W912WJ-17-Q-0103.pdf

BUFFUMVILLE LAKE PROJ OF

48 OLD OXFORD RD

CHARLTON MA 01507

TEL: FAX:

W13G8670343196

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912WJ-17-Q-0103 31-May-2017 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

12-Jun-2017(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

978/318-8720KIMBERLY B PUMYEA

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912WJ-17-Q-0103

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job BLV Solar Photovoltaic Panel Instal

FFP

Contractor shall provide all materials, equipment, and labor to install 21 kW solar photovoltaic system and a 100 ft. long vehicle sun shade/carport with associated components, monitoring system, and all necessary conductors and conduit at Buffumville Lake Project Office located at 48 Old Oxford Road, Charlton, Massachusetts in accordance with attached Statement of Work. In addition the Contracting Officer will also examine whether the low bidder can meet the requirements of the following definitive responsibility criterion shown in attached

DEFINITIVE RESPONSIBILTY CRITERION

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: W13G8670343196

PURCHASE REQUEST NUMBER: W13G8670343196

NET AMT

Section C - Descriptions and Specifications

DRC

DEFINITIVE RESPONSIBILITY CRITERION

In addition to examining the criteria in FAR 9.104-1, the Contracting Officer will also examine whether the low bidder can meet the requirements of the following definitive responsibility criterion. The apparent low bidder will be required to meet the following experience requirements: no more than three (3) projects completed within the last seven years that included installation of 21 kW solar photovoltaic panels systems to carport roofs, building roofs, or ground-mounted systems or other solar photovoltaic panel systems to include associated components, monitoring system and all necessary conductors and conduit.

The Contracting Officer will verify that the submitted project(s) meet the definitive responsibility criterion as part of the responsibility determination. Bidders are not required to submit documentation that demonstrates they have met this criterion at the time of bid. The Government will request such supporting documentation from the bidder anticipated to receive the award.

STATEMENT OF WORK

I. General

1. Scope of work

Furnish all equipment, materials and labor to install 21 kW solar photovoltaic system and a 100 ft. long vehicle sun shade/carport with associated components, monitoring system, and all necessary conductors and conduit. Solar system will be installed on the sun shade/carport structure. In addition, the installation shall include coordination with the local electrical service provider and connection to the local electrical system.

2. Location

The Buffumville Lake Project Office is located at 48 Old Oxford Road, Charlton, Massachusetts, 01507.

3. Site Visit Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact for the project is Jamie Kordack, 978-318-8399 or jamie.r.kordack@usace.army.mil

4. Schedule Work shall commence within 14 days after the Contractor receives the Notice to Proceed (NTP). The work shall be completed and ready for use no later than 120 days after the NTP.

The project area will be open to the contractor Monday through Friday 7:00 AM to 4:30 PM and all work must be done during those hours unless additional hours are approved by the Technical Point of Contact. No work shall be done on weekends or Government holidays.

mailto:jamie.r.kordack@usace.army.mil

5. Safety The contractor will comply with all pertinent provisions of the latest edition of the U.S. Army Corps of Engineers Safety and Health Requirements COE EM 385-1-1. A copy of COE EM 385-1-1 is available for reference at the project office or the manual may be viewed at the following link http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf.

The contractor shall also comply with all OSHA work safety standards. The project staff can and will order the cessation of work at any time should the safety of employees and visitors become jeopardized.

6. Preconstruction Conference

Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Preconstruction Conference”. The Contractor’s Project Manager and Quality Control Personnel will attend this meeting. This conference will be held at the time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the Preconstruction conference the contractor shall provide the name of the project superintendent and a telephone number for project coordination.

The following is a general list of items for discussion during this Preconstruction Conference:

i. Authority of the Technical Point of Contact and Quality Assurance Inspectors.

ii. Contractor’s Safety Program (including sub-contractors).

iii. First aid/CPR Requirements

iv. Accident Prevention Plan and Activity Hazard Analysis (Submitted & accepted prior to start of work on site)

v. Weekly Safety Meetings (Documented on NED Form 251)

vi. Accident Reporting (ENG Form 3394)

vii. Safety Data Sheet (SDS) requirements

viii. Correspondence, Communication, Administrative and Security Procedures.

ix. Invoice and payment.

7. Permits

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

8. Security The Contractor will comply with all established security policies at Buffumville Lake. Due to periods of heightened security that may affect the access to the areas covered under this contract, areas may be subject to periodic closures, which in turn may reduce or inhibit the Contractor’s ability to access certain areas. During periods of heightened security, the Government reserves the right, at any time, to close any property or portion of property and reschedule and/or cancel any subsequent service in an area. The Contractor shall be given at least 24 hour notice of any such closure.

