bids and to waive informalities if in the public interest.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
IFB No. 26-25 Addendum No. 3
Addendum No. 3, IFB No. 26-25
Cobble Mountain Unit 3 Valve Replacements
Date of Addendum: February 23, 2026
General Bid Opening Date: 2:00 P.M. May 8, 2026
Sub Bid Opening Date: 2:00 P.M. April 24, 2026 To Whom It May Concern:
This is an addendum to the above IFB. Special attention should be given to this addendum to preserve the validity of any bids submitted in response to this request. All Addenda must be acknowledged by indicating receipt on page 2 of Section 00300, Forms for General Bid (or Section 00310 Forms for Sub Bid).. Failure to acknowledge this Addendum may subject the Bidder to disqualification.
1. ADDITION OF A SECOND PRE-BID MEETING:
a. Due to inclement weather the week of February 22-28, 2026 the Commission has added a second pre-bid meeting to the bid schedule. To be clear, attendance at one of the two meetings is mandatory. Text of the meeting notice as it appears in the project manual is revised to:
“Two pre-bid meetings have been scheduled; one on February 25th, 2026 at 10:00 AM, and the other on March 2, 2026 at 10:00 AM. The pre-bid meetings will be held on-site starting at Springfield Water & Sewer Commission’s West Parish Filtration Plant, 1515 Granville Road, Westfield, MA. Meetings will commence in the main building lobby and then proceed to the Cobble Power Plant site. Due to parking limitations, a shuttle van will facilitate transport to the Power Plant. Visits may be broken into two or more groups depending on number of attendees. Bidders are required to attend one of the two pre-bid meetings in order to be able to submit a bid for evaluation. NOTE: for safety reasons, hard hats, safety glasses, steel toes, and high visibility vests are required of all attendees.”
b. Accordingly, bidders shall REMOVE Section 00012, Legal Advertisement (Newspaper) from Division 0 and REPLACE it with the revised Section 00012 which has been incorporated into this addendum as Attachment 1.
c. Accordingly, bidders shall REMOVE Section 00020, INVITATION FOR BIDS from Division 0 and REPLACE it with the revised Section 00020 which has been incorporated into this addendum as Attachment 2.
END OF ADDENDUM NO. 3 (not including attachments)
Si ncerely, Edward J. Sweeney, Chief Procurement Officer S pringfield Water and Sewer Commission
ATTACHMENT #1
ADVERTISEMENT
SPRINGFIELD WATER AND SEWER COMMISSION
CHIEF PROCUREMENT OFFICER
Bid No. 26-25 Cobble Mountain Unit 3 Valve Replacements
CAPITAL PROJECT
Sealed bids for a Prime Contractor contract are requested by the Springfield Water and Sewer Commission’s
(SWSC) Chief Procurement Officer. Bidding procedures are per Massachusetts General Laws (MGL) Chapter 149 as amended and other applicable statutes.
In accordance with Section 44D of Chapter 149 of the General Laws of Massachusetts as amended, the prospective
General Bidders and Filed Sub-Bidders must submit with their Bid, a certificate of eligibility issued by the Division of Capital Asset Management and Maintenance (DCAMM), showing that the Bidder has been approved to bid on projects of the size and nature as advertised herein. Prospective General Bidders and Filed Sub-Bidders must also submit an updated statement summarizing their record for the period between the latest DCAMM certificate and the date of the Bid submittal. The DCAMM certificate of eligibility to be submitted by the General Bidder shall be for the category of work defined as “MECHANICAL SYSTEMS” The DCAMM certificate of eligibility to be submitted by the Filed Sub-Bidders shall be for the category of work for which they are submitting a Bid.
This project is expected to be funded in part by the Department of Energy under the terms of Section 243 of the
Energy Policy Act of 2005 (EPAct 2005), Hydroelectric Efficiency Improvement Incentives, as amended by Section
40332 of the Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Build America, Buy America Act and also may be funded in part by the Water Infrastructure Finance and Innovation Act (WIFIA) and Bidders’ attention is drawn to the WIFIA/DOE requirements contained in the bidding documents.
Bids for Prime/General Contractor will be accepted by the Chief Procurement Officer at the Springfield Water and
Sewer Commission John J. Lyons Administration Building, 250 M Street Ext., Agawam, MA until 2:00PM EDT on May 8th, 2026, at which time they will be publicly opened and read.
