SUBMIT BID TO:
PURCHASING DEPARTMENT
UNIVERSITY OF CENTRAL FLORIDA
12479 RESEARCH PARKWAY, BLDG. 600
ORLANDO, FL 32826
Phone: (407)823-2661 – Fax (407) 823-5551
www.purchasing.ucf.edu
Page 1 of 21 Pages
BIDS WILL BE OPENED
UNIVERSITY MAILING DATE:
May 19, 2010
INVITATION TO BID
Commodities
Acknowledgment Form
June 18, 2010 @ 2:00 PM
and may not be withdrawn within 120
ITB TITLE:
University of Central Florida
ITB NO.
1030LCSA
days after such date and time.
Photovoltaic Systems for Emergency Systems
FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER
VENDOR NAME
REASON FOR NO BID:
VENDOR MAILING ADDRESS
CITY - STATE - ZIP CODE
POSTING
AREA CODE
TOLL FREE NO.
FAX NO.
Government Classifications
Check all applicable
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African American
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Asian-Hawaiian
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Hispanic
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Native American
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Non-Profit Organization □
Small Business Federal □
OF
BID
TABUL ATIONS
Bid tabulations with intended award(s) will be posted for
review by interested parties at the location where the Bids
were opened and will remain posted for a period of 72
hours. Failure to file a protest within the time prescribed
in UCF Regulation 7.130 (5), shall constitute a waiver of
proceedings under that regulation.
TELEPHONE NO.
American Women
Government Agency
MBE Federal
Non-Minority
Pride
Small Business State
I certify that this bid is made without prior understanding, agreement, or connection
with any corporation, firm or person submitting a bid for the same materials,
supplies, or equipment and is in all respects fair and without collusion or fraud. I
agree to abide by all conditions of this bid and certify that I am authorized to sign
this bid for the bidder and that the bidder is in compliance with all requirements of
the Invitation to bid, including but not limited to, certification requirements. In
submitting a bid to an agency for the State of Florida, the bidder offers and agrees
that if bid is accepted, the bidder will convey, sell, assign or transfer to the State of
Florida all rights, title and interest in and to all causes of action it may now or
hereafter acquire under the Anti-trust laws of the United States and the State of
Florida for price fixing relating to the particular commodities or services purchased
or acquired by the state of Florida. At the State’s discretion, such assignment shall
be made and become effective at the time the purchasing agency tenders final
payment to the bidder.
GENERAL CONDITIONS
SEALED BIDS: All bid sheets and this form must be executed and
submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE
BID PER ENVELOPE.) The face of the envelope shall contain, in addition
to the above address, the date, and time of the bid opening and the bid
number. Bid prices not submitted on attached bid price sheets when
required shall be rejected. All bids are subject to the conditions specified
herein. Those which do not comply with these conditions are subject to
rejection.
1. EXECUTION OF BIDs: Bid must contain a manual signature of
authorized representative in the space provided above. Bid must be typed
or printed in ink. Use of erasable ink is not permitted. All corrections to
prices made by bidder must be initialed. The company name and F.E.I.D.
or social security number must appear on each pricing page of the Bidder
as required.
2. NO BID SUBMITTED: If not submitting a bid, respond by returning
only this bidder acknowledgment form, marking it "NO BID," and explain
the reason in the space provided above. Failure to respond without
justification may be cause for removal of the bidder’s name from the bid
mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO
BID," and it must be received no later than the stated bid opening date and
hour.
_______________________________________
AUTHORIZED SIGNATURE
_______________________________________
AUTHORIZED NAME (TYPED/PRINTED)
_______________________________________
TITLE
_______________________________________
CONTACT NUMBER
3. BID OPENING: Shall be public, on the date, location and the time
specified on the bid form. It is the bidder’s responsibility to assure that the bid
is delivered at the proper time and place of the bid opening. Bids which for
any reason are not so delivered will not be considered. Offers by telegram or
telephone are not acceptable. A bid may not be altered after opening of the
bids unless allowed by the Director of Purchasing in accordance with
established procedures.
NOTE: Bid tabulations will be furnished upon written request with an
enclosed, self addressed, stamped envelope. Bid tabulations will not be
provided by telephone.
4. PRICES, TERMS AND PAYMENT: Firm prices shall be bided and
include all services rendered to the purchaser.
(a) TAXES: The University does not pay Federal Excise and Sales taxes on
direct purchases of tangible personal property. See tax exemption number on
face of purchase order or agreement form. This exemption does not apply to
purchases of services in the performance of contracts for the improvement of
state-owned real property as defined in Chapter 192, Florida Statutes.
(b) DISCOUNTS:
Cash discount for prompt payment shall not be
considered in determining the lowest net cost for bid evaluation purposes.
(c) MISTAKES: Bidders are expected to examine the conditions, scope of
work, bid prices, extensions, and all instructions pertaining to the services
involved. Failure to do so will be at the bidder’s risk.
(d) INVOICING AND PAYMENT: All vendors must have on file a properly
executed W-9 form with their Federal Employer Identification Number prior to
payment processing.
Vendors shall submit properly certified original invoices to:
Finance & Accounting
12424 Research Parkway, Suite 300
Orlando, Florida 32726-3249
Invoices for payment shall be submitted in sufficient detail for a proper preaudit and post-audit. Prices on the invoices shall be in accordance with the
price stipulated in the contract at the time the order is placed. Invoices shall
reference the applicable contract and/or purchase order numbers. Invoices
for any travel expenses shall be submitted in accordance with the State of
Florida travel rates at or below those specified in Sections 112.061 and
287.058 F.S. Travel Reimbursement must be made using the UCF Voucher
for Reimbursement of Traveling Expenses available on the web at
http://www.fa.ucf.edu/forms/forms.cfm#.
Final payment shall not be made until after the contract is complete unless
the University has agreed otherwise.
Interest Penalties: In accordance with UCF Policy 3-208, available on-line at
http://www.ucf.edu/president/policies.php. Vendor interest penalty payment
requests will be reviewed by the UCF ombudsman whose decision will be
final.
Vendor Ombudsman: A vendor ombudsman position has been established
within the Department of Finance & Accounting. It is the duty of this individual
to act as an advocate for vendors who may be experiencing problems in
obtaining timely payments(s) from the University of Central Florida. The
Vendor Ombudsman is Elsa Dantes and can be contacted at (407) 823-1040;
email at edantes@mail.ucf.edu or by mail at the address in paragraph 4.(d)
above.
