12305B190001_-_UPGRADE_THE_FIRE_ALARM_SYSTEM_AT_KVILLE_WV_FINAL.doc

SEQ CHAPTER \h \r 1SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

(FAC 2019-01(DEC 20, 2018)

1. SOLICITATION NO. |2. TYPE OF SOLICITATION |3. DATE ISSUED

| [X] SEALED BID (IFB) |

123205B190001 | [ ] NEGOTIATED (RFP) | 03/23/2019

| [ ] REQUEST FOR QUOTATION (RFQ) |

IMPORTANT-The "Offer" section on pages 2 and 3 must be fully completed by offeror.

4. CONTRACT NO. |5. REQUISITION/PURCHASE REQUEST| 6. PROJECT NO.

| NO. |

| 945330 | HPRL #2-2019

7. ISSUED BY: |CODE: ARS-12305B | 8. ADDRESS OFFER TO:

ARS NEA, AAO, Acquisitions and |

SAME AS ITEM 7

600 EAST MERMAID LANE, RM. 2019 |

WYNDMOOR PA 19038-8598 |

|________________________________________________ 9. FOR |A. NAME |B. TELEPHONE NO. (Include area code)

INFORMATION | | (NO COLLECT CALLS)

CALL | LISA M. BOTELLA | 215-233-6555

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

The Contractor shall furnish all necessary labor, required materials, equipment, transportation, and supervision, etc., in order to perform all elements of the work identified in the Statement of Work, Specifications, and in accordance with the clauses, attachments, and any other terms and conditions set forth herein to Upgrade the Fire Alarm System at the USDA, ARS, NEA, Appalachian Fruit Research Station, located in Kearneysville, WV. This work includes but is not limited to removing and replacing the existing Fire Alarm System (components and accessories) so that the system is fully functional.

THIS REQUIREMENT HAS BEEN SET-ASIDE FOR SMALL BUSINESS ONLY.

Price Range: Between $250,000 and $500,000

11.

The Contractor shall begin performance 14 calendar days and complete it within

120 calendar days after receiving award, x notice to proceed. The performance period is mandatory X negotiable. (See Clause F.2)____________________________ EXCEPTION TO STANDARD FORM 1442 (REV.4-85) Prescribed by GSA

APPROVED BY GSA/OIRM (6/85) FAR (48 CFR) 53.236-1(e)

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair) _______________________________________________________________________________________

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED | 12B. CALENDAR DAYS

PERFORMANCE AND PAYMENT BONDS? (If "YES" | indicate within how many calendar days | 14 after award in Item 12B.) |

[X] YES [ ] NO (SEE B.4) |______________________________________

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Price offer in original and 1 copy to perform the work required are due at the place specified in Item 8 by 10:00 AM Eastern Standard Time (EST) on APRIL 22, 2019. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee [X] is, [ ] is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

__ OFFER (Must be fully completed by offeror) _____________________________

14. NAME AND ADDRESS OF OFFEROR |15. TELEPHONE NO. (Include area code)

(Include ZIP Code) |

|_____________________________________ | FACSIMILE NO. (Include area code)

|16. REMITTANCE ADDRESS

| UNIQUE IDENTY NO: |

TIN: _____________________ _|_____________________________________

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)_______

AMOUNT |

EXCEPTION TO STANDARD FORM 1442 (REV.4-85) Prescribed by GSA

APPROVED BY GSA/OIRM (6/85) FAR (48 CFR) 53.236-1(e)

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation – give number and date of each)

AMENDMENT NO. | | | | | | | | | |

DATE | | | | | | | | | |

20A. NAME AND TITLE OF PERSON |20B. SIGNATURE |20C. OFFER DATE

AUTHORIZED TO SIGN OFFER | |

(Type or print) | |

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT | 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO | 25. OTHER THAN FULL AND OPEN

ADDRESS SHOWN IN ITEM G.6 | COMPETITION PURSUANT TO:

(1 copy unless otherwise | [ ] 10 USC 2304(c)(5) Specified.) | [ ] 41 USC 253(c)( )

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

Same as Item 7. |

|______________________________________________ EXCEPTION TO STANDARD FORM 1442 (REV.4-85) Prescribed by GSA