Bids from Subcontractors will be accepted by the Chief Procurement Officer at the Springfield Water and Sewer
Commission John J. Lyons Administration Building, 250 M Street Ext., Agawam, MA until 2:00 PM EDT on April
24th, 2026, at which time they will be publicly opened and read. Sub-Bids with the required Bid deposit will be received for the following items of work:
Subtrades
Plumbing
Electrical Work
Project Description:
The Cobble Mountain Hydroelectric Station Unit 3 uses two large butterfly isolation valves, an electric motor-operated Upper Isolation Valve and a hydraulically controlled Lower Isolation Valve—for penstock and turbine shutoff. Both valves, original to the 1930s, are corroded, leak excessively, and have surpassed their design life, prompting a modernization project to replace them and the associated components with modern equipment rated for a 50-year lifespan. The new valves will be custom fabricated to fit the same footprint as the existing valves, eliminating the need for penstock modifications. The Project is estimated not to exceed $2,500,000. The procurement specifications include an alternative bid option to obtain cost and schedule information for also replacing Unit 1 valves, identical to the Unit 3 scope.
Two pre-bid meetings have been scheduled; one on February 25th, 2026 at 10:00 AM, and the other on March 2, 2026 at 10:00 AM. The pre-bid meetings will be held on-site starting at Springfield Water & Sewer Commission’s West Parish Filtration Plant, 1515 Granville Road, Westfield, MA. Meetings will commence in the main building lobby and then proceed to the Cobble Power Plant site. Due to parking limitations, a shuttle van will facilitate transport to the Power Plant. Visits may be broken into two or more groups depending on number of attendees.
Bidders are required to attend one of the two pre-bid meetings in order to be able to submit a bid for evaluation.
NOTE: for safety reasons, hard hats, safety glasses, steel toes, and high visibility vests are required of all attendees.
Addendum No 3, Attachment No 1
Bid Forms and Contract Documents will be available on February 9, 2026 at www.biddocs.com (may be viewed electronically and downloaded at no cost) or hard copies may be purchased online at www.biddocs.com or at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (978-568-1167).
Contractor must agree to pay Davis Bacon wage rates or MA Prevailing Wage rates whenever applicable. The
SWSC reserves the right to waive any informality in, or to revoke, any or all bids, if in the public interest to do so.
All questions regarding bid or its specifications must be made in writing and received by the Chief Procurement
Officer by April 17th, 2026 in order to be considered (contact: edward.sweeney@waterandsewer.org). All questions regarding Filed Sub-Bids are due April 3rd, 2026.
Edward J. Sweeney, Chief Procurement Officer
Springfield Water and Sewer Commission
Note to Newspaper: Please publish the above only under the heading "Legal Advertisements" on the following date: February 9th, 2026. Please refer to SWSC Bid No 26-25 when invoicing.
https://biddocs.com/ mailto:edward.sweeney@waterandsewer.org
ATTACHMENT #2
Cobble Mountain Valve Replacements Invitation To Bid
SWSC Bid No. 26-25 00020-1
SECTION 00020
INVITATION FOR BIDS
Cobble Mountain Unit 3 Valve Replacements
SWSC Bid No. 26-25
The Springfield Water and Sewer Commission, Springfield, Massachusetts, “Commission, “Owner”, “SWSC” or the “Awarding Authority”), is seeking sealed bids for the Project: Cobble
Mountain Unit 3 Valve Replacements (SWSC Bid No. 26-25), in the Town of Granville, Massachusetts.
Sealed bids of Filed Sub-Bid Subcontractor will be received at the Offices of the
Springfield Water and Sewer Commission, 250 M Street Extension, Agawam, MA 01101 or by mail at the Springfield Water and Sewer Commission, 250 M Street Extension, Agawam, MA 01101 until April 24th, 2026, 2:00 PM. at which time all bids will be publicly opened and read aloud.
Sealed bids Of Prime/General Contractors will be received at the Offices of the Springfield Water and Sewer Commission, 250 M Street Extension, Agawam, MA 01101 or by mail at the
Springfield Water and Sewer Commission, 250 M Street Extension, Agawam, MA 01101 until
May 8th, 2026, 2:00 PM. at which time all bids will be publicly opened and read aloud.
The bidding and award of the Contract shall be in full compliance with Chapter 149 of the General
Laws of the Commonwealth of Massachusetts as last revised. Complete instructions for filing Bids are included in the Instructions to Bidders.
Bidders shall note that the United States Postal Service and major commercial delivery or package express companies deliver to the business office at 250 M Street Extension. It is the Bidder’s responsibility to ensure that their proposal is received at the office of the Commission by the closing date and time.
Bid Forms and Contract Documents will be available on February 9, 2026 at www.biddocs.com (may be viewed electronically and downloaded at no cost) or hard copies may be purchased online at www.biddocs.com or at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (978-568-1167).