The ombudsman shall review the circumstances surrounding non-payment
and apply the rules outlined in the UCF Prompt Payment Compliance policy
to determine:
 if an interest payment is due;
 the amount of the payment; and
 shall ensure timely processing and submission of the payment request
in accordance with University policy.
(e) ANNUAL APPROPRIATION:
The University’s performance and
obligations to pay under this contract are contingent upon an annual
appropriation by the Legislature.
dealing with that specific subject matter in accordance with chapter 255,FS.
Bidders must disclose with their bids any such conflict of interest.
6.
AWARDS: As the best interest of the University of Central Florida may
require, the right is reserved to reject any and all bids or waive any minor
irregularity or technicality in bids received. Bidders are cautioned to make no
assumptions unless their bid has been evaluated as being responsive. Product
substitutions may be submitted for evaluation of equivalency unless specifically
indicated otherwise. Vendor shall have burden of proof of equivalency.
7.
GOVERNMENTAL RESTRICTIONS: In the event any governmental
restrictions may be imposed which would necessitate alteration of the material
quality of the services offered on this bid performance of the items offered on
this bid prior to their completion, it shall be the responsibility of the successful
bidder to notify the purchaser at once, indicating in writing the specific regulation
which requires an alteration. The University of Central Florida reserves the right
to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel the contract at no expense to the University.
8.
LEGAL REQUIREMENTS: Applicable provision of all federal, state,
county and local laws, and of all ordinances, rules and regulations shall govern
development, submittal and evaluation of all bids received in response hereto
and shall govern any and all claims and disputes which may arise between
person(s) submitting a bid response hereto and the University of Central Florida,
by and through its officers, employees and authorized representatives, or any
other person, natural or otherwise: and lack of knowledge by any bidders shall
not constitute a cognizable defense against the legal effect thereof.
9.
ADVERTISING: In submitting a bid, the bidder agrees not to use the
results there from as a part of any commercial advertising.
10. ASSIGNMENT: Any Contract or Purchase Order issued pursuant to this
Invitation to Bid and the monies which may become due hereunder are not
assignable except with the prior written approval of the purchaser.
11. LIABILITY: The supplier shall hold and save the University, its officers,
agents, and employees harmless against claims by third parties resulting from
the contractor’s breach of this contract or the contractor’s negligence. This
requirement does not apply to contracts between governmental agencies.
12. FACILITIES: The University reserves the right to inspect the bidder’s
facilities at any time with prior notice.
13. PUBLIC RECORDS: Any material submitted in response to this Invitation
to Bid will become a public document pursuant to Section 119.07, F.S. This
includes material which the responding bidder might consider to be confidential
or a trade secret. Any claim of confidentiality is waived upon submission,
effective after opening pursuant to Section 119.07, F.S.
14. EQUAL EMPLOYMENT OPPORTUNITY: The nondiscrimination clause
contained in Section 202, Executive Order 11246 as amended by Executive
Order 11375 relative to Equal Employment Opportunity for all persons without
regard to race, color, religion, sex, or national origin and the implementing rules
and regulations prescribed by the Secretary of Labor, are incorporated herein.
15. DEFAULT: Failure to perform according to this bid and/or resulting
contract shall be cause for your firm to be found in default in which event any
and all reprocurement costs may be charged against your firm. Any violations of
these stipulations may also result in:
(a) Contractor’s name being removed from the Purchasing Department
vendor mailing list
(b) All State agencies being advised not to do business with the contractors
without written approval of the Purchasing Department.
16. CANCELLATION: The University shall have the right of unilateral
cancellation for refusal by the contractor to allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the contractor in conjunction with the
contract.
5. CONFLICT OF INTEREST: The award hereunder is subject to
the provisions of Chapter 112, Florida Statutes. All bidders must disclose
with their bid the name of any officer, director, or agent who is also
an employee of the University of Central Florida, or any of its agencies.
Further, all bids must disclose the name of any State employee who owns,
directly or indirectly, an interest of five percent (5%) or more in the bidder’s
firm or any of its branches.
No person or firm who receives a contract to perform a feasibility study for
potential implementation of a subsequent contract, participates in the drafting
of a competitive solicitation, or develops a program for future implementation
shall be eligible to contract with the University of Central Florida for any
NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. 12/2009
Introduction
As part of the Florida SunSmart Schools Emergency Shelter Program, the University of Central
Florida intends to purchase at least ninety (90) turnkey installations of 10 kWdc (minimum) gridtied photovoltaic (PV) systems with battery backup for specified Florida schools designated as
EHPA (Enhanced Hurricane Protection Area) emergency shelters. This program provides for
emergency electrical power for critical loads and provides ongoing educational programs for
students. UCF/Florida Solar Energy Center will select the schools at which the PV systems will be
installed. It is expected that at least one system will be installed in each County in the State of
Florida.
It is anticipated that multiple Bidders will be selected for participation in this program. One Bidder
will be selected for each Region, as defined in the Bid Document. A Bidder may be awarded more
than one Region.
All PV modules and systems must be certified by the Florida Solar Energy Center as specified in
the bid document.
1.
POSTING OF BID TABULATIONS:
A. Bids will be opened at the Purchasing Department at the assigned date and time
identified in this ITB.
B. Bid tabulations will be posted at the Purchasing Department as soon as possible after
bid opening.
C. Notice of a decision or intended decision of award will be posted for a period of 72
hours.
D. Failure to file a protest within the time prescribed in UCF Regulation 7.130(5), shall
constitute a waiver of proceedings under that regulation.
2.
BID OPENING: Bids will be received and opened June 18, 2010 at 2:00 PM in the
Purchasing Department, Orlando Tech Center, 12479 Research Parkway, Bldg. 600,
Orlando, Florida. Time of opening will be local date and time at this location. Bidders
will submit an original hard copy, _2__ additional copies and 1 electronic format
(CD/DVD). BID DOCUMENTS CAN TO BE OBTAINED FROM:
UCF Purchasing Department website:
http://www.purchasing.ucf.edu/bids/index.asp
3.