APPROVED BY GSA/OIRM (6/85) FAR (48 CFR) 53.236-1(e)

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

[ ] 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copy to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

[ ] 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR | 31A. NAME OF CONTRACTING OFFICER

OR PERSON AUTHORIZED TO SIGN | (Type or print)

(Type or print) |

LISA M. BOTELLA

30B. SIGNATURE | 30C. DATE |31B. UNITED STATES |31C. AWARD

| | OF AMERICA | DATE

| | BY _________________ |

EXCEPTION TO STANDARD FORM 1442 (REV.4-85) Prescribed by GSA

APPROVED BY GSA/OIRM (6/85) FAR (48 CFR) 53.236-1(e)

TABLE OF CONTENTS

9SECTION B ‑ SUPPLIES OR SERVICES AND PRICE/COSTS

9B.1

SCOPE OF CONTRACT

9B.2

SCHEDULE OF ITEMS

9B.3

PERFORMANCE TIME

9B.4

PERFORMANCE AND PAYMENT BOND REQUIREMENTS

10SECTION C ‑ DESCRIPTION/SPECIFICATION/WORK STATEMENT

10C.1

STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211‑72) (FEB 1988)

10C.2

ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

10(AGAR 452.211-73)(FEB 1988)

10SECTION D – PACKAGING AND MARKING

10SECTION E ‑ INSPECTION AND ACCEPTANCE

10E.1

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252‑2) (FEB 1998)

11E.2

FINAL INSPECTION

11E.3

FINAL ACCEPTANCE

12SECTION F ‑ DELIVERIES OR PERFORMANCE

12F.1

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)

12(FEB 1998)

12F.2

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

12(FAR 52.211-10) (APR 1984)

13F.3 LIMITATIONS ON SUBCONTRACTING (FAR 52.219‑14) (NOV 2011)

14F.4

PERFORMANCE OF WORK BY THE CONTRACTOR

14(FAR 52.236‑1) (APR 1984)

14SECTION G ‑ CONTRACT ADMINISTRATION DATA

14G.1

CONTRACTING OFFICER'S REPRESENTATIVE

14G.2

CONTRACT CLOSEOUT

16G.3

AS-BUILT DRAWINGS

17G.4

RELEASE FROM CLAIMS

17G.5

SUPPLEMENT TO CHANGES CLAUSE

G.6

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

G.7

INVOICE PREPARATION AND SUBMISSIONS FOR CONSTRUCTION

22SECTION H - SPECIAL CONTRACT REQUIREMENTS

22H.1

DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

23H.2

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

23H.3

MATERIAL AND WORKMANSHIP (FAR 52.236-5) (APR 1984)

24H.4

SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6) (APR 1984)

24H.5

PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

(CONTINUED ON NEXT PAGE)

25H.6

OTHER CONTRACTS (FAR 52.236-8) (APR 1984)

25H.7

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

25UTILITIES, AND IMPROVEMENTS (FAR 52.236-9) (APR 1984)

25H.8

OPERATIONS AND STORAGE AREAS (FAR 52.236-10) (APR 1984)

26H.9

USE AND POSSESSION PRIOR TO COMPLETION (FAR 52.236-11)

26(APR 1984)

27H.10 CLEANING UP (FAR 52.236-12) (APR 1984)

27H.11 ACCIDENT PREVENTION (FAR 52.236-13) (NOV 1991)

28H.12 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14)

28(APR 1984)

28H.13 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15)

28(APR 1984)

29H.14 SCHEDULES FOR CONSTRUCTION CONTRACTS - SUPPLEMENT

29H.15 LAYOUT OF WORK (FAR 52.236-17) (APR 1984)

30H.16 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

30(FAR 52.236-21) (FEB 1997) ALTERNATIVE I (APR 1984)

32H.17 INSURANCE COVERAGE - ALT 1 (AGAR 452.228-71) (NOV 1996)

33H.18 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT

33(AGAR 452.236-71) (NOV 1996)

33H.19

USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

33H.20 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

33H.21

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

33(AGAR 452.236-74) (NOV 1996)