9. Payment Payment(s) shall be made on a per job basis. After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, process, and total amount due per line item. For jobs greater than 30 days the Contractor may request progress payment.

All invoices may be mailed to:

USACE – Buffumville Lake 48 Old Oxford Road

Charlton, MA 01507

Or Emailed to jamie.r.kordack@usace.army.mil

II. Technical Requirements:

Part 1 General:

Existing Conditions:

The Buffumville Lake Project Office electrical service is currently provided by National Grid (NG). The service for the project is a 200 Amp/240 volts, three-phase system through a Cutler Hammer transfer switch located in an internal office closet space. The one (1) meter (single NG account) is mounted on the Northern exterior part of the building. A backup generator is located on property.

The carport and solar array will be located in the administrative parking lot at the Project Office.

The parking lot has 9 painted vehicle spaces that are 10 ft. wide by 18 ft. deep. Behind the spaces is a side walk and a chain link fence. The distance from the project location and the pole meter is approximately 275 feet. See Images 1-5 for more existing site conditions. As-built drawings of electrical plans are available upon request.

Requests for Information:

Requests concerning the work of this project should be directed to the Technical Point of Contact at the Buffumville Lake Project Office at 978-318-8399 or jamie.r.kordack@usace.army.mil.

Submittals:

Although the Government technically reviews submissions required by this scope of work, it is emphasized that the Contractor’s work must be prosecuted using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted to the Technical Point of Contact for review and accepted by the government prior to the commencement of any field activities.

• Product Specification Sheets – Prior to ordering system components. Including the following components:

o Photovoltaic Panels o Grid-tied Micro-inverters o Meter & Software Interface o Electrical system products o Carport

• Manufacturer Warranty for Photovoltaic panels, carport, and associated system components.

• Accident Prevention Plan (APP) – Prior to the Start of Field Work

• Activity Hazard Analysis (AHA) – Prior to the Start of Field Work

• As-Built Drawings: Drawings shall show the changes, both additions & deletion, to the electrical system completed during the contract and the relationship to the existing system. The drawing shall include sufficient detail and labeling to clearly identify the work completed during the contract. Drawing may be computer generated and be on a paper size no smaller than 8.5 inches x 11 inches.

Clean Up:

The Contractor shall practice good housekeeping to maintain a safe job site. The contractor shall keep the work area, including any storage areas, free from the accumulation of waste materials.

Upon completing work in an area the contractor shall remove any tools, equipment, and materials that are not the property of the government. Upon completion of work, the Contractor shall clean up the job site to the satisfaction of the Government.

Government Resources:

The contractor is responsible for providing all materials to complete the project. Unless specified in the contract, the Government will not provide any equipment, telephone services or other resources.

Contractor may set up equipment in a small parking lot located by the project area. The lot is approximately 3,600 sq. ft. Parking lot will be closed to public vehicles during installation. The Government will not be responsible for equipment left unattended.

Environmental Protection:

Containers for excess and/ or waste materials, rubbish, etc. shall be provided by the contractor at the site, and the site will be inspected/ cleaned on a daily basis. No burning is permissible.

Water, air and land resources shall not be adversely impacted during the course of the work.

Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met.

Omissions:

This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

Quality Assurance:

The Contractor is responsible for the quality control of the contract work. The Government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

Other Contracts:

The Government may undertake or award other contracts for additional work not related to this contract, and the Contractor shall fully cooperate with other Contractors and Government employees. The contractor shall not commit or permit any act, which will interfere with the performance of work by another contractor, or by Government employees.

Receiving and Storing Materials:

The Contractor is responsible for protecting any stored material until it is placed in service. The Contractor is responsible for receiving and unloading of delivered goods. Government employees will not receive material or supplies for the contractor and will not be responsible for damage to contractor equipment or material.

Part 2 Products:

Sustainability:

All products provided by the contractor must meet the recycled content requirements set forth by the EPA. Products that fall under these requirements are things such as insulation, restroom dividers, roofing materials, etc. The list of approved products is periodically updated, please check the EPA website for the most current list:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products.

All products must be covered by the Energy Efficiency Program set forth by the Department of Energy. Products that fall under this category will be water and energy efficient, and include light fixtures, gas water heaters, central air conditioners, windows/doors, etc. The list of products is periodically updated, please check the Department of Energy’s website for current accepted products: https://energy.gov/eere/femp/find-product-categories-covered-efficiency-programs.