ADDITIONAL INFORMATION & QUESTIONS: We encourage questions or comments
which might aid in the improvement of our existing specifications. The university will not
give verbal answers to inquiries regarding the specifications, or verbal instructions prior to
or after award of the bid. A verbal statement regarding same by any person shall be nonbinding. The university is not liable for any increased cost resulting from the bidder
accepting verbal direction. All changes, if necessary, shall be made by written addendum
to the bid.
Any explanation desired by vendors must be requested of the University of Central
Florida Purchasing Department in writing by June 8, 2010 at 4:00 PM. Inquiries must be
legible and concise and must clearly identify the bidder who is submitting the inquiry
(clearly identify on cover of envelope that contents inside are only questions concerning
the bid and not the actual bid response), and if an explanation is necessary, a reply shall
be made in the form of an addendum. Email questions are preferred. Specifications,
3
terms and conditions may not be changed except by formal written addendum. A copy of
which will be forwarded to each vendor who has received a set of the bid documents from
the university and will be posted at http://www.purchasing.ucf.edu/bids/index.asp.
Vendors obtaining bid documents from any other source must notify the University of
their name, address, telephone and facsimile numbers in order to receive any addenda.
Direct all inquiries to:
Luis A. Aviles
Purchasing Coordinator
University of Central Florida
Purchasing Department
12479 Research Parkway, Bldg. 600
Orlando, Florida 32826
Ph 407-823-2661/Fax 407-823-5551
lavilesc@mail.ucf.edu
5.
PRE-BID CONFERENCE: A pre-bid conference will be held via webinar. Two identical
webinars will be held on June 2, 2010 at 11:00 AM and 2:00 PM. The purpose of this
conference is to hear any and all questions arising from this Invitation to Bid. Answers to
any questions that might arise will be in the form of an addendum to the Invitation to Bid.
Bidders interested in attending this conference are required to pre-register at
http://livewire.fsec.ucf.edu/sunsmart/webinar/installer_prereg.html.
6.
PARKING: The successful bidder, if any is selected by the University of Central Florida
(UCF), shall ensure that all vehicles parked on campus for purposes relating to work
resulting from this bid shall have proper parking permits. This applies to all personal
vehicles and all marked and unmarked company vehicles which will be on any UCF
campus for one (1) day or more or on a recurring basis. All such vehicles must be
registered with UCF's Parking Services Department, and parking permits must be
purchased by Bidder.
Bidder's vehicle(s) shall observe all University of Central Florida parking rules and
regulations. Failure to obtain parking permits, properly display them, and otherwise
comply with all UCF's parking rules and regulations could result in the issuance of a
parking ticket and/or towing at the expense of Bidder or Bidder's employee.
For additional parking information contact UCF's Parking Services Department @ 407823-5812.
7.
EMPLOYMENT OF ALIENS: The employment of unauthorized aliens by any Contractor
is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the
contractor knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of the contract.
8.
AVAILABILITY OF FUNDS: The obligations of the University under this award are subject
to the availability of funds lawfully appropriated annually for its purposes by the
Legislature of the State of Florida.
9.
WARRANTY: The successful bidder shall fully guarantee all items furnished hereunder
against defect in materials and/or workmanship for the manufacturer's normal period of
time from date of acceptance by the University. Should any defect in material or
workmanship, excepting ordinary wear and tear, appear during the warranty period, the
successful bidder shall repair or replace same at no cost to the University immediately
upon written notice from the Director of Purchasing.
10.
ADDITIONAL QUANTITIES: The University reserves the right to increase or decrease
total quantities necessary. Total additional quantities, if any, are unknown. The contract
awarded through this ITB will allow for additional PV systems at the same cost as
originally bided.
4
11.
CANCELLATION: The Director of Purchasing, by written notice, may terminate in whole
or in part any purchase orders resulting from this invitation, when such action is in the
best interest of the University. If purchase orders are so terminated, the University shall
be liable only for payment for services rendered prior to the effective date of termination.
Services rendered will be interpreted to include costs of items already delivered plus
reasonable costs of supply actions short of delivery. For the protection of both parties,
this contract may be cancelled in whole or in part by either party by giving thirty (30) days
prior notice in writing to the other party.
12.
RIGHT TO TERMINATE: In the event any of the provisions of the contract are violated
by the successful bidder, the University may serve written notice upon such bidder of its
intention to terminate the contract. Such notice is to state the reasons for such intention
to terminate the contract, and, unless ten (10) days after serving such notice upon the
bidder, such violation shall cease and satisfactory arrangements for correction be made,
the contract shall, upon expiration of said ten (10) days, cease and terminate, but the
liability of such bidder and his surety for any and all such violation or violations shall not be
affected by any such termination
13.
TERM OF CONTRACT: The contract resulting from this ITB, if any, will be for a three (3)
year) period beginning approximately July 1, 2010 and ending June 30, 2013 with UCF
and the selected service/commodity provider having the option to renew for an additional
two (2) one (1) year) periods pending mutual consent. Prices will be firm fixed pricing for
the life of the contract. Each option year will automatically renew unless either party
request non-renewal within 60 days prior to expiration of the term in effect at that time.
14.
TRAINED PERSONNEL: Services under this agreement shall be performed only by
trained personnel directly employed or supervised by the Contractor.
15.
INSURANCE REQUIRED: Upon receipt of Letter of Intent and prior to issuance of a
Purchase Order, Contract or Notice to Proceed, the Contractor shall obtain all Insurance
set forth below and furnish the University an Insurance Certificate which will evidence
that all of the appropriate coverage are in full force and effect.
INSURANCE, CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
The contractor shall take out and maintain during the life of this agreement
COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTOMOBILE
LIABILITY INSURANCE as shall protect the contractor from claims for damage for
personal injury, including accidental death, as well as claims for property damages which
may arise from operating under this agreement whether such operations are by the
contractor or by anyone directly or indirectly employed by the contractor, and the amount
of insurance shall be the minimum limits as follows:
Policy
(e)
Coverage
(a)
Worker's Compensation
Statutory
(b)
Comprehensive General Liability Insurance:
(1)
Bodily Injury Liability
(2)
Property Damage Liability
$1,000,000 each occurrence
$1,000,000 each occurrence
(c)
Comprehensive Automobile Liability Insurance:
(1)
Bodily Injury Liability
$1,000,000 each occurrence
(2)
Property Damage Liability
$1,000,000 each occurrence
(d)
Excess Umbrella Liability
(1)
Combined Single Limit Bodily Injury
(2)
Injury and/or Property Damage
Comprehensive Liability to include but not limited to:
5
$3,000,000 each occurrence
$3,000,000 aggregate
(1)
(2)
(3)
Consumption or Use of Products
Existence of Vehicles, Equipment or Machines on Location
Contractual Obligations to Customers
INSURANCE, LOSS DEDUCTIBLE CLAUSE
The University shall be exempt from, and in no way liable for, any sums of money which
may represent a deductible in any insurance policy. The payment of such deductible
shall be the sole responsibility of the contractor providing such insurance.
