12305B24R0033_SOLICITATION.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1129725

USDA ARS NEA AAO ACQ/PER PROP

10300 BALTIMORE AVENUE

BLDG 003, RM 223, BARC-WEST

BELTSVILLE MD 20705

ARS-12305B

DILYNN ROGERS 301-504-3691

NEA MOD#11

x 08/02/2024

12305B24R0033

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

ATTACHMENT 1 Site Investigation Report 317 pages

ATTACHMENT 2 BARC Map 1 page

ATTACHMENT 3 Modernization Drawings 53pages

ATTACHMENT 4 Modernization Specifications 538 pages

ATTACHMENT 5 BARC Design Analysis 93 pages

ATTACHMENT 6 Modernization Drawings Set 2 14 pages

ATTACHMENT 7 Modernization Specifications 2 440 pages

ATTACHMENT 8 SOW BARC Elevator Modernization 4 pages

ATTACHMENT 9 Davis-Bacon Act WD MD20240054 14JUN24 9 pages

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 275 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

09/02/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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.)

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

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA ARS NEA AAO ACQ/PER PROP

10300 BALTIMORE AVENUE

BLDG 003, RM 223, BARC-WEST

BELTSVILLE MD 20705

ARS-12305B

ROGER D. AMMONS

28. NEGOTIATED AGREEMENT 29. AWARD

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.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12305B24R0033

Delivery Location Code: ARS-12305A

USDA ARS NEA AAO OFFICE OF DIRECTOR

10300 BALTIMORE AVENUE

BLDG 003, RM 223, BARC-WEST

BELTSVILLE MD 20705 US

0001 BASE CLIN: All work associated with the modernization of Elevator 001 located in Building

001, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

0002 CLIN OPTION 1: All work associated with the modernization of Elevator 002 located in Building

003, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

0003 CLIN OPTION 2: All work associated with the modernization of Elevators 007 and 008 located in

Building 307B, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer. One (1) of these elevators must remain operational at all times.

0004 CLIN OPTION 3: All work associated with the modernization of Elevator 006 located in Building

010A, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

0005 CLIN OPTION 4: All work associated with the modernization of Elevator 003 located in Building

004, including mechanical, electrical and life

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12305B24R0033 safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

0006 CLIN OPTION 5: All work associated with the modernization of Elevator 009 located in Building

307C, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

0007 CLIN OPTION 6: All work associated with the modernization of Elevator 004 located in Building

006, including mechanical, electrical and life safety upgrades. This work includes conversion from existing freight configuration to service/passenger configuration. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

0008 CLIN OPTION 7: All work associated with the modernization of Elevator 005 located in Building

007, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

C - SECTION C - DESCRIPTION/SPECS./WORK STATEMENT…………………………….7

D - SECTION D - PACKAGING AND MARKING…………………………………………….8

E - SECTION E - INSPECTION AND ACCEPTANCE………………………………………..9

F - SECTION F - DELIVERIES OR PERFORMANCE

G - SECTION G - CONTRACT ADMINISTRATION DATA

H - SECTION H - SPECIAL CONTRACT REQUIREMENTS

I - SECTION I - CONTRACT CLAUSES

J - SECTION J - LIST OF ATTACHMENTS

K -SECTION K - REPRESENTATION, CERTIFICATIONS, AND OTHER………………..24

L - SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS……..33

M - SECTION M - EVALUATION FACTORS FOR AWARD………………………………...40

B - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PRICE SCHEDULE:

(a) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(b) Definition of CLIN – Contract Line Item Number.

CLIN # DESCRIPTION QTY UNIT PRICE TOTAL

0001 BASE CLIN 1 Lump Sum

(LS)

0002 CLIN OPTION 1 1 Lump Sum

(LS)

0003 CLIN OPTION 2 1 Lump Sum

(LS)

0004 CLIN OPTION 3 1 Lump Sum

(LS)

0005 CLIN OPTION 4 1 Lump Sum

(LS)

0006 CLIN OPTION 5 1

Lump Sum

(LS)

0007 CLIN OPTION 6 1 Lump Sum

(LS)

0008 CLIN OPTION 7 1 Lump Sum

(LS)

TOTAL, FOR CONTRACT (0001 - 0008) $

End of this section

C - SECTION C - DESCRIPTION/SPECS. /WORK STATEMENT

C.1 DESCRIPTION OF WORK:

The work to be done consists of furnishing all labor, materials, and equipment and performing all work in strict accordance with these specifications for BARC Elevator Assessment and Modernization in Beltsville, MD. Bidder shall provide Base Bid pricing and Alternate pricing as defined in the contract documents.

C.2 GENERAL REQUIREMENTS:

BASE CLIN: All work associated with the modernization of Elevator 001 located in Building 001, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

CLIN OPTION 1: All work associated with the modernization of Elevator 002 located in Building 003, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

CLIN OPTION 2: All work associated with the modernization of Elevators 007 and 008 located in Building 307B, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer. One (1) of these elevators must remain operational at all times.

CLIN OPTION 3: All work associated with the modernization of Elevator 006 located in Building 010A, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

CLIN OPTION 4: All work associated with the modernization of Elevator 003 located in Building 004, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

CLIN OPTION 5: All work associated with the modernization of Elevator 009 located in Building 307C, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

CLIN OPTION 6: All work associated with the modernization of Elevator 004 located in Building 006, including mechanical, electrical and life safety upgrades. This work includes conversion from existing freight configuration to service/passenger configuration. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

CLIN OPTION 7: All work associated with the modernization of Elevator 005 located in Building 007, including mechanical, electrical and life safety upgrades. Work also includes data cable required to connect to remote remove elevator monitoring software provided by the elevator manufacturer.

D - SECTION D - PACKAGING AND MARKING

(There are no Clauses in this Section)

E - SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/browse/index/far and www.acquisition.gov/agar

(End of clause)

E.2 FAR CONTRACT CLAUSES INCLUDED BY REFERENCE:

52.236-15 Schedules for Construction Contracts (Apr 1984) 52.246-12 Inspection of Construction (Aug 1996)

E.3 AGAR CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.246-70 – Inspection And Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: job site, BARC, Beltsville, MD.

E.4 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 all documentation required below, and all other contract requirements have been provided to the Contracting Officer:

-Guarantees and warranty schedule and contacts -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 o f any unsatisfactory work necessary for final acceptance.

E.5 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 determined to be complete and all requisite contract deliverables (e.g., certified payroll records, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

F - SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/browse/index/far and

F.2 FAR CONTRACT CLAUSES INCLUDED BY REFERENCE:

52.242-14 Suspension of Work (APR 1984)

F.3 FAR CONTRACT CLAUSES INCLUDED BY FULL TEXT:

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within __10__ 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 ____520____.The time stated for completion shall include final cleanup of the premises.

F.1 PERFORMANCE TIME

The Period of Performance (PoP) shall be two-hundred-seventy-five (275) calendar days from the issuance of the Notice to Proceed (NTP) for one (1) elevator and five-hundred-twenty (520) days if multiple elevators are awarded.

If multiple elevators are awarded the start of each additional elevator shall elevator shall overlap the start of the previous by two (2) months in order to keep the crews moving in a timely fashion.

G - SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE:

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING

PLATFORM (IPP):

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the clause.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within 3-5 business days of the contract award date. If you haven’t received an email within the specified timeframe, please contact the IPP Vendor Support at IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973- 3131.

Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities (if applicable) for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so, may cause a delay in approval and/or rejection of submitted invoices.

Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit requests for payments (invoices) by following the instructions as described below:

1. To ensure timely processing of invoices under the contract/agreement, the contractor must submit all invoices to the following e-mail address:

rogers.ammons@usda.gov and dilynn.rogers@usda.gov

2. A proper invoice shall be submitted by email concurrent with submission to IPP and shall include the information as required by the payment terms and conditions contained in this contract.

3. The subject line of the email shall be formatted to read as follows:

Contract Number, Invoice Number, Contracting Officer’s last name Example: 12905B20R0022_Invoice No. 1_Smith

4. The Invoice shall be attached to the email and named using the following format:

Contract Number, Contractor Name, Invoice Number, Invoice Amount Example: 12905B20R0022_Contractor ABC_Inv No._1-$5,678.00

5. Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc.

6. The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.

H - SECTION H - SPECIAL CONTRACT REQUIREMENTS

H. 1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.236-71 – Prohibition Against the Use of Lead-Based Paint (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than

0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

(End of Clause)

AGAR 452.236-72 – Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall(i)provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

452.236-75 Maximum Workweek - Construction Schedule (NOV 1996)

Within __5__ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is Mon- Fri 7:30am – 4:30pm.

Maximum Workweek – Construction Schedule (Supplement)

The following applies to all work performed on Government-owned property:

(a) Listed below are official Government holidays:

New Year’s Day, January 1* Martin L. King Birthday, Third Monday in January George Washington’s Birthday, Third Monday in February Memorial Day, Last Monday in May Juneteenth, June 19* Independence Day, July 4* Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans Day, November 11* Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25* Inauguration Day, January 20* (for Washington D.C. Metropolitan Area (WDCMA))

*In accordance with Federal regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, holiday will be observed on Monday. The contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security, Government identified emergency health and safety evacuation, etc.

(c) SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has been issued for the area in which construction is being performed, the contractor shall immediately take action to tie down, or otherwise secure structures, materials, and equipment on the job site that could become airborne as a result of strong winds, thunderstorms, rain or other weather-related conditions, including protection from extreme or extended periods of cold or heat. These requirements are applicable 24 hours a day, 7 days a week.

(d) WORK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, he shall submit a written request to the CO/COR 5 working days in advance to allow ample time for approval or disapproval and to enable satisfactory arrangements to be made for security, safety, and inspecting the work progress. In cases where the contractor receives approval to work outside of normal working hours for his convenience, cost incurred by the contractor for overtime and additional cost incurred by the Government for services including inspection costs shall be borne by the contractor.

AGAR 452.237-74 – Key Personnel (FEB 1988)

(a) The contractor shall assign to this contract the following key personnel:

Site Superintendent ____________________________

Project Manager ____________________________

(b) During the first ninety (90) days of performance, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-period, the contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the person(s) being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.3 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least three (3) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

H.4 COOPERATION WITH OTHER CONTRACTORS

During the period of construction for the work covered by this contract, other contractors performing work for the Government may be operating concurrently at the site. To minimize interference and delay to the construction progress of all concerned, all contractors shall cooperate with each other and coordinate their construction operations to the fullest extent. As far as practicable, all contractors performing work for the Government at the site shall have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter shall be referred to the Contracting Officer.

H.5 SUBMITTALS AND SHOP DRAWINGS

(a) The Contractor shall submit for approval, shop drawings of all manufactured products required in the construction for which such drawings are hereinafter required. When approved, one set will be retained; one set forwarded to the Government representative on the job and two sets forwarded to the Contractor. When changes or corrections are necessary, two sets will be returned to the Contractor with such corrections noted thereon, and he shall resubmit revised prints.

(a) Shop drawings shall be marked with the contract number and Work Order Number, project description, name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the contract requirements because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal.

(b) Approval of shop drawings will be general and will not relieve the Contractor from the responsibility of furnishing material and work required by the contract.

(c) Shop drawings shall be submitted for approval in ample time to permit checking of the drawings, allow the Contractor to make any corrections and resubmit drawings prior to the time construction is started on work covered by any drawings.

(d) Non-approval of equipment due to failure to meet specifications, or non-approval of the Contractor’s drawings due to submission of incomplete or incorrect information cannot be considered as a basis for extension of time for completion of the contract.

(e) The quantity of shop drawings required are subject to change. This will occur only when the Government is under contract with an A-E firm to approve shop drawings. In this respect, A-E will coordinate final quantity required between all interested parties.

H.6 LIST OF MATERIALS

(a) The Contractor shall submit for approval a complete list, in duplicate, of brands, type, and make of various equipment and materials proposed to be used. If the Contractor fails to submit such a list, or names of equipment which does not comply with the specifications, or if the manufacturers named are unsatisfactory, the Government reserves the right to reject same and to select satisfactory substitute materials. This selection shall be final and finding upon the Contractor, and the work shall be installed on this basis without change in contract price.

(b) In order to properly identify and to prove compliance with the requirements of the specifications, the Contractor shall give the following data for each product included in the list of materials.

Section heading of the specifications under which material is specified. Manufacturer’s name and address.

Grade, type, trade or catalog number. Size, capacity, and other pertinent data.

(c) All materials, fixtures, and equipment furnished and installed under this contract shall be new and of the best quality; shall be standard cataloged products or reputable manufacturers products or of special manufacture, satisfying completely the contract requirements.

(d) Similar items, unless otherwise specified herein or approved by the Contracting Officer, shall be the product of the same manufacturer, and those fulfilling the same requirements as to size and construction shall be identical.

(e) Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict contractor to brand specified; however, any substitution must be met with approval of the Contracting Officer. Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

H.7 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance-Work on a Government Installation, is in full compliance with all the terms and conditions of this contract.

The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government’s rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government’s rights, the Contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the Contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes and laws. The Contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the Contractor.

For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the Contractor. This liability and responsibility includes the activities of all the Contractor’s personnel, their subcontractors and suppliers.

H.8 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

Any subcontractors, outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified at time of award or agreed upon during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these individuals or firms.

I - SECTION I - CONTRACT CLAUSES

PART II - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/browse/index/far and

I.1 CONTRACT CLAUSES INCLUDED BY REFERENCE:

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUNE 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-14 Display of Hotline Poster(s) (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-2 Security Requirements (MAR 2021) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-12 Unique Entity Identifier Maintenance (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (NOV 2021) 52.215-2 Audit and Records-Negotiation (JUN 202) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (JUN 2020) 52.215-12 Subcontractor Certified Cost or Pricing Data (JUN 2020)

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (JUN 2020) 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010) 52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (JUL 2005) 52.215-19 Notification of Ownership Changes (OCT 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modifications (NOV 2021) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (FEB 2024) 52.219-14 Limitations on Subcontracting (OCT 2022) 52.219-28 Post-Award Small Business Program Rerepresentation (FEB 2024) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination-Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method)

(AUG 2018)

52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2020) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) 52.223-3_Alternate I (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) 52.223-10 Waste Reduction Program (MAY 2024) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) 52.223-20 Aerosols (MAY 2024) 52.223-21 Foams (MAY 2024) 52.223-23 Sustainable Products and Services (MAY 2024) 52.225-9 Buy American-Construction Materials (OCT 2022) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-7 Drug-Free Workplace (MAY 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity-Construction Contracts (DEC 2007) 52.228-1 Bid Guarantee (SEPT 1996) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.228-11 Individual Surety—Pledge of Assets (FEB 2021) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-16 Progress Payments (NOV 2021) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2024) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.236-28 Preparation of Proposals-Construction (OCT 1997) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering-Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.249-10_Alternate I (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

I.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within _6 months_. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

I.3 AGAR CONTRACT CLAUSES BY FULL TEXT:

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

The 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.

AGAR 452.211-73 -- ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS (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.

AGAR452.211-74 -- PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from Notice to Proceed through Completion Date.

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

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: telephonic.

AGAR 452.228-71 -- INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage covering the operations of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and

(d) $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(e) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.232-70 -- REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE CONSTRUCTION

(NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

AGAR 452.236-70 -- ADDITIVE OR DEDUCTIVE ITEMS (FEB 1988)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because of each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items.

AGAR 452.236-76 -- SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or…