1. Solar photovoltaic components shall meet the following requirements:

a. Install approximately sixty-five to eighty (65-80), minimum 275-Watt

Photovoltaic panels with the following characteristics to meet a 21kW Solar Photovoltaic System:

i. 25 year performance warranty with 10 year product warranty

ii. Self-cleaning tempered glass surface

iii. At least 16% module efficiency

iv. At least 60 solar cells per panel

v. Panels approximately 60” x 36”

vi. Anodized aluminum panel frames

vii. 15 amp fuse rating (Approximate) per panel

viii. Minimum operating temperatures from -40 degrees to 185 degrees Fahrenheit NOTE – The Solar World, Sunmodule SW series will satisfy the above requirements.

b. A Micro-inverter per solar panel (approximately sixty-five to eighty) with a minimum of 200Watts with the following characteristics:

i. Minimum 10 year warranty

ii. Minimum 96% inverter efficiency https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://energy.gov/eere/femp/find-product-categories-covered-efficiency-programs https://energy.gov/eere/femp/find-product-categories-covered-efficiency-programs

iii. Minimum 1.0A AC output current

iv. Maximum 10A DC usable input current

v. 180-260V AC output voltage range

NOTE – The Enphase M250 satisfies the above requirements.

c. Mount solar panel array on a full cantilever single column carport style shelter.

i. 100 ft. wide by 20 ft. deep by 10 ft. tall

ii. This solar ready carport is configured with one column every two car spaces for a maximum of 6 columns.

iii. Columns are to be located on the immediate end, curb side of parking lot, to create cantilever design.

iv. Column shall be painted a preapproved forest green color.

v. Beams shall be painted a preapproved forest green color.

vi. Solar Racking is 16 GA. Cold rolled galvanized steel

vii. Upwards roof tilt of 10 degrees due south

viii. Wind load: 90mph minimum

ix. Ground snow load: 40psf minimum

NOTE- The Carport Structures, Solar Carport Style Single Column- Single satisfies the above requirements.

d. All areas of roof structure not covered with solar panel array will be covered with an approved metal roofing material that also meets above wind loads and snow loads. Contractor shall supply color charts for structure and roofing material.

e. The contractor shall install two (2) electrical outlets under the carport which meets all building codes and compliances.

f. All electrical components, hardware and wire shall meet manufacturer’s recommendation for complete install for a ‘Turn-Key’ operation.

g. Data Acquisition System: Contractor shall furnish a standalone laptop computer interface to monitor electricity production and usage. System shall have capabilities for comparison of multiple years. System shall be directly wired to a single computer interface provided by the Contractor and have web based access capabilities The system shall have the following options:

i. Clear presentation and evaluation of the latest and archived data.

ii. Ability to compare panel performance.

iii. Automatic performance report output and alerts for faults or underperforming panels.

Part 3 Execution:

1. Installation:

Contractor shall install all products to manufactures recommendations in conformance with all applicable federal, state and local building electrical codes and following requirements:

a. All electrical work shall be performed by a Massachusetts licensed electrician and in accordance with MA Building Code and the National Electrical Code.

b. Rack supports shall be installed to manufactures specifications to adequately support the system based on site conditions.

c. All panels shall be mounted and arranged to the proper Pitch based on site conditions and location.

d. General location of panels and electrical wires

i. Trenching to a depth required and all lines run through conduit. The distance is approximately 275 feet.

ii. After wires and conduit are installed, trench shall be backfilled and topped with metallic tape in order to locate lines in the future.

iii. All lawn areas disturbed shall be covered with a minimum three (3) inches of screened loam, seeded and mulched to original or better condition. All disturbed driveway pavement shall be repaired to preconstruction condition.

iv. All exterior electrical lines will be run to the building where the meter socket and exterior emergency shut off will be located. Location to be recommended by Contractor and approved by the Technical Point of Contact.

v. All interior electrical lines will be run through the building to the area where, grid-tie in and monitoring equipment will be located. Location to be recommended by Contractor and approved by the Technical Point of Contact

vi. All connections with necessary hardware will be made to the existing commercial power. The Contractor shall coordinate all connection details with local utility company in order to ensure the grid tied system is 100% operable.

e. Contractor is responsible for any costs associated with necessary utility upgrades.

f. Monitoring system shall be installed in the office so staff may monitor power produced and used. The Technical Point of Contact will approve the location of monitoring system.

