Inactive Total Small Business Set-Aside (FAR 19.5)

General: This is a non-personal services contract to remove and replace (8) heating water boilers within (6) buildings at the USDA Northern Great Plains Research Center, in Mandan, ND. USDA shall not ... General: This is a non-personal services contract to remove and replace (8) heating water boilers within (6) buildings at the USDA Northern Great Plains Research Center, in Mandan, ND. USDA shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to USDA. The goal is to support mission accomplishment by providing reliable, safe, and more efficient facility heat for occupants, users, and visitors to facilities identified under this contract. To meet this goal, close coordination is required between the Contractor and the Contracting Officer’s Representative (COR) to efficiently replace the boilers, while minimizing disruptions to operations within the facilities. Description of Services: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services, except for those items specified as USDA furnished property and services, necessary to provide fully functioning replacement boilers for the existing boilers listed in the table below. The Contractor shall perform to the standards defined in this Performance Work Statement (PWS). During the performance of this contract USDA reserves the right to add or delete boilers. A modification to the contract will be executed to incorporate these changes. Building No./ Boiler No. Brand Installation Year Model BTU/HR Output 2 / 2.1 Hydro-Therm 1991 HI-165B 165,000 2 / 2.2 Hydro-Therm 1991 HI-165B 165,000 3 / 3.1 Hydro-Therm 1991 HI-165B 165,000 3 / 3.2 Hydro-Therm 1991 HI-165B 165,000 4 / 4.1 Hydro-Therm 1994 HI-85B 85,000 7 / 7.1 Peerless 1983 MMW-115A-WC 115,000 18 / 18.1 RayPak 1996 H4-0133B-BEDRBDA 136,000 28 / 28.1 Hydro-Therm 1991 HI-125B 125,000 1.2 Period of Performance: The period of performance (POP) shall be 365 calendar days. 1.3 Place of Performance: The work to be performed under this contract will be performed within building 2, 3, 4, 7, 18, and 28 at the United States Department of Agricultural Northern Great Plains Research Center, 1701 10th Ave SW, Mandan, ND 58554, identified on Appendix B. 1.4 Hours of Operation: The Contractor is responsible for providing services between the hours of 0800 to 1630, Monday through Friday except Federal holidays or when the facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Work Coordination: The Contractor’s service personnel shall contact the facility maintenance lead, Michael Eberle, at (701) 667-3075 on each visit to the Facility prior to beginning work that day to relay what work is being completed during the visit, and to gain access to the individual buildings. 1.6 Federal Observed Holidays: New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day 1.7 Quality Control Program (QCP): The Contractor shall develop, implement and maintain an effective QCP to ensure services are performed in accordance with (IAW) this PWS. The QCP, including changes, shall be forwarded to and accepted by the Contracting Officer (CO). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies and shall review the plan with his onsite personnel to ensure complete understanding. The Contractor’s QCP is the means by which the Contractor assures that the work complies with the requirement of the contract. The QCP must be provided within 30 days of the notice to proceed and shall be kept current, reflecting the pertinent contract modifications and building changes or conditions, with updates being submitted within five (5) days of changes being made. The QCP must be IAW the Performance Requirements Summary (PRS) of this contract. The plan shall include but is not limited to the following: The name of the Project Manager A communication plan that shall describe methods of direct and indirect communication with USDA-ARS regarding performance of the contract. The Contractor shall give immediate written notice to the CO or COR of any condition which is discovered that may present a hazard to either the equipment or passengers. The method(s) for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable. On site records of all inspections conducted by the Contractor and necessary corrective action taken. This documentation shall be made available to the CO and/or COR during the term of the contract. A contingency plan to provide for continuing service for the boiler replaceent in the event of employees’ absences, strikes or work stoppages. Work stoppage or strike participation by Contractor personnel against the Contractor does not relieve the Contractor of his responsibility to fulfill the requirements of this PWS. 1.8 Contractor Performance Assessments: The Contractor will evaluate his contract services, correcting any deficiencies, which deviate from the commercially acceptable standard for heating water boilers. The Contractor shall furnish a copy of the evaluation/inspection reports to the designated COR for this contract as requested. 