INSURANCE, SUBCONTRACTOR'S PUBLIC LIABILITY AND DAMAGE PROPERTY
The contractor shall require each subcontractor to secure and maintain during the life of
the subcontract, insurance of the type specified above or insure the activities of
subcontractors in their own policy, as specified above.
INSURANCE, WORKER'S COMPENSATION
The contractor shall take out and maintain during the life of this agreement Worker's
Compensation Insurance for all of his employees connected with the work of this project
and, in case any work is sublet, the contractor shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Contractor. Such insurance
shall comply fully with the Florida Worker's Compensation Law. In case any class of
employees engaged in hazardous work under this contract at the site of the project is not
protected under the Worker's Compensation statute, the Contractor shall provide, and
cause each subcontractor to provide adequate insurance, satisfactory to the University,
for the protection of your employees not otherwise protected.
INSURANCE, SOURCE OF INSURANCE
All policies for insurance set forth in this INSURANCE REQUIRED CLAUSE shall be with
insurers qualified and admitted by the Florida Department of Insurance to write business
in the State of Florida.
16.
USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES: At the option of the
vendor/contractor, the use of the contract resulting from this solicitation may be extended
to other governmental agencies, including the State of Florida, its agencies, political
subdivisions, counties, and cities.
Each governmental agency allowed by the vendor/contractor to use this contract shall do
so independent of any other governmental entity. Each agency shall be responsible for
its own purchases and shall be liable only for goods or services ordered, received and
accepted. No agency receives any liability by virtue of this bid and subsequent contract
award.
17.
PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
18.
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace
programs. Whenever two or more bids which are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a bid received from a business that certifies that it
6
has implemented a drug-free workplace program shall be given preference in the award
process. Established procedures for processing tie bids will be followed if none of the
tied vendors have a drug-free workplace program. In order to have a drug-free
workplace program, a business shall:
A.
Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations
of such prohibition.
B.
Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violation.
C.
Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
D.
In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
E.
Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by
any employee who is so convicted.
F.
Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, my initials certify that this firm complies
fully with the above requirements. Initials: _________________
19.
EQUAL OPPORTUNITY STATEMENT: The State Universities have established equal
opportunity practices which conform to both the spirit and the letter of all laws against
discrimination and prohibits discrimination based on race, creed, color, sex, age, national
origin, marital status or religion. To be considered for inclusion as a supplier under this
agreement, the bidder commits to the following:
A. The provisions of Executive Order 11246, September 24, 1996, and the rules,
regulations, and relevant orders of the Secretary of Labor are applicable to each order
placed against this agreement regardless of value.
B. If the bidder expects to receive $10,000 in orders during the first 12 months of this
agreement, a complete certificate of non-segregated facilities shall be included in the
proposal response.
C. If the bidder expects to receive $50,000 in orders during the first 12 months of this
agreement and employs more than 50 people, standard form 100 (EEOO-1) must be filed
prior to March 1 of each year.
D. If the bidder expects to receive $50,000 in orders during the first 12 months and
employs more than 50 people, a written program for affirmative action compliance must
be maintained by the bidder, subject to review upon request by the user agencies of this
agreement.
If you have already complied with the above, please initial:
7
_____________
Bid Sheet
Region(1)
Price per System
Standard
(wind loads 140 mph)
Price per System
High Winds
(wind loads 150 mph)
Region 1
-------- N/A --------
Region 2
-------- N/A --------
Region 3
-------- N/A --------
Region 4
-------- N/A --------
Region 5E
-------- N/A --------
Region 5W
-------- N/A --------
Extended Price
Region 6
Region 7
(1)
See Appendix I Section 1, paragraph A.3.
Bidders for Regions 6 and 7 are requested to provide pricing for designs meeting standard
specifications (140 mph) and/or 150 mph winds.
(2)
Does your bid meet our specifications exactly? ___ Yes ___ No
Is the PV System certified by FSEC? ___ Yes ___ No
Prices quoted are good for at least _____ days following bid opening.
Installation will begin _______ days after receipt of order.
Estimated time to completion per system is _________ days after installation start date.
Time between installation start dates will be ________ days.
F.O.B. delivered to specified locations within Florida
Payment terms (check one):
____ As outlined in Bid Document
____ Other (specify): _________________________________________________________.
8
I certify that I am an officer of the company or am otherwise authorized to contract in the name of the
company for these items, and that all items bid meet all details of the documents comprising this invitation
except as noted above.
___________________________________
COMPANY NAME
___________________________________
AUTHORIZED SIGNATURE
___________________________________
MAILING ADDRESS
___________________________________
PRINTED NAME
___________________________________
CITY, STATE, ZIP CODE
___________________________________
TITLE
___________________________________
FEDERAL EMPLOYER ID NUMBER
(______)____________________________
PHONE NUMBER
___________________________________
E-MAIL ADDRESS
(______)____________________________
FAX NUMBER
9
Appendix I
Florida SunSmart Schools Emergency Shelter Program
Technical Procurement Specifications & Information
Section 1. GENERAL INFORMATION
A. Background
1. As part of the Florida SunSmart Schools Emergency Shelter Program, the University of Central
Florida intends to purchase at least ninety (90) turnkey installations of 10 kWdc (minimum) gridtied photovoltaic (PV) systems with battery backup for specified Florida schools designated as
EHPA (Enhanced Hurricane Protection Area) emergency shelters. This program provides for
emergency electrical power for critical loads and provides ongoing educational programs for
students. The University of Central Florida’s Florida Solar Energy Center (UCF/FSEC) will select
the schools at which the PV systems will be installed. It is expected that at least one system will
be installed in each County in the State of Florida.
2. The size of PV arrays referenced in this document (e.g., 10 kW) shall be interpreted as kWdc
(kilowatts-direct current) minimum nameplate capacity at Standard Test Conditions (STC).
3. For the purpose of this program, the State of Florida has been divided into Regions based on the
seven Emergency Management Regions, as listed below. (For a map of the Florida Emergency
Management Regions, go to http://www.floridadisaster.org/images/EM_managers.jpg. NOTE:
Region 5 has been divided into two sections for this solicitation.)
a. Region 1 - Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Jackson, Bay,
Calhoun and Gulf Counties.
b. Region 2 - Gadsden, Liberty, Franklin, Wakulla, Leon, Jefferson, Madison, Taylor, Dixie,
Lafayette, Suwannee, Hamilton and Columbia Counties.
c. Region 3 - Nassau, Duval, Clay, St. Johns, Putnam, Flagler, Baker, Union, Bradford,
Gilchrist, Alachua, Levy and Marion Counties.
d. Region 4 - Citrus, Sumter, Hernando, Pasco, Pinellas, Hillsborough, Polk and Hardee
Counties.
e. Region 5E - Volusia, Brevard, Indian River, St. Lucie and Martin Counties.
f. Region 5W - Lake, Seminole, Orange and Osceola Counties.
g. Region 6 - Manatee, Sarasota, DeSoto, Highlands, Okeechobee, Charlotte, Glades, Lee,
Hendry and Collier Counties.
h. Region 7 - Palm Beach, Broward, Miami-Dade and Monroe Counties.
4. Questions and comments about this opportunity should be sent to the point of contact listed in
Section 3 of the UCF Invitation To Bid. Bidders are advised not to contact the Florida Solar
Energy Center directly.
B. Type of Awards
1. Successful bidders will receive a Purchase Order for turnkey installed PV systems as specified,
for a fixed price amount in accordance with their bid.
2. Bidders are asked to quote a price per system for any or all Regions, as desired. Bidder may
quote a different price for each Region but only one price per Region, except as noted in Regions
6 and 7.
3.
Awards to multiple bidders may be made if doing so is advantageous to UCF and/or the Florida
SunSmart Schools Emergency Shelter Program.
a. Only one bidder will be selected for each Region.
b. A bidder may be selected for more than one Region.
c. If selected, Bidder will provide all systems in the Region at the quoted price.
4. The University currently estimates a minimum of ninety (90) systems will be purchased.
a. It is anticipated that approximately 10 to 14 systems will be installed in each Region, except
Region 7 in which approximately 8 systems will be installed.
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b. The total number of installed PV systems purchased for any Region may be increased or
decreased, at UCF’s sole discretion.
5. All work must be completed by a date to be negotiated with the successful bidder(s) but no later
than 02/28/12.
6. Successful bidder(s) are responsible for assuring that all PV modules and systems used in the
installed PV systems are certified by the Florida Solar Energy Center, as specified in Section D.
C. Eligible Applicants
1. Bidders may be any legal entity authorized to do business in the U.S. and may include
subcontractors as deemed necessary. A successful Bidder will be solely responsible for fulfilling
the terms of the award.
2. Bidders must meet minimum experience requirements to be eligible for an award. Each of these
projects must have been permitted and inspected by the local Authority Having Jurisdiction.
Bidders must submit with their bid a reference and description of each of the below projects (see
Appendix III).
a. Two photovoltaic power projects, each of at least 10 kWdc capacity with grid-interactive
inverters;
b. Two photovoltaic power projects of any capacity, each with battery-backup capability,
providing power to a critical load panel. Off-grid systems are acceptable.
c. A grid-interactive 10 kWdc project with battery backup would count towards either of the
above requirements.
3. Bidders are advised that all PV systems purchased under this solicitation will be installed at
Florida public schools. Successful bidders are responsible for complying with the requirements of
Florida Statutes 1012.467, also known as the Jessica Lundsford Act. All individuals, whether
Bidder’s employees or subcontractors, who require access to school grounds while students are
present are required to undergo a finger-print based criminal background check at least once
every five years. Bidders should contact their local school district for information on the
background check application procedure and fee. Individuals will need to register with each
school district but will not need to pay an additional background check fee.
D. PV System Certification
1. All PV systems and modules installed under this program must be certified by the Florida Solar
Energy Center in accordance with Section 377.705 of the Florida Statutes. Module certification is
a prerequisite for system certification. For complete information regarding certification of PV
modules and systems, please refer to the FSEC website on Photovoltaic Systems at
http://www.fsec.ucf.edu/en/industry/testing/PVsystems/index.htm
2. Bidders may propose to use any FSEC-certified PV system that meets the specifications of this
document. Certified systems are listed on FSEC’s website:
http://www.fsec.ucf.edu/en/industry/testing/PVsystems/certified_systems/index.htm.
3. If the Bidder wishes to propose a PV system that is not already certified, then the Bidder is
responsible for submitting an application for system certification in accordance with the directions
below.
a. A complete application for system certification must be received before the bid deadline to be
eligible for an award.
b. NOTE: It is not required that the proposed PV system be certified before the bid deadline.
However, a PV system must be certified before an award can be made. Failure to secure
certification in a timely manner as defined by UCF/FSEC may result in cancelation of any
selection for an award. See section B.4 for instructions on obtaining certification.
4. IMPORTANT: The Florida Solar Energy Center has established a modified application process
for certifying PV systems for this program only. The following process should be followed carefully
to qualify for this offer.
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a. On or before the deadline date of this ITB, Bidder must complete and submit the Photovoltaic
System Certification – SunSmart E-Shelter Program Application form available at
http://www.fsec.ucf.edu/en/education/sunsmart/e-shelters/installers/index.htm
i.
Only fully completed applications will be accepted for consideration under this
program. The application must include all required documentation to be considered
complete. All materials must be submitted electronically to FSEC in a single email;
FSEC will not accept partial submissions. All email attachments must be in PDF
format.
ii.
All certification applications must be sent to pvshelter@fsec.ucf.edu. Failure to do
so will result in a delay of your review. A complete electrical schematic that includes
the following information is required as part of the system certification package.
(This list is provided for guidance and assistance only and is not the only information
required in the certification application.)