34H.22 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

34H.23 KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

35H.24 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

36H.25 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

37H.26 WAGE DETERMINATION

37H.27 UTILITIES OUTAGE

37H.28 COOPERATION WITH OTHER CONTRACTORS

37H.29 SUBMITTALS AND SHOP DRAWINGS

38H.30 LIST OF MATERIALS

39H.31 PROPERTY DAMAGE LIABILITY INSURANCE

41SECTION I - CONTRACT CLAUSES

I.1

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

45I.2

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

45STATUS FOR CORPORATE APPLICANTS (AGAR 452.209–71)

45(DEVIATION 2012-01) (FEB 2012) (PA 104 A)

I.3

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (FAR 52.223-2)

(SEP 2013)

I.4

BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FAR 52.225-9)

(MAY 2014)

I.5

BID GUARANTEE (FAR 52.228-1) (SEP 1996)

54I.6

INSURANCE-WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

54(JAN 1997)

54I.7

PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

54(FAR 52.228-15) (OCT 2010)

I.8

PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS

61I.9

PRECONSTRUCTION CONFERENCE (FAR 52.236-26) (FEB 1995)

61I.10

REIMBURSEMENT FOR BOND PREMIUMS – FIXED-PRICE

61CONSTRUCTION CONTRACTS (AGAR 452.232-70) (NOV 1996)

61I.11

ORDER OF PRECEDENCE

62SECTION J - LIST OF ATTACHMENTS

63SECTION K – REPRESENTATIONS, CERTIFICATIONS AND

63OTHER STATEMENTS OF OFFEROR

63K.1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

63K.2

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8)

63(OCT 2018)

K.3

INFORMATION REGARDING RESPONSIBILITY MATTERS

71K.4

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

71DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

71(AGAR 452.209-70) (DEVIATION 2012-01) (FEB 2012) (PA 104 A)

72K.5

DUPLICATION OF COST

73SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES

73TO OFFERORS OR QUOTERS

73L.1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

74L.2

UNIQUE ENTITY IDENTIFIER (FAR 52.204-6) (OCT 2016)

75L.3

PERIOD OF ACCEPTANCE OF BIDS (FAR 52.214-15) (APR 1984)

L.4

TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

(CONTINUED ON NEXT PAGE)

L.5

NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION

MATERIALS (FAR 52.225-10) (MAY 2014)

L.6

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

78L.7

SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

79L.8

SITE VISIT (CONSTRUCTION) (FAR 52.236-27) (FEB 1995)

L.9

INQUIRIES (AGAR 452.204-70) (FEB 1988)

L.10 AMENDMENTS TO PROPOSALS (AGAR 452.215-72) (FEB 1988)

80L.11

POST AWARD CONFERENCE (AGAR 452.215‑73) (NOV 1996)

80L.12 ALTERNATIVE FORMS OF SECURITY (AGAR 452.228-70) (NOV 1996)

SECTION B ‑ SUPPLIES OR SERVICES AND PRICE/COSTS

B.1

SCOPE OF CONTRACT

The Contractor shall furnish all necessary labor, materials, equipment supplies, transportation, supervision, etc., in order to perform all elements of the work identified in the Statement of Work and Specifications, and in accordance with the clauses, drawings, attachments, and other terms and conditions set forth herein to Upgrade the Fire Alarm System at the USDA, Appalachian Fruit Research Station (AFRS), located in Kearneysville, WV.

B.2

SCHEDULE OF ITEMS

Contractor agrees to perform all the required work as described in the below referenced items and contract specifications/drawings. In order to be considered responsive, an offeror must propose on all items:

Item

Est.

Total

No.

Description

Qty Unit Unit Price Price/Cost All work shall b performed and

Job completed in accordance with the Statement of Work, drawings, specifications, etc., to Upgrade the Fire Alarm System at the USDA, ARS, AFRS, Kearneysville, WV.

B.3

PERFORMANCE TIME

Item 01: Begin performance within fourteen (14) calendar days and complete within one hundred and twenty (120) calendar days after Notice to Proceed (NTP) is issued.

