USDA_Whitten_Building_Elevators_5_&_6_Modernization_Solicitation_03_23_2018.pdf

REQUEST FOR PROPOSAL (RFP) dated March 23, 2018 Elevators 5 & 6 Modernization, USDA Whitten Building

USDA Solicitation # 12314218B0006

REQUEST FOR PROPOSAL (RFP)

Elevators 5 & 6 Modernization, USDA Whitten Building dated March 23, 2018

Table of Contents

SECTION TITLE

Part I—The Schedule

A Solicitation/contract form

B Supplies or services and prices/costs

C Description/specifications/statement of work

D Packaging and marking

E Inspection and acceptance

F Deliveries or performance

G Contract administration data

H Special contract requirements

Part II—Contract Clauses

I Contract clauses

Part III—List of Documents, Exhibits, and Other Attachments

J List of attachments

Part IV—Representations and Instructions

K Representations, certifications, and other statements of offerors or respondents

L Instructions, conditions, and notices to offerors or respondents

M Evaluation factors for award

OFFERORS SUBMISSION INSTRUCTIONS

BUSINESS ETHICAL CONDUCT AND PROCUREMENT INTEGRITY - Offerors are prohibited from contacting any USDA staff regarding this requirement. To protect the procurement integrity of this requirement and to avoid the appearance of an unfair advantage to any Offeror, interested Offerors shall not contact the program office or any other USDA staff directly, but shall direct all inquiries to the Contracting Officer.

Proposals received from Offerors that do not comply, will result in not being considered for award.

TENTATIVE Milestone Plan

Friday March 23, 2018 Post on FedBizOpps.gov

Monday, April 02, 2018 @ 2:00PM (EST) Due date for Phase One questions

Tuesday, April 10, 2018 @ 2:00PM (EST) Due date for Phase One proposals

On or about Friday, April 20, 2018* RFP sent for Phase Two proposals

On or about Thursday, April 26, 2018 @ 10:00AM (EST)* Site visit to Phase Two offerors

On or about Thursday, May 03, 2018 @ 2:00PM (EST)* Due date for Phase Two questions

On or about Thursday, May 24, 2018 @ 2:00PM (EST)* Due date for Phase Two proposals

*dates will be confirmed once the USDA source selection team completes the evaluation of the Phase One responses.

Evaluation will be based on FAR Subpart 36.3—Two-Phase Design-Build Selection Procedures. Phase One proposals are due no later than Tuesday April 10, 2018, @ 2:00 PM EST. The USDA source selection team will evaluate all Phase One responses and choose up to five (5) of the most highly qualified offerors and request that only those offerors submit Phase Two proposals. Phase Two proposals are due no later than on or about

Thursday, May 24, 2018, @ 2:00 PM EST.

PROPOSAL QUESTIONS – NO TELEPHONE CALLS, PLEASE. We are encouraging for all interested parties to submit any questions or clarifications, in writing, no later than Monday, April 02, 2018, 2:00 PM

(EST), via email, to gerardo.rivera@wdc.usda.gov. Questions received after this deadline may not get a response. USDA will reply to the posted questions as part of an amendment.

Once the USDA source selection team chooses up to five (5) of the most highly qualified offerors and request that only those offerors submit Phase Two proposals, then those offerors will have a chance to ask questions no later than on or about Thursday, May 03, 2018 @ 2:00PM (EST). USDA will reply to the posted questions as part of an amendment.

SITE VISIT - For the offerors chosen to submit Phase Two proposals the Office of Operations (OO) Facilities

Operations and Maintenance Branch is scheduling one (1) site visit as follows: on or about Tuesday April 26, 2018 @ 10:00AM (EST). No other site visits will be scheduled. Site visits are highly encouraged to attend for all interested parties. The USDA Office of Operations (OO) will not be providing any technical feedback at that time of the site visit. If you have any technical or procedural questions or clarifications you will have to put them in writing to this office.

mailto:gerardo.rivera@wdc.usda.gov

To attend you will need to go to the Whitten Building Visitor’s entrance. USDA’s Whitten Building address is

1400 Independence Avenue, SW in Washington, DC; however, the Visitor's Entrance faces Jefferson Drive, SW, between 12th and 14th Streets, South of the National Mall. Due to limited parking in the area and traffic congestion, Metro is the easiest way to access the Whitten Building (Smithsonian stop).