1) Modules labeled and shown in correct array configuration (source circuits)
2) Size, type, and location of all conductors (+dc, -dc, L1, L2, L3, N, G etc.) in the
system
3) Complete circuit paths shown
4) Size, current rating, voltage rating, and location of all over-current protection
devices
5) Inverter/Charger/Controller equipment correctly identified
6) Battery wiring and cables labeled and shown in correct bank configuration
7) Complete details of the system grounding in compliance with NEC 690 V.
Grounding
8) Point of interconnection specified and in compliance with NEC 690.64(B)(7)
9) Ratings and locations of all disconnects
iii.
iv.
Incomplete applications for system certification will be rejected and the applicant’s
system may be ineligible for an award under this program. The applicant will be so
notified but application materials will not be returned to the applicant.
Applicants who submit a PV Certification Application Form by no later than 10 days
before the bid deadline will receive a pre-approval review before the bid deadline.
The purpose of this review is only to help identify errors or missing information in the
certification application, and does not guarantee certification. Applicants may correct
any deficiencies and re-submit their certification application before the bid deadline.
b. Payment for the certification application is not required at the time of submittal. Payment will
only be required for systems selected for participation in this program. Bidders selected for an
award will be notified of their selection, at which time the full payment of the system
certification application fee will become due. The system will not be certified without payment
of the fee.
c. Systems not selected for participation will not be certified under this program. The application
may be resubmitted through the standard PV system certification process found at
http://www.fsec.ucf.edu/en/industry/testing/PVsystems/index.htm.
d. The PV system certification process must be completely satisfied before an award can be
made. Reasonable notice will be provided to applicants if/when additional information is
required by FSEC. If the applicant fails to provide such requested information or the required
payment in the time prescribed, the system application will be denied.
Section 2. PV SYSTEM SPECIFICATIONS
E. General Specifications
1. A successful Bidder, hereinafter referred to as Contractor, shall provide a 10 kWdc (minimum)
grid-tied photovoltaic system with battery backup as specified. All systems shall be fully
operational turnkey installations.
2. The system will be installed at a Florida school, at a location to be specified by UCF/FSEC upon
award.
3. The system site at the school will be determined by FSEC in consultation with emergency
management personnel, the Contractor and the school personnel. For purposes of this ITB, the
Bidder may assume the following site conditions:
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a. 1000A 120/208V service
b. Enough space available for unshaded array
i.
The array will be installed where shading is avoided from 9am – 3pm “solar time”
(where the sun is true south at “solar noon”) each day of the year. This will be
verified with a Solar Pathfinder, Solmetric SunEye, or equivalent during the preinstallation site visit, and again during the acceptance test.
c. 200’ maximum from interconnection point (supply side connection) to array location
d. 200’ run from array location to panelboard housing critical loads
e. 250’ run from array location to school-identified network connection;
(communication wiring to be run in separate conduit from current-carrying conductors)
f. Critical load panelboard installed by others, fed from existing switchgear. Contractor
responsible for connecting this panelboard to PV system.
g. In the bid, Contractor need not account for interfacing an existing school generator with the
inverters in stand-alone mode.
4. The specific critical loads to be powered by the PV system while in stand-alone mode will be
determined by UCF/FSEC and Emergency Management personnel prior to system installation, in
consultation with school personnel and others as necessary.
5. The installed system must meet applicable national, state and local standards and codes. Safety
signage and labeling should be mounted on the system according to the National Electrical Code
and applicable building codes.
F. PV System Mechanical Design Specifications
1. The installed system shall include all hardware required for assembling the photovoltaic array,
balance of system components, and structural attachments to a ground-mounted structure.
2. The PV array shall be installed at a slope of 25 degrees, and a southern orientation within +/-5
degrees of true south. The array shall have a minimum clearance of 24 inches above the ground.
3. The PV array mounting structure, including modules, and balance of system components shall be
designed to withstand wind loads of at least 140 mph (3-second gust per ASCE 7). Contractors
submitting bids for systems in Emergency Management Regions 6 and 7 may be required by
local authorities to design for 150 mph; therefore, separate bids are requested for 140 mph and
150 mph designs in those Regions.
4. Array mounting hardware supplied shall be compatible with the site considerations and
environment. Special attention shall be paid to minimizing the risk from exposed fasteners, sharp
edges, and potential damage to the modules or support structure. All potentially hazardous
hardware shall be protected or shielded for safety. Mechanical hardware shall be durable and
corrosion resistant. The use of ferrous metals (including but not limited to painted or plated
steel), dissimilar metals in contact, or any wood or plastic components is not allowed. Materials
may require approval before commencing construction.
5. As these are high profile, publicly visible installations, the aesthetics of the overall installation are
extremely important to this program. To create a uniform appearance of the array, spacing
between individual modules shall be kept to a minimum and shall be uniform. Noncompliant
configurations shall be approved by UCF/FSEC and the school prior to installation. Mechanical
hardware, conduit, junction boxes and other equipment shall be concealed beneath and/or behind
the array.
6. The array layout shall be consistent with the ordering (and labeling) of source circuits in the array
combiner boxes. Accessibility to perform array troubleshooting and maintenance is required by
allowing access to the back of the array.
7. The PV systems will be installed at schools, therefore student safety is critical. Contractor must
minimize the risk of vandalism, theft and personal injury in the installation and operation of the
system. Therefore, designs will provide proper layout, enclosures, shields and housings to protect
students during daily activities and during PV system educational activities.
G. PV System Electrical Design Specifications
1. All work shall be done in accordance with the National Electrical Code 2008 and the latest edition
of the Florida Building Code.
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2. PV systems must be capable of parallel operation with the utility supplied electrical service to the
facility. The entire PV system must also be capable of stand-alone operation, providing backup
power to a critical load panel when the utility supplied electrical service is unavailable. Systems
will be grid-interactive, providing power to a collection of critical loads.
3. The PV array nameplate capacity (at Standard Test Conditions, STC) shall be no less than 10
kWdc. This nameplate capacity shall not exceed 115% of the power rating of its connected
inverters.
4. All PV modules in this project shall have connectors with locking clips, such as the Multi-Contact
Type 4 with PV-SSH4 safety lock clip (or equivalent) that requires a tool to unlock.
5. A grounding electrode (or multiple electrodes if required per NEC) shall be installed at the arrays
per NEC 690.47(D).