B.4

PERFORMANCE AND PAYMENT BOND REQUIREMENTS

Performance and Payment Bonds shall be required. The final amount for the bond shall be 100% of the amount of the contract. If additional bond protection is required, the amount shall be in accordance with FAR Clause 52.228-15, Performance and Payment Bonds—Construction.

SECTION C ‑ DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1

STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211‑72) (FEB 1988)

Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2

ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(AGAR 452.211-73)(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO Clauses in this Section)

SECTION E ‑ INSPECTION AND ACCEPTANCE

E.1

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252‑2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html and Agricultural Acquisition Regulation (AGAR): http://www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE__________________________________

52.246‑12 AUG 1996 INSPECTION OF CONSTRUCTION

E.2

FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of re-inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.

(b) The contractor shall give the Contracting Officer ten (10) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

(c) The Contractor’s request for final inspection will not be approved unless documentation below, at a minimum, has been provided to the Contracting Officer, in addition to all other contract requirements:

o As‑built drawings

Special equipment testing certifications

Record of or definite schedule for systems demonstrations

Operating manuals and instructions for equipment item

Guarantees and warranty schedule and contacts

Certificates of inspections

Training of Appropriate Government personnel

Certified payroll records for all prime and subcontractor employees

(d) As soon as practicable, following final inspection, the Contracting Officer will inform the contractor, in writing, of any discrepancies and/or omissions noted at the final inspection. The Contracting Officer shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

E.3

FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is found completed and all contract requisites (i.e. payroll documents, final payment requests, release from claims, etc.) Submitted, the Contracting Officer shall notify the Contractor of such acceptance in writing. Written acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s right under any warranty or guarantee.

SECTION F ‑ DELIVERIES OR PERFORMANCE

F.1

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)

(FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html and Agricultural Acquisition Regulation (AGAR): http://www.dm.usda.gov/procurement/policy/agar.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

DATE

TITLE_______________________

52.242-14

APR 1984

SUSPENSION OF WORK

F.2

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 LIMITATIONS ON SUBCONTRACTING (FAR 52.219‑14) (NOV 2011)

(a)

This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to –

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the

Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

F.4

PERFORMANCE OF WORK BY THE CONTRACTOR

(FAR 52.236‑1) (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least Twenty-five percent (25 %) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G ‑ CONTRACT ADMINISTRATION DATA

G.1

CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award. The contractor will be notified by letter of the name and duties of the COR.

G.2

CONTRACT CLOSEOUT

(a) Closeout Procedures:

Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Owner's use of completed portions of work.

Provide submittals required by governing authorities.

Cleaning:

Execute cleaning during progress of work and at completion of work.

Reference other specification sections for additional specific work.

Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations.

G.2 (CONTINUED)

At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

a.

Clean all sight exposed surfaces.

b.

Leave project clean and ready for occupancy or use.

c.

All sidewalks and concrete walk areas are to be broom clean.

(5)

Areas disturbed during construction operations shall be restored generally to match conditions existing prior to start of work.

Project Records:

Maintain documents in clean, dry, legible condition.

Make documents available at all times for inspection by COR, CO, and other individuals as may be designated by the CO.

Label each document "Project Record."

Keep record documents current.

(5) Do not conceal work until required information has been recorded.

(6) At completion of work, and before final acceptance, submit as-built drawings in accordance with special contract requirements, i.e., Section H

Clause, FAR 52.236-21, Specifications and Drawings for Construction, and

Section G clause, As-Built Drawings.

(d) Operating and Maintenance Manuals:

System Demonstration

Prior to final inspection, demonstrate operation of each system to the

COR, CO, and other individuals as may be designated by the CO.

G.2 (CONTINUED)

b.

Instruct designated Government personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

Warranties and Bonds:

Submit warranties and maintenance bonds prior to final application for payment.

1.

Submit within ten days after date of substantial completion.

2.

For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

G.3

AS-BUILT DRAWINGS

On completion of work, two sets of paper specifications and one print of each of the contract drawings (one full size and one-half size) accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the Contracting Officer. Also, two electronic copies of the drawings in pdf format and specifications in both Word 2007 and pdf shall be provided on a USB Flash drive.