Visitor Access to the Whitten Building requirements for Non-Government Employees:

• May enter and exit only at the visitor’s entrance on Jefferson Drive.

• Must present a driver’s license or government issued photo identification card to building security.

• Building escort is required.

The site visit will not be recorded. USDA Office of Operations (OO) will be showing you the location of the scope of the work. Again, USDA will not be providing any technical feedback at that time of the site visit – but clarifying the scope of work. If you have any technical questions, or need further clarifications, you will have to send the questions in writing.

PROPOSAL DUE DATE AND TIME – Detailed Phase One proposals shall be submitted, via email, to gerardo.rivera@wdc.usda.gov no later than Tuesday, April 10, 2018 @ 2:00PM (EST). Responses received after this deadline will not be considered for an award. Note that the PAST PERFORMANCE

QUESTIONNAIRES are due at the same time as the Phase One proposals.

The USDA source selection team will choose up to five (5) of the most highly qualified offerors and request that only those offerors to submit Phase Two proposals. Phase Two offerors will have a chance to submit a response to Phase Two no later than on or about Thursday, May 24, 2018 @ 2:00PM (EST) mailto:gerardo.rivera@wdc.usda.gov

Part I—The Schedule

Section A - Solicitation/contract form

SF-1442 – Solicitation, Offer and Award (Construction, Alteration, or Repair).

Refer to the first three (3) pages of this Solicitation.

Section B - Supplies or services and prices/costs

Offerors chosen to submit Phase Two proposals shall fill out the SF-1442.

Furnish all labor, materials, equipment and supervision required for all work related for the Modernization of existing Elevators 5 & 6 at the USDA Whitten Building located at 1400 Independence Avenue, SW, Washington DC, 20250, in accordance with this entire solicitation package.

Offeror shall submit their cost estimate for both Design (Refer to CLIN 0001) and for Construction (Refer to

CLIN 0002) as a response to this Request for Proposal (RFP). In addition to completing the attached SF-1442 the offeror shall submit an itemized proposal for the work (i.e need to itemize both the design portions (survey, design, meetings, shop drawings reviews & approval, inspections, as needed, and as-built), and the construction portion of the work (need to show the various sub-contractors pricing)). Evaluation shall be made based on the overall price. Supportive information (or itemized breakdown) will back up the price reasonableness determination. Performance & Payment bonds shall be included.

Contractor may encounter some hazardous materials (asbestos and/or lead) in the area of work. The proposal shall include an allowance of $15,000.00, as part of the construction amount, for the abatement of any hazardous material as required per regulations. If the actual cost of the abatement is more or less than the proposed $15,000, then a modification to the contract will be executed by the Contracting Officer.

Section C - Description/specifications/statement of work

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 C below.

(End of Clause)

AGAR 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section C- below - are hereby made part of this solicitation and any resultant award.

(End of clause)

Biobased Products

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002

(FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation

Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting

Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers

Insulating foam

Concrete and asphalt release fluids

Fluid-filled transformers

Wood and concrete sealers

Composite panels

Adhesive and mastic removers

Carpets

Roof coatings

Hydraulic fluid

Water tank coatings

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular crop or livestock). In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts. Within five (5) calendar days after receipt of a written request from the Contracting Officer, the Contractor shall submit a Minor Construction Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR.

The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased construction products which must be selected in accordance with the criteria included above.

At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract.

The data will be submitted to the COR quarterly. A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

STATEMENT OF WORK (SOW)

Elevators 5 & 6 Modernization

USDA Whitten Building

PART 1 –GENERAL

1.1 BACKGROUND

The United States Department of Agriculture (USDA) Headquarters (HQ) in Washington D.C. consists of two

(2) buildings – the Jamie L. Whitten Building and the South Building. The Whitten Building was constructed in

1905 and South Building was built in the early 1930s. The two buildings are connected by bridges that span

Independence Avenue. Both buildings are on the National Register of Historic Places.

The Whitten Building, originally known as the Administration Building was built in two phases. The L-shaped, East and West wings were built from 1904 through 1908. The central section was built from 1928 through 1930.

This is the only Federal Building that faces the National Mall.

The elevators in Whitten Building have substantially exceeded their life expectancy. The elevators should be upgraded to comply with current codes and vertical transportation standards.

On October 12, 2017, AECOM and its consultants created a “Bridging Documents for Elevator Modernization” document identifying the elevator deficiencies and Scope of Work for the elevator modernization at the USDA

HQ Buildings. However, due to lack of government funding, only Elevators 5 & 6 (which are primarily serving the Secretary of Agriculture and the occupants in the Whitten Building central section) will be modernized under this project. The Bridging Documents will be the basis of the Scope of Work for this project. The only items related to Elevators 5 & 6 which are listed in the Bridging Documents are part of this project. The Whitten generator installation, including the new emergency power switchboard/distribution panel located in the basement of central section (or location as identified by the generator contractor) to feed Elevator 5 & 6 will be installed under a separate contract; however, the new feeder and all other associated electrical work identified in Page 250 of the Bridging Documents are part of this project.

The Whitten Building is served by a total of 9 elevators; 6 geared and 3 gearless elevators. Elevators 5 & 6 are gearless electric traction elevators. Refer to the Bridging Documents, Section 3.1 (Pages 193 through 197) for a more detailed overview of this project.

1.2 OBJECTIVE

Implement a design / build project inclusive of survey, design and construction of the modernization of

Elevators 5 & 6 to comply with current codes and vertical transportation standards. A detailed project objectives are listed in the Bridging Documents, Section 3.2 (Pages 199 through 208).

Comply with all life-safety requirements, National Electrical Code, OSHA, NEMA, NFPA, ASHRAE and all applicable Local, Federal Codes and Regulations.

The majority of the work can be done during normal business hours except for noise producing activities such as jack hammering and core drilling, and work requiring power outages must be done after hours and on weekends.

1.3. SCOPE OF WORK

The Design/Build (D/B) contractor shall provide and deliver a firm fixed price proposal to include all labor, supervision, transportation, equipment, and materials to assure an effective and timely completion of the complete and safe modernization of the historic passenger Elevators 5 & 6 and its associated equipment as shown and specified by the contract, drawings, specifications and Elevator Bridging Documents including the permit fees.

The project includes the final “third party compliance inspection and certification.”

The D/B contractor work includes, but is not limited to:

Modernize the elevator bank 5 & 6 as outlined in the Bridging Documents (Pages 249-252).

Provide site survey, preparation of the construction documents for the modernization of Elevators 5 & 6 as specified in the Bridging Documents and the Statement of Work.

Provide the gearless electric traction elevator modernization as specified in the Bridging Documents, Section 142200, Part 1, 1.1 through 1.17 (Pages 459-475).

The new elevator motors shall be 480/277V. The contractor shall provide step-up/step-down transformers and power panels as needed to feed the new equipment.

Provide the elevator modernization as listed in the Bridging Documents, Section 142200, 2.1, A, B. Refer to Pages 480-483 for the summary of the work.

The car enclosures for Elevators 5 & 6 are historic and need to be refurbished to like new condition (Refer to Page 547 of Section 142200, 2.9.A) as described in Section 013591.

Design is to include step-down transformers, electric panels to power elevators and other loads.

Connect the new elevators to the existing fire alarm control panel and programming.

Connect the new elevators to the elevator control panel including programming.

Submit plans to GSA F/A shop for approval and attend related meetings or presentations, if required, for implementation and final testing/approval.

Submit plans for approval and attend related meetings or presentations, if required, from historic agencies for implementation.

Provide abatement of hazardous materials (such as lead and asbestos) in the construction areas, as needed.

Obtain necessary permits, including the final “third party compliance inspection and certification.”

Provide barricades and alternate paths/signs to guide building occupants around the construction areas.

Equipment start-up and training on new elevators and other equipment shall be provided by factory technician.

Any discrepancies and/or deviations between the Bridging Documents and the SOW to be noted to the

Contracting Officer (CO) and be resolved prior to proceeding with the work.

The final construction documents and installation to comply with the latest vertical transportation standards and historic requirements.

Provide all necessary cutting/channeling, patching to install new conduits, and equipment. Any areas damaged shall be restored to original conditions. All paint colors shall be approved by USDA and shall be low VOC.

PART 2 – EXECUTION

Refer to detailed execution plan outlined in the Bridging Documents, Section 142200, Part 3 (Pages 551 through 554).

2.1 SURVEY, DESIGN and BUILD

The D/B contractor shall conduct an onsite survey in order to design the above mentioned requirements; the

D/B contractor shall then proceed with the design and specifications for the project. Once the 95% design and specifications have been reviewed and approved by the government, the D/B contractor can begin mobilization.

The D/B contractor shall continue with their effort to complete the final design build drawings and specifications as per the timeline below.

2.2 QUALITY CONTROL

Work shall be done based on the final approved drawings and specifications. D/B contractor shall coordinate inspections, tests, punch list, and final inspection through the COR. Rejected work shall be corrected to the satisfaction of the Government at no additional cost to Government. Work shall be in accordance with the latest edition for each of the trade codes, local, state and federal laws. A/E entity of the D/B contractor shall be the

QC chief.

PART 3 - MISCELLANEOUS REQUIREMENTS

3.1 WORK SEQUENCE

3.1.1 COORDINATION

Coordinate construction schedules and construction operations with the Contracting Officer's Representative

(COR). All changes and matters related to costs and schedules shall be approved by the Contracting Officer prior to proceeding.

3.1.2 PERIOD OF PERFORMANCE

USDA anticipates the modernization of both elevators to be completed within 521 calendar days after award takes place. USDA’s estimate for the construction duration is for it to not exceed four hundred and five (405) calendar days from the final design acceptance by the government, provided there is no additional review time required by

GSA. Tentative timetable as follows:

Tentative Milestone Schedule calendar days

Award 0

Submission and Approval of Performance and Payment Bonds 10

Kick off meeting 1

50% design package ** 28

50% government review 14

50% on-board review meeting * 0

95% design package ** 28

95% government review 14

95% on board review meeting * 0

Final Design Package ** 14

Final Design Package review 7

Final Design Package on board review meeting * 0

Construction 405

Period of Performance 521

* On board review meetings shall take place during the government review period.

**The submission plan listed in the Bridging Documents (Page 71) has been modified to expedite the project duration.

The D/B contractor shall be working in and around an occupied building by the Secretary of Agriculture and other dignitaries and shall plan their work accordingly. The D/B contractor may also need to adjust or reschedule their work plan to meet the Secretary’s schedule on a short notice. No additional monetary or time extensions shall be granted for these temporary work plan adjustments. The normal working hours of the building occupants are from

6:00 AM through 6:00 PM, Monday through Friday, excluding weekends and holidays. Except as noise producing activities like jack hammering and core drilling, the remaining work can be accomplished during normal working hours. The noise producing work and power outages must be done after hours and on weekends. Any work requiring power outages must be scheduled fourteen (14) working days in advance.

3.2 DELIVERY

The D/B contractor shall coordinate material delivery and on-site storage with USDA. The on-site storage of materials for this project shall be limited to the attic in the South Building or mechanical room (limited areas) in

Whitten Building. Store materials without creating any hazard conditions and accessibility to equipment’s and at contractor’s risk.