6. All inverters shall be commercially-available models presently under active manufacture, and they
shall be listed to UL1741-2005. Inverters must include ground-fault protection with a visible
indicator.
7. Each series source circuit of PV modules shall be protected by an inline over current protective
device (OCPD). Each source circuit of batteries shall also be protected by an inline OCPD.
8. The battery bank shall have a minimum usable capacity (at C/100) of 25 kWh.
a. Usable capacity shall be calculated per the equation: (C/100 rating in amp-hours) x (nominal
voltage of battery bank in VDC) x (% maximum depth of discharge allowed by manufacturer to
meet 5-year warranty).
b. Batteries shall be deep-cycle, sealed with captive inaccessible electrolyte.
c. Battery banks shall include no more than two strings of batteries in parallel. Conductors shall
be identical in each battery string with matching resistance. Batteries shall be protected by a
charge control device specific to the battery technology and shall have temperature
compensation.
9. Battery enclosures shall be corrosion-resistant, vented, and of sufficient strength and size to hold
the batteries. Batteries shall be separate from control and other PV system components. The
enclosures will be installed in an outdoor location out of the rain and rated for this location. The
enclosures shall be fully shaded (sunrise to sunset, year-round) to keep the enclosure
temperature as close to ambient as possible.
10. All outdoor wiring must be listed to a temperature rating of 90°C in wet locations, and it shall be
listed as sunlight resistant where run outdoors and outside of conduit.
11. Outdoor-rated, visible-break lockable disconnects shall be installed on each set of currentcarrying conductors entering or leaving the array area.
12. Interconnection shall be accomplished in accordance with NEC. If connecting to the load side of a
main service disconnect, Contractor is responsible for providing documentation that supply
breakers between the utility service and PV system may be back fed. If connecting to the supply
side of a main service disconnect, the PV system main disconnect must be located within 10’ of
the interconnection point.
13. When wiring the inverter(s) to the critical load panel, the panel supply breaker(s) shall be
fastened per NEC 408.36(D). (Note: NEC 690.64(B)(6) does not apply to this connection).
14. One or more transfer switch shall be included in the system to run the critical load panel directly
from the grid, bypassing the PV system.
15. Voltage drop in each of these paths shall not exceed 1% at rated capacity:
a.
b.
c.
d.
PV -> inverter(s)
Inverter(s) -> critical load panel
Interconnection point -> inverter(s)
Batteries -> inverter(s)
16. Contractor shall plan to install a meter base (more than one if required by the electrical
configuration) on the PV array kWh output to offer the electrical utility the opportunity to install a
revenue meter(s) to measure PV production. If the utility declines, Contractor shall install a meter
(remanufactured units acceptable) within the meter base.
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17. Where a school has a generator capable of powering some electric loads, it may prove feasible to
interface this generator with the PV system while it operates in stand-alone mode. Feasibility of
this connection shall be determined during the initial site visit by Contractor, FSEC, and the
school. If a generator is on site, the PV system shall be wired such that there is no possibility of
the PV system back feeding the generator.
18. Contractor shall coordinate interconnection details with the local electrical utility and shall be
responsible for the required interconnection paperwork with input from the Owner. A licensed
master electrician must make the final connection.
19. Placards showing mapped locations of the interconnection point, PV system, and critical load
panel shall be installed at each of these three locations.
H. Performance Monitoring
1. Each shelter will have the PV system performance and operation measured and monitored by an
automated data acquisition system (DAS) installed at the site by the Contractor. The DAS may be
internally integrated into the inverter and system or externally interfaced with the PV system to
collect required data.
2. This DAS will be required to measure and log the following information at a minimum: (required
tolerances in parentheses)
a. Site meteorological data:
i.
plane-of-array irradiance (W/m2, ±10%)
ii.
ambient temperature (sensor to be placed in a shaded location)
(°C ±3°, or °F ±5°)
iii.
module temperature (sensor to be adhered to underside of module; encapsulation
must not be damaged) (°C ±3°, or °F ±5°)
iv.
wind speed (mph ±5)
b. Site measured data:
i.
Battery voltage (VDC, ±5%)
ii.
Battery current (IDC, ±5%)
iii.
PV array voltage(s) (VDC, ±5%)
iv.
PV array current(s) (IDC, ±5%)
v.
Power production from the PV system (AC kWh, ±5%)
vi.
Power consumption of critical load panel (AC kWh, ±5%)
3. The DAS will take measurements at an interval not to exceed 15-minutes in duration. The data
points collected by the DAS shall be stored in the DAS’s internal, non-volatile memory. DAS shall
be powered with the school critical loads, to ensure continued operation during a utility power
outage while the battery-backup system is available.
4. The DAS shall be capable of uploading the stored data to FSEC via the Internet, automatically, at
an interval not to exceed 24-hours (during normal photovoltaic system operation). Real-time data
submission is not required, but is appreciated. The data is to be uploaded to FSEC using either
FTP or web services. The data transmitted shall be in a comma separated value (CSV) format.
The preamble to the data must include: a header with a site-specific identifier, column headings
for each sensor recorded, and a date-time stamp for each data-point set (each row).
5. Before an FSEC acceptance test can be scheduled or performed, the DAS shall be transmitting
data to FSEC. The data that is transmitted must be viewable by FSEC staff and include sensor
readings, which indicate that the photovoltaic system as well as the DAS is fully functional and
operating within expected norms.
6. A DAS that requires a third-party account to function shall not be allowed.
I.
System Warranties and Maintenance Contracts
1. The supplier/Contractor must provide warranties to Owner (e.g., school, school district) on both
the complete system and individual components. The methods for implementing and terms of the
warranty provisions must be clearly established, and handled by the system supplier/Contractor
as the single point-of-contact for warranty service with the end-user. At Owner’s discretion,
additional service contracts may be required and will be negotiated separately with Owner.
2. At a minimum, the following warranties are required:
15
a. Five (5) year complete system-level warranty and service contract for the no-cost
replacement of any defective component required for safe and as-specified system operation.
b. PV modules must have a minimum twenty-year (20) limited manufacturer’s warranty to
maintain at least 80 percent of their initial rated output.
c. Inverter/chargers and charge controllers must have a minimum five (5) year warranty.
d. Batteries must be warranted for a minimum of five (5) years to deliver at least 50 percent of
initial rated capacity.
e. Supplier/Contractor may provide extended warranty or service contract beyond baseline
warranties of manufactured components as requested by Owner.