Where a choice of materials and/or methods is permitted, the as built drawings shall define the construction actually provided. Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. Contractor shall stamp the term RECORD DOCUMENTS, date and sign all drawings and volumes of marked specifications. Legibility and clear portrayal of the as built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM).

G.4

RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The Contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $ *________ under and pursuant to Contract No. 1232SCC19_______, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Date: ____________________

Contractor's Signature: ________________________

Print Name of Signer: ________________________

Title: __________________________________

* NOTE: The amount referenced in the paragraph above should be the total Contract amount, not just the final payment amount.

G.5 SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes Clause (FAR 52.243-4), as applicable, are supplemented as follows:

The contractor shall provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The proposal shall be in sufficient detail that will enable the Government to determine the reasonableness of the contractor's and subcontractor's cost to do the change. As a minimum, the following shall be shown:

Material quantities and unit prices;

Labor costs (broken down by trades, hours worked, and hourly rates):

3.

Labor burden (Fringe Benefits, Workmen's Compensation, And Public Liability

Insurance);

4.

Overhead;

5.

Profit;

6.

FICA, and FUTA employment taxes; and

7.

Sales tax (if any).

G.5 (CONTINUED)

On proposals offering a credit for work omitted, deductions for overhead and profit shall also be shown.

If the proposed change will result in an increase or decrease in the contract performance period, the contractor shall state the exact number of days involved. If the proposed change is approved and the Government agrees with the increase or decrease in completion time, the completion date will become a part of the contract modification.

The following is a sample summary sheet format. A similar sheet shall accompany each written detailed cost breakdown. The sample summary is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

(e) The cumulative total for overhead and profit of all subcontractors and the general contractor shall not exceed 30 percent. For work performed solely by the general contractor, the c9CONTINUED ON NEXT PAGE)

G.5 (CONTINUED)

SUMMARY SHEET FORMAT (SAMPLE)

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

1.

Direct Materials

Sales Tax on Materials ( % of Line Item 1)

Direct Labor

Fringe Benefits, Labor Taxes & Insurance ( % of Line 3)

Rental Equipment

State Sales Tax - Rental Equipment ( % of Item 1)

SUBTOTAL (add lines 1-6)

8.

Overhead ( % of Subtotal, Line 7)

9.

SUBTOTAL (add lines 7-8)

SUB-CONTRACTOR’S WORK

10. Direct Materials

11. Sales Tax on Materials ( % of line 10)

12. Direct Labor

13. Insurance, Taxes, and Fringe Benefits ( % of line 12)

14. Rental Equipment

15. Sales Tax - Rental Equipment ( % of line 14)

16. SUBTOTAL (add lines 10-15)

17. Overhead ( % of line 16)

18. SUBTOTAL (add lines 16-17)

19. Profit ( % of line 18)

20. SUBTOTAL (add lines 18-19)

TOTAL PRIME & SUB-CONTRACTOR’S WORK

21. Prime's Work (from line 9)

22. Subcontractor’s Work (from line 20)

23. SUBTOTAL (add lines 21-22)

24. Prime's Overhead on Subcontractor’s Work ( % of line 22)

25. Prime's Profit ( % of line 23)

26. SUBTOTAL (add lines 23-25)

27. Prime's Bond Premium ( % of line 26)

28. TOTAL COST

Date for Time Extension (if any and justification):

Signature & Title of Preparer Date

NOTE: The cumulative total for overhead and profit of all subcontractors and the general contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent. * A similar EXCEL copy of a cost breakdown is available upon request.

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The U.S. Department of Agriculture utilizes modules within the Department of Defense system, Contractor Performance Assessment Reporting System (CPARS). Specifically, the Construction Contractor Appraisal Support System (CCASS) module is used for construction contracts; the Architect-Engineer Contract Administration Support System (ACASS) module is used for Architect-Engineer (A-E); and the Contractor Performance Assessment Reporting System (CPARS) module is for service contracts to record and maintain past performance information. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect Engineering).

(b) The Government will register each contractor in the CCASS/ACASS/CPAR system at time of award. This registration will require that contractors provide to the Contracting Officer the name of the company’s primary contact, Contractor Representative (CR), and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CCASS/ACASS/CPARS system will send an email to the CR notifying that individual that a performance evaluation is electronically available for review and comment.