2. Testing and Training:

a. Contractor shall perform a complete system test to verify system operability and provide a baseline.

b. Contractor shall train staff to operate and maintain the complete system, including:

i. Normal Operational Mode

ii. Test Mode

iii. Emergency Mode

iv. Maintenance Mode

v. Standard faults and errors

vi. Metering/software for monitoring of production and usage

NOTICE TO OFFERORS

*SITE VISITS ARE HIGHLY RECOMMENDED PRIOR TO PROVIDING A QUOTE.

SEE CLAUSE 52.236-27 FOR ADDITIONAL INFORMATION. Offerors are notified that the basis for award is price alone.

*PLEASE DIRECT QUESTIONS TO KIM PUMYEA AT (978) 318-8720 or kimberly.b.pumyea@usace.army.mil. ANY INFORMATION RECEIVED AT THE SITE

VISIT WHICH CONFLICTS WITH THIS SOLICITAION SHOULD BE BROUGHT TO

THE ATTENTION OF MS. PUMYEA. THE SOLICITATION AND RESULTING

CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

** QUOTES CAN BE FAXED OR E-MAILED TO KIMBERLY B. PUMYEA AT (978) 318-

8207 or kimberly.b.pumyea@usace.army.mil. E-mail is the preferred method.

NOTE 1: In accordance with FAR Part 28.102-1(b)(1), the Contractor will be required to provide one of the following payment protections for all construction contracts greater than $35,000.00 but not greater than $150,000.00.

(i) Payment bond

(ii) Irrevocable letter of credit

A Payment Bond or Irrevocable Letter of Credit is the SELECTED payment protection for the Government. The penal amount of bond shall be 100% of the original contract price. If the contract price increases, the Government will require an increase in the penal sum of the existing bond. This bond shall be submitted to the Contracting Officer within 10 days after receipt of award.

NOTE 2:

QUOTATION INSTRUCTIONS:

1. If subcontractor will be used for this work, please provide company name and credentials/qualifications:

2. Contractors must be registered in the System for Awards Management (SAM) database (www.SAM.gov) to receive an award. (Formerly the Central Contractor Registration (CCR) database and the On-Line Representations and Certifications (ORCA).) Any reference to CCR or ORCA in any clause or provision is referring to the www.sam.gov website. Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.

IMPORTANT NOTICE: SAM registration may take up to three (3) weeks.

mailto:erin.e.bradley@usace.army.mil mailto:erin.e.bradley@usace.army.mil http://www.sam.gov/

SAM.gov registration takes approximately 3 weeks (DUNS registration 1-2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7-10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow-up with required tasks. SAM.gov registration does not have to be “active” to be able to submit a quote. However, contractors must have an active record before a contract award can be made. If SAM.gov registration is not completed in a timely fashion in accordance with the SAM.gov timelines, the Government reserves the right to disqualify the quote in accordance with FAR 52.204-7(d).

NOTE: SAM registration may take up to three (3) weeks. All contractors must have an active SAM.gov registration to be eligible for award.

3. Provide business DUNS number: _______________________________ (phone 800-333-0505 for DUNS).

4. Provide business CAGE code: __________________________________

5. Tax Identification Number: ___________________________________

6. Contractors shall provide completed FAR clause 52.204-8 (Annual Representations and Certifications) found in Section K of this solicitation with their quote, if the Contractors have not completed their annual representations and certifications electronically via the SAM website at www.sam.gov. (See Paragraph 2 above)

7. Contractors are not required to submit an Accident Prevention Plan (APP) with their quote. The successful offeror will be required to submit this document upon award. The APP must be accepted by the Government Designated Authority prior to the preconstruction conference.

8. POTENTIAL OFFERORS ARE NOTIFIED THAT THE BASIS FOR AWARD IS

LOWEST PRICE.

SECURITY REQUIREMENTS

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Technical Point of Contact not later than 5 calendar days after the completion of the training.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be http://www.uscis.gov/e-verify provided to the Technical Point of Contact no later than 3 business days after the initial award.

CLAUSES INCORPORATED BY REFERENCE

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 120 dys. ADC 1 BUFFUMVILLE LAKE PROJ OF

48 OLD OXFORD RD

CHARLTON MA 01507

FOB: Destination

E6R0710

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2016 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

NOV 2011

52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 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 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data 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 Operations 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 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2017).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are ncorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2017).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

http://www.acquisition.gov/far/ http://farsite.hill.af.mil

(d) Deleted

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Deleted

(g) Deleted

(h) Deleted

(End of clause) http://farsite.hill.af.mil/

-152.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT

2015)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.

(2) The small business size standard is $36,600,000.00

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ---- ___ ------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----- ___ -----.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ___ ) is, ( ___ ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ___ ) is, ( ___ ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ___ .) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(9) (Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.) The offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.