Section 3: OTHER REQUIREMENTS
J. User Training and Documentation
1. The Contractor shall provide a training session (estimated two hours) to school officials and
maintenance personnel after completing the installation. The training session will provide an
introduction to all equipment as well as procedures for safe operation. The session will also
provide maintenance guidelines.
2. Contractor will provide documentation to the school facilities manager defining design, installation
and operation of the system. Documentation shall be provided as one hard copy (in a binder), as
well as two data CDs (containing PDF files). Documentation shall consist of the following at
minimum:
a. Manufacturers’ data sheets for PV modules, inverters, charge controllers, batteries, mounting
structures, battery enclosures, combiner boxes, and other major components.
b. Installation and operation manuals available from manufacturers
c. Warranty information and user manuals for all major system components
d. Three-line electrical schematic of the as-built system
e. Two-page (minimum) guide covering basics of system operation for the specific installed
system:
i.
How to operate equipment displays
ii.
How to safely disconnect and reconnect system
iii.
Basic tests to ensure system is operating correctly
iv.
Maintenance allowed by non-qualified personnel
v.
Proper safety procedures when working around system
vi.
Best practices when operating in stand-alone mode, e.g., load management, expect
runtime of critical loads chosen by school
3. A copy of all documentation shall be provided to UCF/FSEC in electronic format for review and
approval.
K. Inspections and Acceptance Testing
1. The system installation must be properly permitted and inspected as required by local authorities.
2. Bidder shall ensure that all project specifications have been met. FSEC will verify compliance
through a site inspection and acceptance tests. The system installer/Contractor shall be available
and present for the acceptance tests, which will be scheduled with reasonable advance notice
(notwithstanding delays due to weather). Acceptance testing will verify that the system and
equipment specified in the bid was installed in a safe and code-compliant manner, and is
operating properly under all conditions.
3. If the Contractor fails the first acceptance test due to non-compliance with project requirements,
each revisit for additional acceptance tests will result in a charge to the Contractor of $1000 to
cover FSEC labor and travel costs. This charge will be deducted from the Contractor’s final
payment.
4. Acceptance testing forms will be made available to the selected bidders as early as possible after
award but no later than before system construction begins.
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L. Deliverables and Payment Schedule
1. This program is funded by the American Recovery & Reinvestment Act (ARRA). In compliance
with the reporting requirements of the ARRA, successful Bidders will be required to provide the
following information during the period of performance:
a. DUNS number or the name, address and zip code of the Bidder’s Headquarters (one time);
b. Jobs created or retained: a report of labor hours worked by employees and all subcontractors
on an award under this program (monthly preferred, but not less often than quarterly)
2. Payments will be made according to the following schedule, with documentation as noted:
a. 20% of contracted amount:
i.
Issuance of Notice to Proceed (copy to UCF/FSEC)
ii.
Receipt of building permit (copy to UCF/FSEC)
iii.
Site-specific drawings, including site plan and electrical three-line diagram
(complete copy to UCF/FSEC)
b. 30% of contracted amount
i.
Delivery of modules, racking, and inverters to the installation site (photo of materials
at school site)
c.
50% of contracted amount
i.
Successful completion of the site inspection and acceptance test. Note that the
Acceptance Test will only be scheduled after DAS is transmitting data to FSEC, as
detailed in Section H
ii.
Submission of approved documentation on PV system design, installation,
operations & maintenance
iii.
Completion of operations & maintenance training for school personnel
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Appendix II
Terms and Conditions
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in
excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a
provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides
that each contractor or subrecipient shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all suspected or reported
violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000
shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as
supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act,
contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum
wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be
required to pay wages not less than once a week. The recipient shall place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report
all suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for
other contracts that involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of
the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction
work and provides that no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the Federal
Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a
provision that requires the recipient to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and
18
the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed
on the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors
with awards that exceed the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principal employees.
9. Preservation of Open Competition and Government Neutrality Towards Contractors’ Labor
Relations on Federally Funded Construction Projects (Executive Order 13202)
a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement,
or other controlling documents in construction contracts awarded pursuant to this agreement, or pursuant
to a subaward to this agreement, do not:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same or other related constructions project(s);
or
2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming
or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor
organizations, on the same or other related construction project(s).
b. The term “construction contract” as used in this provision means any contract for the construction,
rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to
real property.
c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from voluntarily
entering into agreements with labor organizations.
10. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5, the
American Recovery and Reinvestment Act of 2009.
11. Segregation of Costs – Recipients must segregate the obligations and expenditures related to
funding under the Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track, and maintain these funds apart and separate from other revenue streams. No part of
the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other
than that of making payments for costs allowable for Recovery Act projects.
12. False Claims Act – Recipient and sub-recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principle, employee, agent, contractor, sub-grantee,
subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar
misconduct involving those funds.
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13. Compliance with the Buy American Act (41 U.S.C. 10a-10c) – By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the “Buy American Act.” The Grantee should review the provisions of the Act to
ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the
Congress that, to the greatest extent practicable, all equipment and products purchased with funds made
available under this Agreement should be American-made.
THE UNDERSIGNED OFFEROR CERTIFIES THAT IT HAS READ AND ACCEPTS THE CONDITIONS
OF AWARD CONTAINED WITHIN THIS DOCUMENT.
Name of Offeror
Signature
_______________________________________
Printed Name of Signatory
Title of Signatory
Date
_______________________________________
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Appendix III
QUALIFYING EXPERIENCE
The following information is required to document the Installer’s experience, as required by the bid
document (Section C). Supporting documentation, if appropriate, may be provided in separate pages.
PV systems of at least 10 kWdc (2 projects required)
Project #1:
kWdc rating of system (required)
address (required)
contact name (required)
contact phone number (if
available)
Project #2:
kWdc rating of system (required)
address (required)
contact name (required)
contact phone number (if
available)
PV systems with battery backup (2 projects required)
Project #1:
kWdc rating of system (required)
address (required)
contact name (required)
contact phone number (if
available)
Project #2:
kWdc rating of system (required)
address (required)
contact name (required)
contact phone number (if
available)
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