3.3 DISPOSAL OF REMOVED MATERIALS, EQUIPMENT and DEBRIS

The D/B contractor shall be responsible for the off-site disposal of all removed materials per applicable Federal, State, and local environmental disposal laws and regulations. The USDA reserves the right to retain any parts or components that may be useful for the ongoing maintenance or service of their other equipment. The contractor shall insure that the work place is cleaned at the end of each workday.

3.4 SAFETY AND FIRE PREVENTION

The D/B contractor shall observe all normal rules governing safety on construction projects and shall comply with all Federal, State, Local construction regulations, and directed by the COR. Material Safety Data Sheets for all compounds used shall be provided to the Government prior to those compounds being brought into the facility.

The contractor shall obtain a “Hot Work Permit” or “burn permit” from the USDA and shall be kept at the site, prior to performing welding, soldering, torch or an open flame.

3.5 SECURITY REQUIREMENTS

The contractor shall comply with USDA security regulations for identification passes for all workers.

3.6 PARKING

Parking shall not be provided.

3.7 GOVERNMENT-FURNISHED MATERIALS

The Government shall not furnish any materials for this project.

3.8 SUBMITTALS

3.8.1 DESIGN SCHEDULE

1. 50% Design Package ½ size drawings, specifications, product catalog.

4 copies each

38 calendar days after award of contract

2. 95% Design Package ½ size drawings, specifications

28 calendar days after approval of 50% submission by the Government

3. Final Design Package ½ size drawings, specs, final QC plan, final safety plan, product catalogs

14 calendar days after approval of 95% submission by the Government.

The contractor shall conduct an on-board review meeting at the 50%, 95% and final submissions. The government review period for each design submission will be 14 days, except the final will be 7 days.

D/B contractor shall submit short circuit and breaker settings calculation with 95% and final Design Package submission.

*Note that additional review time may be required by GSA Fire Alarm shop and other USDA agency offices on the review of the design submissions.

3.8.2 CONSTRUCTION SUBMITTALS

The D/B contractor shall submit four (4) copies each of the following submittals:

1. Refer to Bridging Documents, Section 142200-8, 1.7, A, B, C, D and E (Pages 466 through 470)

2. Construction schedule

3. Schedule of values

4. Conduit

5. Conduit labeling

6. Wiring devices

7. O/M Manuals

8. Project close-out package including the test results, warranty certificates, and contact info.

The D/B contractor shall provide above referenced engineer approved shop drawings to Government for final review and prior to start of any construction (besides O/M manuals and project close-out package).

The above are the minimum submission requirements and the government may request additional submittals as deemed necessary for this project. The government review time for each submission shall be no longer than fourteen (14) days, except the final submission will be 7 days.

3.9 WARRANTY AND PROJECT CLOSEOUT PACKAGE

The D/B contractor shall warranty materials and labor for a period of at least 12 months, or as per the manufacturer’s warranty period, whichever is greater from the signed date indicating satisfactory completion of the contract including punch list items. Any device requiring warranty service shall be removed and replaced by the contractor and processed per the manufacturer's policy.

The D/B contractor shall provide two (2) copies of O/M manuals (binders and electronic copy) with warranty information and contact phone numbers. All necessary training and equipment startup shall be done by a factory technician or manufacturer representative. Refer to Section 142200, 3.8 (Pages 554 through 556) for more details.

3.10 MAINTENANCE

Refer to Bridging Documents, Section 142200-13, 1.11, A, B, and C (Pages 471 and 472)

3.11 AS-BUILT DRAWINGS

The D/B contractor shall provide two (2) copies of completed ½ size as-built drawings and two (2) electronic copies on thumb drives to the Government prior to project closeout.

PART 4 SPECIAL CONSIDERATIONS

1. The Architects and Engineers of the design/build team shall be registered in the District of Columbia and all final design documents shall be stamped by a professional engineer licensed in the District of

Columbia. The construction contractor shall have a valid general contractor’s license in DC.

2. The D/B contractor shall attend pre-construction, and bi-weekly or as determined necessary meetings by the CO, COTR and others. The contractor shall prepare and distribute written minutes of the meetings to all interested parties.

3. Submittal shall be reviewed, stamped and approved by the designer of record before they are submitted to

USDA for review & comments.

4. Work shall be coordinated by the USDA Office of Operations (OO) Facilities Operations and Maintenance

Branch.

5. A pre-proposal meeting with the prospective D/B contractor and government is highly recommended to bid on this project.

6. Proposed equipment shall meet the physical constraints of the existing rooms or areas without any major modification and shall be included as part of the Scope of Work.

7. D/B contractor shall anticipate last minute changes in the construction schedule due to working in and around the Secretary’s Building and other important officials.

SECTION D – PACKAGING AND MARKING

There are no clauses included in this section

SECTION E – INSPECTION AND ACCEPTANCE

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):

https://acquisition.gov/far/index.html

52.246-12 Inspection of Construction (Aug. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. 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.

SECTION F – DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to:

(a) commence work under this contract within __1_____ 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 _511__ calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages – Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of __$ 940.00__ for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION G – CONTRACT ADMINISTRATION DATA

Designated Payment Office Contact Point

The contact point described below coordinates the issuance of payments under this contract. If payment is not received on time after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

USDA-National Finance Center

Administrative Payments Branch (APB)

Telephone: (800) 421-0323 or (504) 426-6510

If questions arise on the amount paid, contact:

TBD

Contracting Officer’s Representative

PHONE # 202-XXX-XXXX

EMAIL ADDRESS: firstname.lastname@dm.usda.gov

If the contractor’s payment address is different than the company’s address, that payment address must be specified in the contractor’s submitted offer.

Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment

Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Contractor shall submit an up-to-date schedule of values which shows percentage of completion of each of the items to back up the individual invoice.

Contracting Officer’s Authority

The Contracting Officer (CO) is the only person authorized to approve changes to any of the requirements of this project. The authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Contracting Officer’s Representative

The Government’s Contracting Officer’s Representative (COR) is an individual designated in writing by the

Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitation as defined by the CO. The COR does not have the authority to modify the contract to change the requirements or to add funding. Any subsequent change to the

COR or COR responsibilities will be confirmed in writing by the CO. In no instance shall the COR be delegated authority to order any change in the Contractor’s performance which would affect cost or a change to the contract requirements.

mailto:firstname.lastname@dm.usda.gov

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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.

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, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite 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 work force at the site and (ii) dispose of solid waste in accordance with applicable

Federal, State and local regulations.

AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.)

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the

Contracting Officer.

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 his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

Part II—Contract Clauses

Section I - 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 address: https://acquisition.gov/far/index.html

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-28 Post-Award Small Business Program Representation (JUL 2013)

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015)

52.222-3 Convict Labor (JUN 2003)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (May 2014)

52.222-9 Apprentices and Trainees (Jul 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination -- Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sep 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.222-35 Equal Opportunity for Veterans (Oct 2015)

52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Feb 2016)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep

2013)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995)

52.223-6 Drug-Free Workplace (May 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May

2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions of Certain Foreign Purchases (JUN 2008)

52.227-4 Patent Indemnity -- Construction Contracts (Dec 2007)

52.226-3 Disaster or Emergency Area Representation (Nov 2007)

52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.232-5 Payments under Fixed-Price Construction Contracts (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 (Jul. 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (JUL 2002) Alternate I (DEC 1991)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contact Claim (OCT 2004)

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)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (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)

52.242-14 Suspension of Work (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (Nov 2017)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.219-14 -- Limitations on Subcontracting (Jan 2017)

(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) participants;

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

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/08.htm#P276_47681 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P464_78717

(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 --

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

(2) Supplies (other than procurement from a nonmanufacturer 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.

(3) 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.

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK

(MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate

Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of provision)

52.225-9 Buy American—Construction Materials (MAY 2014)

Buy American–Construction Materials (May 2014)

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

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or…