Two pre-bid meetings have been scheduled; one on February 25th, 2026 at 10:00 AM, and the other on March 2, 2026 at 10:00 AM. The pre-bid meetings will be held on-site starting at Springfield Water & Sewer Commission’s West Parish Filtration Plant, 1515 Granville Road, Westfield, MA. Meetings will commence in the main building lobby and then proceed to the Cobble Power Plant site. Due to parking limitations, a shuttle van will facilitate transport to the Power Plant. Visits may be broken into two or more groups depending on number of attendees. Bidders are required to attend one of the two pre-bid meetings in order to be able to submit a bid for evaluation. NOTE: for safety reasons, hard hats, safety glasses, steel toes, and high visibility vests are required of all attendees.
Addendum No 3, Attachment No 2 www.biddocs.com www.biddocs.com
SWSC Bid No. 26-25 00020-2
Nature and scope of work:
Springfield Water & Sewer Commission (SWSC) owns the Cobble Mountain Hydroelectric
Project and the project is operated by Holyoke Gas & Electric (HG&E). The Project is located in the Town of Granville, Massachusetts and was constructed circa 1930. HG&E, on behalf of the
Owner SWSC, hereafter referred to as HG&E or the Owner’s Project Manager (OPM), has scheduled Cobble Mountain Unit 3 for a major unit overhaul with the scope of this project limited to the replacement of valves and associated work.
The Contractor will be responsible for the work described in general as:
1. Removal and disposal of the existing 84-inch upper isolation valve and 72-inch lower isolation valve for Unit 3
2. Engineering, supply, and installation of one new 84-inch upper isolation valve for
Unit 3
3. Engineering, supply, and installation of 84-inch blind flange for the upper isolation valve for Unit 3
4. Engineering, supply, and installation of one new 72-inch lower isolation valve for
Unit 3
5. Provisions including temporary cofferdam and dewatering system to keep Penstock 3 dewatered during valve installation and also installation of penstock CRFP liner
(work by others).
and the following bid alternates:
6. Alternate pricing for removal and disposal of the existing 84-inch upper isolation valve and 72-inch lower isolation valve for Unit 1
7. Alternate pricing for engineering, supply, and installation of one new 84-inch upper isolation valve for Unit 1
8. Alternate pricing for engineering, supply, and installation of one new 72-inch lower isolation valve for Unit 1
9. Alternate pricing for provisions including temporary cofferdam and dewatering system to keep Penstock 1 dewatered during valve installation and installation of penstock CRFP liner (work by others).
10. Further scoping details are provided in associated Specification Sections;
The time for completion of this project is 814 calendar days from the date of the written Notice to
Proceed.
The estimated project value is: $2,500,000
All questions of Filed Sub-Bid Subcontractor must be made in writing and received by the SWSC Chief Procurement Officer, Edward J. Sweeney, no later than April 3rd, 2026, 4:30 PM EST, via the following contact: edward.sweeney@waterandsewer.org.
All questions of Prime/General Contractor must be made in writing and received by the
SWSC Chief Procurement Officer, Edward J. Sweeney, no later than April 17th, 2026, 4:30 PM
EST, via the following contact: edward.sweeney@waterandsewer.org.
mailto:edward.sweeney@waterandsewer.org
SWSC Bid No. 26-25 00020-3
All bids shall be accompanied by a bid deposit in an amount no less than five percent (5%) of the value of the bid, in the form of a certified, cashier’s or treasurer’s check issued by a responsible bank or trust company made payable to the Springfield Water and Sewer Commission or a bid bond.
A performance bond in an amount equal to 100 percent of the total amount of the bid will be required for faithful performance of the contract as well as Labor and Materials bond in an amount equal to 100 percent of the total bid amount. The surety company must be qualified to do business in the Commonwealth of Massachusetts, and the form of surety must be satisfactory to the
Springfield Water and Sewer Commission.
Every bid bond, performance bond, and payment bond issued for any construction work in the
Commonwealth of Massachusetts shall be the bond of a surety company organized pursuant to
Section 105 of Chapter 175 or of a surety company authorized to do business in the Commonwealth under the provisions of Section 106 of said Chapter 175 and be approved by the U.S. Department of Treasury and are acceptable as sureties and reinsurers on federal bonds under Title 31 of the
United States Code, sections 9304 to 9308.
The Springfield Water and Sewer Commission reserves the right to reject any or all bids if it is in the public interest to do so. The Springfield Water and Sewer Commission reserves the right to waive any informality in if deemed it its best interest to do so as may be allowed by statute.
General Contractors shall be required to comply with all applicable Massachusetts General Laws.
Bidders may not withdraw their Bids for a period of thirty days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the Bids.
Minimum Wage Rates as determined by the Executive Office of Labor and Workforce
Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D, as amended, apply to this project. It is the responsibility of the bidder, before bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract. Federal Minimum Wage
Rates as determined by the United States Department of Labor under the Davis-Bacon Act also apply to this project.
Payrolls and basic records must be maintained by the Contractor during the course of the work in conformance with the Davis-Bacon act. Payroll must clearly list specific job classification and wages for each employee and break down the time employee spent in each classification if employee does multiple types of work. It is highly recommended that emphasis be placed on receiving and reviewing certified payrolls by the contracting organization during the first weeks of construction activity. The Contractor must submit weekly records for each week in which any contract work is performed, a copy of all payrolls to the recipient, sponsor, or owner. They must keep records for a period of three years and periodically review certified payrolls to ensure that the prevailing wages and fringe benefits being paid are consistent with the applicable wage determination.
SWSC Bid No. 26-25 00020-4
This project is subject to a Department of Energy (DOE) 243 Grant. The final 243 Grant
Agreement is attached to these bid documents for the Contractor. This bid shall be in compliance with this grant. This compliance includes Build America Buy America (BABA) requirements which are defined in Section 3.17 of the 243 agreement. This project may be funded in part by the
Water Infrastructure Finance and Innovation Act (WIFIA). Potential bidders’ attention should be drawn to the associated WIFIA requirements contained in these bid documents.
The project requires compliance with the Department of Environmental Protection’s Diesel
Retrofit Program by use of after-engine emission controls that are EPA certified, or their equivalent, on all of the off-road (non-registered) diesel vehicles/equipment used at the job site.
DOE 243 Grant
As the Owner’s Project Manager and Operator of the Cobble Mountain Hydroelectric Station, Holyoke Gas & Electric (hereafter referred to as HG&E) will be receiving and managing all information related to the Department of Energy 243 Grant.
Contract Introduction
Pursuant to MGL c149 and applicable federal procurement and labor requirements, and under this Invitation for Bid (IFB), Competitive Bidding (Install Contractor Bid)
This procurement is funded in part by the U.S. Department of Energy (DOE) and is therefore subject to 2 CFR 200.317–200.327, Build America, Buy America Act (BABA), Davis Bacon Act
(DBA) for labor subject to prevailing wage, and Massachusetts General Laws including M.G.L.
c. 30B, M.G.L. c. 164 §56D and M.G.L. c. 149, §§ 26–27H.
Competitive Bidding (Material Bid)
The bidding and the award of the Purchase Order(s) shall be in full compliance with Chapter 164
Section 56D inclusive of the Massachusetts General Laws as amended as well as federal procurement or Buy American requirements for infrastructure projects required by U.S.
Department of Energy (DOE) grant funding. Per Massachusetts and federal procurement requirements, this is a formal competitive bid in which notice of this IFB will be posted in the
Central Register published by the Commonwealth of Massachusetts and this bid will remain open for 30 days. Bidders will be required to meet all relevant Massachusetts and federal requirements as shared in this IFB.
Prevailing Wage Rates
Prevailing wage rates, as established by the Massachusetts Department of Labor Standards and the U.S. Department of Labor, shall be paid to all contractor and subcontractor personnel engaged in work under this contract. In the event of a difference between federal and state
SWSC Bid No. 26-25 00020-5 prevailing wage rates, the higher rate shall apply. Contractors and subcontractors shall submit certified weekly payroll records and statements of compliance to HG&E as required under
M.G.L. c. 149, § 27B and applicable federal requirements. See section 00800 Attachment 2A for current prevailing wage rates.
Performance and Payment Bonds
The Contractor shall furnish both performance and payment bonds in the amount of 100% of the total value of the contract value including any price increases, in accordance with the Miller Act
(40 U.S.C. §§ 3131–3134).
Buy America (BABA) Requirements
Suppliers shall be responsible for ensuring that materials provided under all bid items are compliant with Buy America (BABA) requirements and for providing applicable documentation and certification to that extent. All materials are subject to the domestic preference requirements in § 70914 of the Build America, Buy America Act, (BABA) Pub. L. No. 117-58, div. G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021), which requires that all steel, iron, manufactured products, and construction materials used in the project be produced in the United States.
None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless:
1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
2. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. See 2 CFR 184.5 for determining the cost of components for manufactured products; and
3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. See
2 CFR 184.6 for construction material standards.
The Buy America Requirement only applies to those articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to the infrastructure in the project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the
SWSC Bid No. 26-25 00020-6 construction site and removed at or before the completion of the infrastructure project. Nor does a
Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
The Buy America Requirement only applies to an article, material, or supply classified into one of the following categories* based on its status at the time it is brought to the work site for incorporation into an infrastructure project:
i. Iron or steel products;
ii. Manufactured products; or
iii. Construction materials
The Buy America Requirement only applies to the iron or steel products, manufactured products, and construction materials used for the construction, alteration, maintenance, or repair of public infrastructure in the United States when those items are consumed in, incorporated into, or permanently affixed to the infrastructure. An article, material, or supply incorporated into an infrastructure project should not be considered to fall into multiple categories, but rather must meet the Buy America Preference Requirement for only the single category in which it is classified.
All iron and steel, manufactured products, and construction materials used in the infrastructure project must be produced in the United States.
*Section 70917(c) of the BABA states that “construction materials” do not include cement and cementitious materials, aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Section 70917(c) materials are excluded from Construction materials. Asphalt concrete pavement mixes are typically composed of asphalt cement (a binding agent) and aggregates such as stone, sand, and gravel. Accordingly, asphalt is also excluded from the definition of
Construction materials.
Section 70917(c) materials, on their own, are not manufactured products. Further, Section
70917(c) materials should not be considered manufactured products when they are used at or combined proximate to the work site-such as in the case with wet concrete or hot mix asphalt brought to the work site for incorporation. However, certain Section 70917(c) materials (such as stone, sand, and gravel) are used to produce a manufactured product, such as is precast concrete processed into a specific shape or form and is in such state when brought to the work site, then that product is subject to the BABA requirements.
SWSC Bid No. 26-25 00020-7
Further, clarification is provided in 2 CFR 184 on the circumstances under which a determination is made that Section 70917(c) materials should be treated as components of a manufactured product. That determination is based on consideration of: (i) the revised definition of the
“manufactured products” at 2 CFR 184.3; (ii) a new definition of “Section 70917(c) materials” at
2 CFR 184.3; (iii) new instructions at 2 CFR 184.4(e) on how and when to categorize articles, materials, and supplies; and (iv) new instructions at 2 CFR 184.4(f) on how to apply the Buy
America preference by category.
Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy
America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included in all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project.
Certification of Compliance
Recipients must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this Award.
Recipients must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow from all sub-awardees, contractors and vendors to the Recipient. Recipients must keep these certifications with the award/project files and be able to produce them upon request from
DOE, auditors or Office of Inspector General.
Waivers
When necessary, Recipients may apply for, and DOE may grant, a waiver from the Buy America
Requirement. Requests to waive the application of the Buy America Requirement must be in writing to the DOE Contracting Officer. Waiver requests are subject to review by DOE and the
Office of Management and Budget, as well as a public comment period of no less than 15 calendar days.
SWSC Bid No. 26-25 00020-8
Waivers must be based on one of the following justifications:
1. Public Interest - Applying the Buy America Requirement would be inconsistent with the public interest;
2. Non-Availability - The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
3. Unreasonable Cost - The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than
25 percent.
Requests to waive the Buy America Requirement must include the following:
1. Waiver type (Public Interest, Non-Availability, or Unreasonable Cost);
2. Recipient name and Unique Entity Identifier (UEI);
3. Award information (Federal Award Identification Number, Assistance Listing number);
4. A brief description of the project, its location, and the specific infrastructure involved;
5. Total estimated project cost, with estimated federal share and recipient cost share breakdowns;
6. Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns;
7. List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the Recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and
North American Industry Classification System (NAICS) codes for each;
8. A detailed justification as to how the non-domestic item(s) is/are essential the project;
9. A certification that the Recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and non-proprietary communications with potential suppliers;
10. A justification statement—based on one of the applicable justifications outlined above— as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the Recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America-compliant bids received for domestic products in response to a solicitation;
11. A description of the market research conducted that includes who conducted the market research, when it was conducted, sources that were used, and the methods used to conduct the research;
12. Anticipated impact to the project if no waiver is issued.
SWSC Bid No. 26-25 00020-9
DOE may request, and the Recipient must provide, additional information for consideration of this waiver. DOE may reject or grant waivers in whole or in part depending on its review, analysis, and/or feedback from OMB or the public. DOE’s final determination regarding approval or rejection of the waiver request may not be appealed. Waiver requests may take up to 90 calendar days to process.
EDWARD J. SWEENEY
CHIEF PROCUREMENT OFFICER
SPRINGFIELD WATER AND SEWER COMMISSION
250 M STREET EXTENSION
AGAWAM, MASSACHUSETTS 01001
END OF SECTION 00020
File details come from the government source that posted it. Updated .