1.9 USDA-ARS Performance Assessments: USDA-ARS performance assessments apply to administrative work and physical work performed onsite. The COR will evaluate the contractor's performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what USDA-ARS must do to ensure that the contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). Although USDA-ARS may develop a QASP, USDA-ARS surveillance of Contractor performance is not limited to the QASP or the performance objectives, incentives/remedies, etc. USDA-ARS has the right to inspect and test all services called for by the contract and commitments made by the Contractor during the solicitation process, to the extent practicable at all places and times during the term of the contract. USDA-ARS will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, USDA-ARS may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, USDA-ARS may: (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, and (2) reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, USDA-ARS may: (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by USDA-ARS that is directly related to the performance of such service, or (2) terminate the contract for default. "Services", as used in this clause, includes services performed, workmanship, and material furnished or used in performing services. 1.9.1 A USDA-ARS Inspector may accompany Contractor personnel during work visits to observe and / or ask for explanation of work performed. The intent is not to delay the Contractor in any way. 1.9.2 Performing quality assurance in accordance with the PWS does not preclude USDA-ARS from conducting inspections as defined in Federal Acquisition Regulation (FAR) 52.212-4 Contract Terms and Conditions for Commercial Items for Inspection/Acceptance. 1.9.3 If performance or quality measures are not being met by the Contractor, USDA-ARS will revisit the QCP and may request revisions. Upon review of the plan and related documents, USDA-ARS will take appropriate action to ensure that all quality and performance measures are met as specified in this contract. 1.9.4 If it is found that the boilers and associated equipment have deficiencies, the Contractor will be notified of these deficiencies and it shall be their responsibility to make the necessary corrections within three (3) calendar days. 1.10 Type of Contract: USDA-ARS will award a performance-based commercial services contract. This means that USDA-ARS has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether finished work meets USDA-ARS quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security or communication requirements. It is the intent of USDA-ARS to provide the Contractor the maximum amount of flexibility to propose an innovative approach, and to find the most efficient and cost-effective method for meeting the stated objectives and requirements. 1.11 Post Award Conference / Performance Evaluation Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO and COR shall have performance evaluation meetings with the Contractor to review the Contractor's performance as needed. At these meetings the CO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise USDA-ARS of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Meetings may be held quarterly thereafter as determined beneficial by USDA-ARS and Contractor. 1.12 Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.13 Personnel 1.13.1 Contractor Key Personnel: The Contractor shall provide a contract manager who shall be responsible for the performance of the work and shall be the central point of contact with the Government. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available from 0800 to 1630, Monday through Friday except Federal holidays or when the USDA-ARS facility is closed for administrative reasons. Since this is a performance-based contract, the manpower and labor mix of employees to perform this contract remain the discretion of the Contractor for all services. 1.13.2 Special Qualifications: Contractor personnel shall be certified by appropriate federal and state regulatory agencies to meet federal and local certification for boilers. All work shall be performed with, and under the supervision of, skilled and experienced boiler mechanics directly employed by the Contractor, in accordance will all applicable codes. Additionally, all work shall meet pertinent Unified Facilities Guide Specifications (UFGS) and ARS 242.1M standards. UFGS available at https://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs. ARS 242.1M available at https://www.afm.ars.usda.gov/ppweb/pdf/242-01m.pdf. Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are USDA/Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Employee Badges: The Contractor shall furnish each employee a contract identification badge that shall be conspicuously displayed when working. The ID badge shall include the full name of the employee, company name, a badge serial number and the employee’s picture. Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon USDA. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 USC 423 relative to release of acquisition related information, or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the Installation. Reporting and Record Keeping Requirements: Schedule: The Contractor shall provide a work schedule listing when each boiler will be replaced. The schedule shall be submitted to the COR NLT than 10 working days prior to commencing work on this PWS. Updates to the schedule shall occur as needed but not less than monthly. If deficiencies are identified that require repairs outside the scope of this contract, the Contractor shall notify the COR in writing within 24 hours upon discovery of the deficiency. Daily Action Reports: The Contractor shall notify the COR each day in writing of all work that was completed and the status of all boilers that have been shut down, upon departure. Payments: Payments shall be submitted on a monthly, fixed price basis. Projections between the time pay requests are submitted and the end of the month will not be permitted. The Contractor shall only be paid for actual time spent on the ground at the site; not for drive time to or from the location. Work shall not commence until a proposal for the work has been accepted and a funded delivery order has been issued by the CO. Environment and OSHA: The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the CO and/or the COR for final resolution. The Contractor shall notify the CO and COR in writing in addition to any verbal notification of such conflicts within 24 hours of occurrence. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the CO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the CO or COR. Security Requirements[WK-A1] [CJ-A2] : Personnel employed by the Contractor or any representative of, or agent of the Contractor, entering this facility shall conform to the facility security regulations. The Contractor shall provide all information required for background checks to meet facility access requirements as performed by the facility security office. Contractor personnel shall comply with all personal identity verification requirements as directed by USDA Security office. Physical Security: The Contractor shall safeguard all USDA equipment, information and property provided for Contractor use. At the close of each work period, USDA facilities, equipment, and materials shall be secured. PART 2 CONTRACTOR FURNISHED ITEMS AND SERVICES Contractor Furnished Items and Responsibilities General: The Contractor shall furnish all equipment, materials, supplies, services and employee training required to achieve the quality performance standards of the work in this contract, unless otherwise specified herein. Acceptable Manufacturers: Replacement boilers shall have equivalent capacity to the existing boilers, and similar salient features of NTI or Alpine high efficiency boilers 90%+. The boiler shall be factory assembled & packaged as a complete unit and shipped on a heavy steel frame or knockdown configuration. Packaged unit shall be complete with jacket, gas manifold, burner and controls mounted and wired, as specified in this Section. The boiler shall be factory fire tested prior to shipment. Knockdown unit is fully assembled, and fire tested as a package then dissembled & labeled for shipment. Boiler connections shall be limited to the water supply & return, relief valve and boiler drains, fuel input, electrical power, exhaust vent and air inlet (as specified/shown in contract documents). Boiler construction option shall allow for reverse construction of boiler to utilize a common tube removal space between two (2) boilers. The boiler shall be constructed in conformance to ASME Section IV and UL 795. Pressure vessel shall be constructed of 316L stainless steel non-welded flexible serpentine water tubes connected to 316L stainless steel headers. All tubes: Shall be easily removed and or replaced in field without welding or rolling and may be demonstrated upon request; Shall not require ASME “R” stamp for tube replacement; and Shall provide lifetime, shockproof seal on tube to header attributed to unequal expansion. The operating sound level for the boiler shall not exceed 60 dBA. Single-point electrical hook-up for the boiler shall be provided. Separate power wiring and control wiring is not acceptable. A dedicated electrical disconnect shall be provided by the installing contractor. Manufacturer's Parts: The Contractor shall provide only new parts used by the manufacturers of the equipment for replacement or repair, and to use only those lubricants obtained from and/or recommended by the manufacturer of the equipment. Compatibility: All Contractor-furnished property and services shall be compatible with existing Government systems. Billing: All parts and materials shall be billed IAW paragraph 1.15. PART 3 SPECIFIC TASKS Specific Tasks: The Contractor shall be responsible for quality control and safety inspections. Work shall be performed in such a matter to meet the performance requirements stated herein. Performance Standards: The Contractor shall provide a performance standard assessment for each boiler based on the manufacturer’s specifications. This assessment shall be submitted as part of the proposal and will establish the performance standards that the Contractor shall be required to maintain. The Contractor shall furnish boiler product data, installation instructions, operation and maintenance data, and any additional product information needed to verify the replacement boilers will function properly with the rest of the HVAC system. The Contractor shall furnish all labor, tools, and equipment usually furnished with such service, unless stated elsewhere in this contract, and be fully responsible for performance of all replacement boilers. All work on the boilers shall be accomplished utilizing the latest technology, products, equipment, industry practices, specifications, and codes. The Contractor shall ensure that the boilers operate properly with their corresponding HVAC system. The contractor shall clean the workspace around the replaced boilers prior to acceptance of each boiler. The mechanical rooms shall be free of all excess parts and materials, trash, and debris upon completion of service. The Contractor shall report to the COR any deficiencies found with other equipment in the mechanical room that is not functioning properly, such as the air conditioning system. Labor pay shall be in accordance with Davis Bacon Construction Act. Provide the services of a manufacturer's factory-authorized representative to inspect and verify proper installation of this equipment, and to provide equipment start-up and operator training. Accept equipment and accessories in Factory shipping packaging. Inspect for damage. Keep boiler in a vertical position from time of delivery to final installation. While stored, all equipment must be protected from external elements such as inclement weather, job site construction activity, etc. Protect equipment from damage by leaving packaging in place until installation. Inspections and Testing: The Contractor shall perform testing and balancing, and any additional inspections and tests necessary to provide fully functioning boilers. USDA shall be notified a minimum of 30 days in advance of inspection/test days so that a representative of USDA may witness them. Inspection/test results and certification of code compliance shall be submitted in writing to the COR within 14 calendar days of test completion. After tests have been performed, all safety devices shall be checked and adjusted as required to meet manufacturer's recommendations. Contractor Responsibility: The Contractor shall be responsible for giving immediate notice to the CO and/or COR of any condition that is discovered that may present a hazard to either the equipment or building occupants. The Contractor shall be responsible for notifying the CO or COR in writing, of the existence or development of any defects in, or repairs required to, the HVAC equipment which they do not consider to be their responsibility under the terms of the contract. Contractor Negligence or Omission: The Contractor, at no additional cost to the Government, shall accomplish all repairs resulting from prior acts of negligence on his part, or the part of his employees and agents, or omission in performing services required in this contract. Should the Contractor and the CO be unable to agree as to whether damage was caused by a negligent act or omission of the Contractor, such dispute shall be settled pursuant to FAR 52.212-4 Contract Terms and Conditions – Commercial items, Disputes. Warranty: The boiler shall come with the warranties stated below. Warranty period shall be one (1) year from date of start-up or eighteen (18) months from date of shipment, whichever comes first. Lifetime, shockproof warranty on seal of tube to header. Covers leaks in pressure vessel attributed to unequal expansion. All stainless steel heat exchanger shall carry a 10-year limited warranty. Pressure vessel and flue collector are covered against failure due to fireside flue gas corrosion: upper & lower pressure vessel headers shall carry a 10-year limited warranty and flexible boiler tubes & flue collector sides, top and bottom shall carry a 5-year limited warranty. Burner shall carry a 1-year limited warranty. All other parts shall carry a 1-year limited warranty. PART 4 DELIVERABLES SCHEDULE Deliverable PWS Paragraph Frequency Submit To Quality Control Plan (QCP) 1.7 Within 30 days of NTP / Within 5 days of changes being made CO Contractor Performance Assessments 1.8 Upon request COR Schedule 1.14.1 NLT 10 Working days prior to beginning work on this PWS COR Daily Action Reports 1.14.2 Daily if any work was performed on any boiler COR Written Notification of Conflict with Environmental & Occupational Safety Laws, Rules and Regulations 1.16 Within 24 hours of occurrence CO & COR Boiler submittal 3.1.2 Minimum 30 days prior to procurement COR Operation and Maintenance Manual 3.1.2 NLT 30 days after boiler approval COR Performance Standard Assessment 3.3.1 As Part of the Proposal CO PART 5 APPLICABLE PUBLICATIONS Applicable Publications (Current Editions): The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense. FAR 52.212-4 - Contract Terms and Conditions for Commercial Items for Inspection / Acceptance FAR Subpart 42.5 - Post Award Orientation DOD Directive 5500.7-R - Joints Ethics Regulation 41 USC 423 - Restrictions on Disclosing and Obtaining Contractor Bid or Proposal FAR Subpart 9.5 -Organizational and Consultant Conflicts of Interest FAR 37.102 - Service Contracting General Policy FMR 107-71.20 (41 CFR 102-71.20) - What Definitions Apply to GSA’s Real Property Policies UL 795: Commercial-Industrial Gas Heating Equipment. ASME Section IV: Boiler and Pressure Vessel Code - Heating Boilers ASME CSD-1: Controls and Safety Devices for Automatically Fired Boilers ASHRAE: Standard 90.1 Energy Standard for Buildings ANSI Z21.13: Gas Fired Low Pressure Steam and Hot Water Boilers Hydronics Institute, Division of Air Conditioning, Heating and Refrigeration Institute: BTS-2000: Testing Standard to Determine Efficiency of Commercial Space Heating Boilers NFPA 54: National Fuel Gas Code (ANSI Z223.1). Relevant local and/or project specific Codes and Standards PART 6 Attachments Attachments: Reference the following documents for additional information. Appendix A – Boiler Photos and Location plans Appendix B – Site Map [WK-A1]I think we will need to get standard boiler plate language from Security Office for access or other specific security info for the contracts. [CJ-A2]I agree we will work with Brakke and get that language from Security before we finalize any of these PWS.