SPECS.PDF

THIS PROJECT IS ADVERTISED ON AN UNRESTRICTED BASIS

SOLICITATION NO: W91278-18-R-0061

CADD NO: MB17AU92

SPECIFICATIONS

FOR

DESIGN-BUILD

INSTALL 2MW PV SOLAR FARM

SOTO CANO AIR BASE, HONDURAS

“GOOD ENGINEERING RESULTS IN A BETTER ENVIRONMENT”

U.S. ARMY ENGINEER DISTRICT, MOBILE

109 St. Joseph St

Mobile, Alabama 36602

This page was intentionally left blank for duplex printing.

DESIGN-BUILD INSTALL 2MW PV SOLAR FARM W91278-18-R-0061

SOTO CANO AIR BASE, HONDURAS MB17AU92

CHECKLIST FOR PREPARATION OF OFFERS

Before sending your offer to us, review it for the following documents--without these, your offer could be rejected.

If you have questions, confusion, or doubts, contact the Project Office of the Corps of Engineers.

This checklist is designed for your convenience to assist you in completing your offer. Its completion does not guarantee that your offer will be acceptable. A complete and acceptable offer is solely the responsibility of the Contractor.

1. Your attention is directed to the following clause:

Section 00 45 00, FARS Clause 52.204-7, “System for Award Management”. LACK OF REGISTRATION IN THE SAM DATABASE WILL RENDER BIDDER INELIGIBLE FOR AWARD. Information on how to register and the time it takes is detailed in the clause.

2. Standard Form 1442 Titled “SOLICITATION, OFFER AND AWARD”

a. Is it signed in Block 20B? Yes (Y)___Not Applicable(NA) ___

b. Have you verified with the Project Office that you have received all Amendments? Have you acknowledged all Amendments using block 19? Y__ NA__

c. Is the complete, correct address of the company printed in Block 14? (ALSO INCLUDE YOUR TIN, DUNS, AND CAGE NUMBERS IN THIS BLOCK) Y__ NA__

d. Are the correct phone numbers, and fax numbers including country codes, included in Block 15? Y__ NA__

e. Is the mailing address of the company is different from the address in Block 14, is the mailing address written in Block 16? (ALSO INCLUDE YOUR EMAIL ADDRESS IN THIS BLOCK) Y__ NA__

f. If you are a Partnership or Joint Venture, have all partners or joint ventures signed in Block 20; or has authority properly been delegated pursuant to the provisions of the solicitation clause entitled JOINT VENTURE BID

REQUIREMENTS? Y__ NA__

g. . If you are a Joint Venture have you submitted your Joint Venture Agreement and taken the other actions necessary to comply with the “Joint Venture Bid Requirement” Clause? Y__ NA__ h.. Is the time you are allowing for acceptance of the offer, the same or longer than the time set out in block 13?.

Y__ NA__

3. Representations, Certifications, and Other Statements of the Offeror

Are all of the clauses in this section completed and signed in the appropriate places and returned attached to the offer? Y__ NA__

4. The Bidding Schedule

a. Is it completely filled out? Y__ NA__

b. It may not be altered either as to quantities or as to items offered. Y__ NA__

c. There can be no language of limitation either as to quantities or as to items offered. Y__ NA__

d. If you corrected your numbers, have you initialed these corrections? Y__ NA__

e. If the bidding schedule has been changed by Amendment, is the bidding schedule that you are submitting from the most recent amendment ? Y__ NA__

f. Do prices for each bid item include all costs, mark-ups and taxes (if any taxes are imposed)? Y__ NA__

g. Is the cost of obtaining your bid and performance guarantee included in the total bid price specified on the bid schedule? Y__ NA__

h. In preparing your bid, remember the Corps does not make advanced payments on its contracts Y__ NA__

5. Bid Guarantees

Did you attach a Bid Guaranty/ Letter of Credit Y__ NA_ If you are using a Bid Guaranty, does the Guaranty comply with the requirements set out in Section 00 21 16? Y__

NA__

Remember insurance policies are not acceptable Y_ If you are using a Letter of Credit, does it contain the exact language set out in section 00700? Y__ NA Is the amount of the Bid Guaranty/Letter of Credit equal to the amount required in section 00 21 16? Y__ NA__?

Is the time period of the Bid Guaranty/Letter of Credit equal to or greater than the period set out in block 13 of the

1442? Y__ NA__

Is there a Power of Attorney or other document attached that establishes the authority of the surety to sign the Bid Guaranty or Letter of Credit? Y__ NA__

6. Technical Documents that Pertain to Evaluation Factors, Award will be based on the specific factors set out in Section 00 12 00, “TRADE OFF BEST VALUE ACQUISITION (EVALUATION OF PROPOSALS).”

a. Have you responded to all the evaluation factors (if required by the solicitation)? Y__ NA__

b. Is a summary of the experience and special qualifications of your Administration staff included (if required by the solicitation)? Y__ NA__

c. Is a quality control plan included (if required by the solicitation)? Y__ NA__

d. Are time tables and schedules included (if required by the solicitation)? Y__ NA__

e. Is a current audit of your company’s financial status included or a certificate attached to a past audit stating the financial status has not changed since the time of the past audit (if required by the solicitation)? Y__ NA__

f. Is a list of the contracts you are currently working on attached (if required by the solicitation)? Y__ NA__

g. Have you included a list of the names and phone numbers of references for whom you have done past contracts (if required by the solicitation)? Y__ NA__

7. Pre-award Information- Although not required to be submitted with the solicitation, the pre-award information is necessary for award. A detailed list of this information is found in the Pre-Award Clause in the solicitation.

Submission of this information with your offer will expedite the award process.

a Your latest financial statement Y__ NA__

b. Your present financial commitments Y__ NA__

c. Your banking institutions and financial resources Y__ NA__

All your documents must be in English

Table of Contents - Page 1

TABLE OF CONTENTS

CHECKLIST FOR PREPARATION OF OFFERS

BIDDING REQUIREMENTS

Contract Clauses

STANDARD FORM 1442 - SOLICITATION, OFFER, AND AWARD

DEFENSE BASE ACT (DBA) CLAUSES

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT)

CLAUSE

BIDDING SCHEDULE

EXPLANATION OF BID ITEMS

STANDARD FORM 24 - BID BOND

STANDARD FORM 28 - AFFIDAVIT OF INDIVIDUAL SURETY

STANDARD FORM LLL - DISCLOSURE OF LOBBYING ACTIVITIES

00 11 00 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

00 12 00 EVALUATION CRITERIA AND BASIS OF AWARD

00 21 16 INSTRUCTION TO PROPOSERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00700 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 ADDITIONAL SPECIAL CONTRACT REQUIREMENTS

01 00 01 GENERAL CONTRACT REQUIREMENTS

CESAM FORM 1151, PROMPT PAYMENT CERTIFICATION AND

SUPPORTING DATA FOR CONTRACTOR PROGRESS PAYMENT INVOICE

01 10 10 DESIGN REQUIREMENTS

01 10 12 DESIGN AFTER AWARD

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

SUBMITTAL REGISTER

FORM 4025

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 42 15 METRIC MEASUREMENTS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

SAM FORM 696

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 23 OPERATION AND MAINTENANCE DATA

APPENDICES

APPENCIX A GENERATOR FARM AS BUILTS

APPENDIX B SITE SURVEY

APPENDIX C PROPOSED PV PANEL LAYOUT

APPENDIX D LOAD DATA

APPENDIX E EXAMPLE PV STRUCTURE

APPENDIX F PROPOSED SINGLE LINE

Table of Contents - Page 2

APPENDIX G PREVIOUS BARRIER PROJECT

--End of Project Table of Contents--

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W91278-18-R-0061

2. TYPE OF

SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

21 MAY 2018

PAGES OF PAGES

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

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

6. PROJECT NO.

MB17AU92

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S. ARMY ENGINEER DISTRICT, MOBILE

CONTRACTING DIVISION (CESAM-CT)

109 SAINT JOSEPH STREET

MOBILE, AL 36628-0001

SAME AS BLOCK 7

IF HAND CARRIED, DELIVER TO

ROOM 1009

9. FOR INFORMATION

CALL :

A. NAME

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

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

DESIGN-BUILD INSTALL 2MW PV SOLAR FARM, SOTO CANO AIR BASE, HONDURAS

* See Section 01 00 00, Paragraph “COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK”.

**Block 13A. : Refer to Section 00 11 00 for the number of copies to submit with the original offer.

11. The Contractor shall begin performance within _8____ calendar days and complete it within __*__ calendar days after receiving award, notice to proceed.

This performance period is mandatory, negotiable. (See _ __ .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ___**___ copies to perform the work required are due at the place specified in Item 8 by _1400_ (hour) local time 5 JULY 2018 (date). If this is a sealed bid solicitation, offers must 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.

B. An offer guarantee is, is not required.

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.

D. Offers providing less than __120__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

Prescribed by GSA FAR(48 CFR) 53.236-1(e)

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

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(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

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions 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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (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

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. 4-85)

DEFENSE BASE ACT CLAUSES – PAGE 1

DEFENSE BASE ACT INSURANCE RATES – LIMITATION – FIXED-PRICE

The mandatory DBA insurance requirement through the Continental Insurance Company (CNA) is hereby removed in its entirety and is converted to commercially available DBA insurance coverage from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

UAI 5128.305-100 Overseas workers' compensation and war-hazard insurance.

(a) U.S. Army Corps of Engineers (USACE) contractors shall obtain commercially available Defense Base Act (DBA) insurance from an insurance carrier authorized by Department of Labor (DOL), unless the contractor is under a self-insurance program approved by DOL or performance of work is in a location country with a current DOL waiver. DOL-approved carriers and self-insured employers that are currently authorized to write coverage under the Longshore and Harbor Workers’ Compensation Act and/or extensions for DBA insurance are listed at http://www.dol.gov/owcp/dlhwc/lscarrier.htm with “DB” in the “Acts Covered” column. See below USACE Desk Guide 5128.305-2 below for required documentation for open market DBA insurance carriers.

UDG 5128.305-2 Required documentation for open market DBA insurance carriers.

Defense Base Act (DBA) insurance carriers and their respective brokers require detailed information prior to quoting and/or setting prices for DBA insurance policies. In order to ensure contractors forward DBA insurance brokers a complete and detailed application, and to avoid delays in the application process, contracting officers shall ensure contractors are aware of the information required, which includes, but is not limited to, the following:

(a) Full Name of Insured or Company and Complete Mailing Address

(b) Telephone Number and Fax Number

(c) Contact Person

(d) Email for Contact Person

(e) Coverage Effective Date

(f) Contract or Task Order Number

(g) Clear description of operations (scope/statement of work, etc.)

(h) Performance location(s)

(i) Estimated size of payroll (total labor cost)

(j) Description of security measures at each site, if applicable

(k) Description of medical facilities at each site, if applicable

(l) Description of evaluation plans, if applicable

(m) Description of loss (claims) information, if applicable

DEFENSE BASE ACT CLAUSES – PAGE 2

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy with an authorized DOL carrier for the Prime and their Subcontractor’s at every tier prior to performance of the contract.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable. Every subcontractor shall procure its own DBA Insurance coverage directly from an authorized DOL carrier.

(d) Claims Reporting - The Contractor shall make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor’s contract. The Contractor’s Safety Officer shall, in addition to any other duties required to be performed under the contract, perform the following:

(i) Make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract; and

(ii) Make monthly written reports to the Contracting Officer, Administrative Contracting Officer, and the District/Center Safety and Occupational Health Manager, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee, and the current status of each claim.

The District/Center Safety and Occupational Health Manager POC is:

Chief of Safety and Occupation Health 109 Saint Joseph Street Mobile, AL 36602

(e) The Insurance carrier/Broker will conduct periodic audits of actual contractor payroll amount. When a return is due for over payment of premium on specific audit, such returned premium shall be returned to the U.S. Department of Treasury.

(f) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act), from an authorized DOL carrier for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause your contract to be terminated for default/cause.

END OF DBA CLAUSES

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 1

225.371-5 Contract clauses.

(a) Use the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, instead of the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States, in solicitations and contracts that authorize contractor personnel to accompany U.S. Armed Forces deployed outside the United States in—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the combatant commander.

252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED

FORCES DEPLOYED OUTSIDE THE UNITED STATES.

As prescribed in 225.371-5(a), use the following clause:

CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED

STATES (OCT 2015)

(a) Definitions. As used in this clause—

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S.

Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments).

Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Designated operational area” means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations.

“Designated reception site” means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

“Non-CAAF” means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 2

operational area) who perform support functions away from the close proximity of, and do not reside with, U.S.

Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Subordinate joint force commander” means a sub-unified commander or joint task force commander.

(b) General.

(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the United States to support U.S. Armed Forces deployed outside the United States in—

(i) Contingency operations;

(ii) Peace operations, consistent with Joint Publication 3-07.3; or

(iii) Other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor personnel are only authorized to use force for individual self-defense.

(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel supporting the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(5) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.

106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 3

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized.

(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;

(iii) United States regulations, directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that CAAF and non-CAAF are aware—

(i) Of the DoD definition of “sexual assault” in DoD Directive 6495.01, Sexual Assault Prevention and Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following:

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 4

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause.

(iii) That this section does not create any rights or privileges that are not authorized by law or DoD policy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;

(v) To any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(8)(i) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces are aware of their rights to—

(A) Hold their own identity or immigration documents, such as passport or driver’s license, regardless of the documents’ issuing authority;

(B) Receive agreed upon wages on time;

(C) Take lunch and work-breaks;

(D) Elect to terminate employment at any time;

(E) Identify grievances without fear of reprisal;

(F) Have a copy of their employment contract in a language they understand;

(G) Receive wages that are not below the legal host-country minimum wage;

(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and

(I) If housing is provided, live in housing that meets host-country housing and safety standards.

(ii) The Contractor shall post these rights in employee work spaces in English and in any foreign language(s) spoken by a significant portion of the workforce.

(iii) The Contractor shall enforce the rights of Contractor personnel supporting the U.S. Armed Forces.

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for each category will be specified in the statement of work or elsewhere in the contract):

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 5

(i) All required security and background checks are complete and acceptable.

(ii) All CAAF deploying in support of an applicable operation—

(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;

(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue); and

(C) Have received all required immunizations as specified in the contract.

(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific immunizations and/or medications not available to the general public.

(2) All other immunizations shall be obtained prior to arrival at the deployment center.

(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the designated operational area a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731, International Certificate of Vaccination or Prophylaxis as Approved by the World Health Organization, (also known as "shot record" or "Yellow Card") that shows vaccinations are current.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center.

(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contactor personnel traveling under DoD sponsorship.

(v) All deploying personnel have received personal security training. At a minimum, the training shall—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(C) Identify ways to utilize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

(vii) Personnel have received law of war training as follows:

(A) Basic training is required for all CAAF. The basic training will be provided through—

(1) A military-run training center; or

(2) A web-based source, if specified in the contract or approved by the Contracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that—

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 6

(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C.

3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S.

diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).

(v) Such employees are required to report offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(vi) Such employees will be provided victim and witness protection and assistance.

(f) Processing and departure points. CAAF shall—

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures.

(g) Personnel data.

(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system, to enter and maintain the data for all CAAF and, as designated by USD(AT&L) or the Combatant Commander, non-CAAF supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause.

(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and shall continue to use the SPOT web-based system at https://spot.dmdc.mil to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status of individual Contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT Business Rules at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 7

the continuity of essential Contractor services during designated operations, unless, after consultation with the Contracting Officer, Contracting Officer’s representative, or local commander, the Contracting Officer directs withdrawal due to security conditions.

(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non-CAAF, at the end of their employment under this contract).

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and

(ii) Carry the written authorization with them at all times.

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons for individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, Operational Contractor Support. The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the Contracting Officer will notify the Contractor what weapons and ammunition are authorized.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and

(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 8

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition;

(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and

(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense.

(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are supporting U.S. Armed Forces deployed outside the United States in—

(1) Contingency operations;

(2) Peace operations consistent with Joint Publication 3-07.3; or

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) CLAUSE – PAGE 9

(3) Other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.

(End of clause)

Bid Schedule page 1 of 3

BIDDER'S NAME:________________________________________________________

BIDDING SCHEDULE

Item Estimated Unit Estimated No. Description Quantity Unit Price ____ Amount_____

BASE BID

1. Construct 1.5 MW Solar 1 Job XXX ___________ Farm

2. Design after Award 1 Job XXX ___________

3. IVA Tax 1 Job XXX ___________

4. AT/OPSEC 1 Job XXX ___________

5. DBA Insurance 1 Job XXX ___________

Total Base Bid ___________

BID OPTION NO. 1

6. Add Solar Arrays 1 Job XXX ___________

.25 MW

7. Design after Award 1 Job XXX ___________

8. IVA Tax 1 Job XXX ___________

9. AT/OPSEC 1 Job XXX ___________

10. DBA Insurance 1 Job XXX ___________

Total Bid Option No. 1 ___________

BID OPTION NO. 2

11. Add Solar Arrays 1 Job XXX ___________

.25 MW

12. Design after Award 1 Job XXX ___________

13. IVA Tax 1 Job XXX ___________

14. AT/OPSEC 1 Job XXX ___________

15. DBA Insurance 1 Job XXX ___________

Total Bid Option No. 2 ___________

Total Base Bid Plus All Options ___________

Bid Schedule page 2 of 3

NOTES FOR BIDDING SCHEDULE

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest bid schedules as published in the solicitation or the latest amendment thereto.

In lieu of indicating additions/deductions to bid items, all bidders should state their revised prices for each item. The company name should be indicated on the face of the bidding schedule to preclude being misplaced.

NOTE NO. 2. Bidders must insert a price on all numbered items of the Bidding Schedule. Failure to do so will disqualify the bid.

NOTE NO. 3. If a modification to a bid is submitted and provides for a job adjustment to the total estimated cost, the application of the job adjustment to each unit price and/or job price, in the bid schedule must be stated or, if it is not stated, the bidder agrees that the job adjustment shall be applied on a prorata basis to every bid item in the bid schedule.

NOTE NO. 4. CONDITIONS GOVERNING EVALUATION OF BIDS AND AWARD OF CONTRACTS.

Only one contract will be awarded on this Bid Schedule. Proposals will be evaluated in accordance with Section 00 12 00 and in accordance with the following clause:

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of clause)

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise Bid Options by written notice to the Contractor within 120 calendar days of Notice to Proceed.

NOTE NO. 5. The programmed amount (PA) is $12,600,000.00. Please note that the PA is subject to costs for Government supervision and overhead and amounts set aside by the Government for contingencies.

NOTE NO. 6. CHECKLIST FOR THE BIDDING SCHEDULE:

a. Is it completely filled out? Y__ NA__

b. It may not be altered either as to quantities or as to items offered. Y__

NA__

c. There can be no language of limitation either as to quantities or as to items offered. Y__ NA__

d. If you corrected your numbers, have you initialed these corrections? Y__

NA__

Bid Schedule page 3 of 3

e. If the bidding schedule has been changed by Amendment, is the bidding schedule that you are submitting from the most recent amendment ? Y__ NA__

f. Do prices for each bid item include all costs, mark-ups and taxes (if any taxes are imposed)? Y__ NA__

g. Is the cost of obtaining your performance and payment bond included in the total bid price specified on the bid schedule? Y__ NA__

h. In preparing your bid, remember the Corps does not make advanced payments on its contracts Y__ NA__

i. Is the DBA insurance certification filled out and submitted with the Bidding Schedule? Y___ NA____

END OF BID SCHEDULE

EXPLANATION OF BID ITEMS

GENERAL: This section comprises an explanation of the bid items identified in the bid schedule. This section is a general scope of work for the bid items described in the bid schedule and is not intended to be all encompassing in the descriptions. All work specified herein shall be accomplished in accordance with the procedures prescribed in the technical provisions of the specifications and the plans/details as shown on the contract drawings. The Contractor shall bid each type of work under the applicable bid item. Measurement for payment will not be made. Payment described for the various bid items will be full compensation for all labor, materials, and equipment required to complete the work. Compensation for any item of work described in the contract but not listed in the bid schedule shall be included in the payment for the item of work to which it is made subsidiary.

BASE BID

BID ITEM NO. 1: 1.5 MW Photovoltaic System

Includes all costs for labor, materials, equipment, etc., and all other items necessary and incidental to construct a 1.5 MW PV system, Soto Cano Air Base, Honduras, in general accordance with the 01 10 10 RFP documents and supporting drawings and project specifications. The purpose of the PV system to minimize fuel usage of the existing prime power generation facility. The system shall be backed up with a battery powered 1.5MW Grid Stability Module. The new system will be stepped up to 34.5kV @ 60HZ to match the existing distribution voltage of the base. Item includes all foundations, clearing and grubbing, structural, fencing and electrical herein to make a complete usable system and indicated in the 0-1 10 10 and any other associated items not specifically named but identified on the drawings, RFP or specifications.

BID ITEM NO. 2: DESIGN AFTER AWARD

Includes all costs for labor, materials, equipment, etc., and all other items necessary and incidental to the Design After Award for the 1.5 MW PV system, Soto Cano Air Base, Honduras, in general accordance with the 01 10 12 and project supporting…