(c) Contractors will access evaluations through a secure Web site for review and comment as follows:

1. Go to URL: https://www.cpars.gov.

2. Click on CPARS Login near top left.

3. Click on Accept on the bottom of the screen.

4. Click on Contractor Logon (No PKI) at top, near right.

(CONTINUED)

Enter your CPARS system ID and password. If it is your first time and you have no password, click on Forgot Password. A temporary password will be emailed to you by the system. Then enter it and it will direct you to create your own, permanent password.

6. Then select the correct module and click on the “To Do List.”

Click on the link to the award you are looking to review the rating, which can be an interim rating; final; or afterwards for warranty situations. You now review the evaluation and if you dispute them, fill information disputing it; save; and return to Assessing Official for resolution. If not disputing, you can comment or choose not to comment and return to Assessing Official as well.

(d) Interim and final evaluations will be available to the contractor in the CCASS/ACASS/CPARS system and notification from the CCASS/ACASS/CPARS system will be sent to the contractor. The final performance evaluation will be entered in the CCASS/ACASS/CPARS system at the time of completion of the contract. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

(e) Finalized performance evaluations, both interim and final, can be found at http://www.cpars.gov.

G.7

INVOICE PREPARATION AND SUBMISSIONS FOR CONSTRUCTION

The contractor shall include the following information on each invoice in order to be considered a proper invoice:

Name and address of contractor.

Invoice number and Invoice date.

Contract number.

Description of work and period of performance.

Name, title, phone number, and complete mailing address of official to whom payment is to be sent.

Name, title, phone number, and complete mailing address of person to notify in the event of a defective invoice.

Taxpayer Identification Number (TIN) and DUNS Number.

8.

Invoices must be submitted with an RS-371 and ARS-372, along with original certified payroll records; contractor’s certification (pursuant to FAR

52.232-5); and an updated CPM Schedule.

G.7 (CONTINUED)

The contractor shall submit an email to the CO with copies at a copy of all Payrolls on a weekly basis to the CO for review and approval.

Based upon acceptance of required contract deliverables, the contractor shall submit an electronic draft invoice to the following e-mail addresses for review and approval prior to submitting an invoice to www.ipp.gov:

LISA.BOTELLA@ars.usda.gov

TRISHA.VIGIL@ars.usda.gov

The invoice will be reviewed by the COR and the CO. The CO will notify the contractor when the invoice is approved for submission into IPP.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

(a) The contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.2

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-3) (APR 1984)

(a) The contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H.3

MATERIAL AND WORKMANSHIP (FAR 52.236-5) (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

H.3

(b) The contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

H.4

SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6) (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H.5

PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall also be responsible for all damages to persons or property that occur as a result of the contractor's fault or negligence. The contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.6

OTHER CONTRACTS (FAR 52.236-8) (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.7

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (FAR 52.236-9) (APR 1984)

(a) The contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the contractor. The contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the contractor.

H.8

OPERATIONS AND STORAGE AREAS (FAR 52.236-10) (APR 1984)

(a) The contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the contractor's performance.

H.8

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the contractor and shall be removed by the contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

The contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the contractor shall protect them from damage. The contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

H.9

USE AND POSSESSION PRIOR TO COMPLETION (FAR 52.236-11) (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

H.10 CLEANING UP (FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H.11 ACCIDENT PREVENTION (FAR 52.236-13) (NOV 1991)

(a) The contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the contractor shall-

Provide appropriate safety barricades, signs, and signal lights;

Comply with the standards issued by the Secretary of Labor at

29 CFR Part 1926 and 29 CFR Part 1910; and

Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers, Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to health or safety of the public or Government personnel, the Contracting Officer shall notify the contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the contractor or the contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the contractor shall immediately take corrective action. If the contractor H.11 fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The contractor shall not be entitled to any equitable adjustment of the contract price or extension of performance schedule on any stop work order issued under this clause.

(e) The contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

H.12 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The contractor shall carefully conserve any utilities furnished without charge.

(b) The contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H.13 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15) (APR 1984)

(a) The Contractor shall, within five (5) days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

H.13

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract.