USDA_SB_Room_0410_Data_Center_Conversion_–_Sol___12314218B0010_07.13.2018.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)

915633

USDA, DM/OCP/POD/AMB, POD Acq Mgmt

Acquisition Management Branch-WDC

355 East 10th Street S.W.

Suite 10-149A

DASO-OCP-POD-AMB-DC

Washington DC 20024

Gerardo F. Rivera - USDA CO

Patriots Plaza III 355 E Street SW., 10th Floor - Space 10-135B Washington, D.C. 20024-3243

GERARDO RIVERA 2027203812

x

07/13/2018

12314218B0010

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

USDA South Building - Room 0410 Data Center Conversion

The work is located at the United States Department of Agriculture (USDA) South

Building (1400 Independence Ave, SW, Washington DC 20250). The requirement is for building a new data center (Room 0410) to replace the existing data center Room

S100, which is located in the Sub Basement of Wing 1 South Building. The new data center will host the United States Department of Agriculture (USDA) South and Jamie

L. Whitten Buildings' networking and telecommunication services. Room 0410 is currently a vacant space and located a few feet below the Basement of Wing 4 South

Building. The IT work, except the IT cable trays, will not part of this contract.

The work includes, but not limited to: (1) Architectural: wall, doors, ceiling, raised floor, supply air panels, and IT cabling pathways; roof curbs and associated waterproofing, (2) Mechanical: HVAC systems, (3) Plumbing: drain piping; drain pans and piping below existing overhead rain leader, (4) Electrical: replacement of a generator; power wiring including power wiring to racks and grounding, (5) Fire

Protection: sprinkler and fire alarm systems, (6) Special system: flood detection and warning system; draining system, and (7) All necessary trainings and equipment startups shall be performed by factory's authorized representative.

Continued ...

11. The Contractor shall begin performance

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.)

10 270 calendar days and complete it within ________________ ________________ calendar days after receiving

08/13/2018

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. 4-85)

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, DM/OCP/POD/AMB, POD Acq Mgmt Acquisition Management Branch-WDC

355 East 10th Street S.W.

Suite 10-149A

DASO-OCP-POD-AMB-DC

Washington DC 20024

TODD LENNOX

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12314218B0010

This requirement is being advertised in accordance with FAR 36.213 -- Special Procedures for Sealed Bidding in Construction Contracting.

The Disclosure of the Magnitude of Construction

Projects (in accordance with FAR 36.204) is for the estimated price between $1,000,000 and

$5,000,000. This requirement is 100% set aside for small business concerns under NAICS code:

236220 Commercial and Institutional Building

Construction.

USDA South Building - Room 0410 Data Center

Conversion

FOB: Destination

001 USDA South Building - Room 0410 Data Center

Conversion

Anticipated Award Type: Firm-fixed-price

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

Sponsored by GSA

FAR (48 CFR) 53.110

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.

SITE VISIT –

A site visit will be offered by the Office of Operations (OO) Engineering Branch on Wednesday July

25, 2018 @ 9:00AM (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.

To attend you will need to go to the USDA’s South Building Cafeteria. To enter go to the Wing 3 entrance which faces Independence Avenue, SW, See RED arrow on the site plan drawing on the next sheet. Building is located at 1400 Independence Ave, SW, Washington DC, 20250. We will meet in a conference room located in the back of the cafeteria.

Due to limited parking in the area and traffic congestion, Metro is the easiest way to access the South

Building (Smithsonian stop).

Visitor Access to the South Building for Non-Government Employees:

May enter and exit only at the Visitor’s Entrance located at South Building Wing 3 (facing

Independence Avenue, SW).

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

Instruct the security personnel that you will be attending a pre-proposal meeting at the back of the cafeteria.

The site visit will not be recorded. You are allowed to take pictures. 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; however any feedback offered during the site visit will not be part of this contract. If you have any technical questions, or need further clarifications, you will have to address them in writing.

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, July 30, 2018, 1:00 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.

PROPOSAL DUE DATE AND TIME –

Hard copy proposals are due no later than Monday August 13, 2018 @ 1:00PM (EST) to:

Gerardo F. Rivera

Contract Specialist

USDA – DA / OCP / POD / AMB-WDC

355 E Street, S.W., 10th Floor – Space 10-135B

Patriots Plaza III

Washington, D.C. 20024-3243

Work: 202-720-3812

Fax: 202-260-0018

Gerardo.Rivera@wdc.usda.gov

Responses received after this deadline will not be considered for an award. Bids will be opened publicly and read aloud beginning at 1:10 PM in a conference room off the lobby of the above referenced building address (355 E Street, S.W., 10th Floor, Patriots Plaza III , Washington, D.C. 20024-3243).

To access the building you must present a driver’s license or government issued photo identification card to building security.

mailto:gerardo.rivera@wdc.usda.gov 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 3 pages of this Solicitation package.

Section B - Supplies or services and prices / costs

As a response to the Solicitation bidders shall fill out attached SF-1442 and any issued SF-30s. Bid

Bond shall be included.

Pricing shall include to furnish all labor, materials, equipment and supervision required for all work related for the USDA South Building - Room 0410 Data Center Conversion at the USDA South

Building located at 1400 Independence Avenue, SW, Washington DC, 20250, in accordance with this entire solicitation package.

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 Sections 9002 of the Farm Security and Rural Investment Act of

2002; the Food Conservation and Energy Act of 2008; and the Agricultural Act of 2014; and the Federal

Acquisition Regulation to provide biobased products. The Contractor shall also comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction

Contracts contained in Section I. The Contractor shall also comply with the provision at FAR 52.223-1, Biobased Product Certification contained in Section K.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased erosion control materials, biobased composite panels, biobased roof coatings, biobased insulating foam, biobased interior paints and coatings, and biobased wood and concrete sealers). 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 Representative (COR).

The following is an example list of products that may be used in this minor construction contract for which biobased products are available and the designated biobased content. 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.

Adhesive and Mastic Removers – 58 percent

Asphalt and Tar Removers - 80 percent

Asphalt Restorers – 68 percent

Carpet – 7 percent

Carpet and Upholstery Cleaners – 54 percent and Spot Removers – 7 percent

Composite Panels – Acoustical – 37 percent; Interior Panels – 55 percent; Plastic Lumber – 23 percent; Structural Interior Panels – 89 percent; Structural Wall Panels – 94 percent and

Countertops and Solid Surface -_ 89 percent

Concrete and Asphalt Cleaners – 70 percent

Concrete and Asphalt Release Fluids – 87 percent

Dust Suppressants – 85 percent

Erosion Control Materials – 77 percent

Floor Coverings (Non Carpet) – 91 percent

General Purpose Cleaners - 54 percent

Hand Soaps and Cleaners – 64 percent

Industrial Cleaners – 41 percent

Insulating Foam – 7 percent

Leather, Vinyl, and Rubber Care Products – 55 percent

Paint- Interior Paints and Coatings, Latex – 20 percent and Oil-based – 67 percent

Paint Removers – 41 percent

Roof Coatings – 20 percent

Wastewater Systems Coatings – 47 percent

Water Tank Coatings – 59 percent

Wood and Concrete Sealers – Membrane Concrete Sealers- 11 percent and Penetrating Liquids –

79 percent

Wood and Concrete Stains – 39 percent

Biobased products that are designated for preferential procurement under USDA’s BioPreferred Program must meet the required minimum biobased content as stated in USDA’s Final Rules available at www.biopreferred.gov. The Contractor shall provide data for their biobased products such as biobased content. In addition to the biobased products designated by the USDA BioPreferred Program, the

Contractor is encouraged to use other commercially available biobased products such as biobased products certified with a label.

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 this contract.

Within thirty (30) days of contract award, the Contractor shall provide a complete list of USDA designated biobased products that it intends to use or supply during performance of this minor construction contract, including products used or supplied by subcontractors. For each product, the

Contractor shall identify the product and brand/manufacturer. For each designated product, the

Contractor shall also identify the biobased content. The Contractor shall provide 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. The list shall be approved by the COR in writing. The

Contractor shall not commence work until this list is approved by the COR in writing. The list must be reviewed and updated annually, and as required by the COR.

Reporting is required by Sections 9002 of the Food Conservation and Energy Act of 2008 and the

Agricultural Act of 2014. The Contractor shall provide quantities, product types and dollar value of any USDA-designated biobased product purchased by the Contractor. This important data shall be submitted to the COR for the current quarter and current contract year. A brief explanation shall include the methodology used to calculate the dollar value of USDA-designated products used or supplied.

The Contractor should also note that USDA-designated biobased products are available for purchase through the AbilityOne Program (formerly known as the Javits- Wagner-O’Day (JWOD) Program).

Under this program, members of organizations including the National Industries for the Blind (NIB) and the National Institute for the Severely Disabled (SourceAmerica) offer products and services that are mandatory by Federal agencies. A search of the AbilityOne Program’s online catalog (www.ability.gov) indicated biobased products that include but are not limited to: cleaners (glass, hand, and multipurpose), graffiti removers, and sorbents.

STATEMENT OF WORK (SOW)

PROJECT IDENTIFICATION

TITLE: USDA South Building

Room 0410 Data Center Conversion

LOCATION: USDA South Building Wing 4 Basement

1400 Independence Ave, SW

Washington, DC 20250

Solicitation # 12314218B0010

PART 1

1.1 BACKGROUND

Room S100 is the existing data center that is located in the Sub Basement of Wing 1 South Building.

It is hosting the USDA South and Whitten Buildings’ networking and telecommunication services.

The S100 space is aging and does not have adequate infrastructure to support a modern data center.

The project is for building a new data center to replace S100.

Room 0410 is currently vacant and located a few feet below the Basement of Wing 4 South Building. It is chosen to be converted into a new data center. The IT work except the IT cable trays is not part of this contract.

1.2 OBJECTIVES

1. Renovate Room 0410 into a data center.

2. Perform the work as a bid-build project. The design plans and specifications have been complete.

3. Include all ancillary works for a complete turnkey project.

4. Perform work during normal hours of 6:00AM to 6:00PM except for works which impact USDA’s normal business.

PART 2 – SCOPE OF WORK

The project shall meet the objectives above and the scope of work below.

Provide work as per attached AECOM’s plans and specifications for the South Building Room 0410 Data

Center dated 09/12/2017. There is one exception: the requirement for the temporary generator is eliminated. The contractor shall maintain the service of the existing generator until the switchover weekend when the old generator is removed and the new one is set. The new generator and emergency power system shall be fully functional by midnight of Sunday. It is preferable for the switchover to occur on a three-day weekend if the schedule allows.

Include all ancillary items, even if they are not calls for in AECOM’s documents, to deliver a fully functional data center.

The key features of the project, listed below, is for a reference only; the construction shall be based on

AECOM’s documents:

Architectural: wall, doors, ceiling, raised floor, supply air panels, and IT cabling pathways; roof curbs and associated waterproofing

Mechanical: HVAC systems

Plumbing: drain piping; drain pans and piping below existing overhead rain leader

Electrical: replacement of a generator; power wiring including power wiring to racks and grounding

Fire Protection: sprinkler and fire alarm systems

Special system: flood detection and warning system; draining system

All necessary trainings and equipment startups shall be performed by factory’s authorized representative.

Include the items below:

Provide before pictures to document existing conditions prior to start of demo or new work. Submit photos to USDA.

Resolve all discrepancies with the Contracting Officer (CO) during bid and prior to ordering of equipment or materials and actual installation.

If there is any conflicts, the more stringent requirements shall apply.

PROJECT COMPLETION ACCEPTANCE CRITERIA

Complete the work as per the contract

Complete work within the approved period of performance

Complete punch list items

Complete repairs of damaged items, if any, as a result of new work

Complete required training(s)

Submit as-built documents, warranty certificates, and operation and maintenance manuals

PART 3 - MISCELLANEOUS REQUIREMENTS

3.1. PERIOD OF PERFORMANCE

The project shall be completed within nine (9) months (or approx. 270 calendar days after Notice of

Award).

3.2 COORDINATION

The Contracting Officer’s Representative (COR) will manage the project on the government’s side.

Coordinate with the COR on matters related to the project such as building access, outages, burn permits, demonstrations, trainings, etc. Request for Information and any changes shall be submitted to both the Contracting Officer (CO) and the COR.

3.3 DELIVERY

The contractor shall coordinate material delivery and on-site storage with the COR. The on-site storage of materials for this project will be limited to within the construction zone. Storage outside the construction zone is very limited or not available. Materials stored on site shall not create any hazard conditions, impede government’s business and shall be at contractor’s own risk.

3.4 DISPOSAL OF DEBRIS AND HOUSE KEEPING

The contractor shall be responsible for the off-site disposal of all removed equipment, materials, and debris. The disposal shall comply with applicable Federal, State, and local laws and regulations.

The building remains occupied throughout the construction so the contractor shall provide dust barrier to isolation the construction zone from the public space and shall use HEPA filter exhaust units to keep the construction zone under negative pressure throughout the times when dust is generated and or when the work space is not clean. Clean the corridor(s) outside the construction zone daily at the end of each work shift.

3.5 SAFETY AND FIRE PREVENTION

The contractor shall observe all normal rules governing safety on construction projects and shall comply with all Federal, State, local construction regulations and as directed by the COR. Material Safety Data

Sheets (MSDS) for all compounds used shall be provided to the Government prior to the compounds being brought into the facility. The contractor shall obtain a “Hot Work Permit” or “burn permit” from

USDA and shall kept it at the site prior to performing welding, soldering, or cutting with torch.

3.6 SECURITY REQUIREMENTS

The contractor shall comply with USDA security regulations and shall coordinate with the COR to obtain government identification for all workers.

3.7 PARKING

Parking inside the building is not available.

3.8 GOVERNMENT-FURNISHED MATERIALS

The Government will not furnish any materials for this project.

3.9 CONSTRUCTION SUBMITTALS

The contractor shall submit construction schedules, schedule of values, and shop drawings schedule for

USDA’s approval prior to placing orders or starting of work. Electronic files of shop drawings can be submitted by email; for hard copies, submit four (4) copies for each file. Project close-out documents shall be submitted by end of the project.

The above are the minimum submission requirements; the government may request additional submittals, if necessary. The government review time for each submission is two (2) weeks.

3.10 WARRANTY

The 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 substantial completion of the contract, including punch list items. Services performed within a longer warranty period shall be completed without extra cost to the government.

The generator shall be fully warranted for a minimum of ten (10) years including labor and materials.

3.11 CLOSEOUT DOCUMENTS

The contractor shall submit:

As-built drawings: three (3) half-sized hard copies, two (2) thumb drives in AutoCAD and pdf.

O&M manuals which include warranty certificates: two (2) hard copies and two (2) electronic copies in pdf.

3.12 LIQUIDATED DAMAGES

The Government will assess the contractor a liquidated charges in the amount of $960 per day if the project is completed beyond the contractual period of performance.

PART 4 - SPECIAL CONSIDERATIONS

Contractor shall:

1. Visit site the pre-proposal meeting and factor in existing site conditions and restrains in their bid.

2. Perform work between 6:00PM to 6:00AM or on weekends for work which impact the government’s normal business, such as loud noise and vibration, exfiltration of dusts, smoke and odor, welding and torch cutting, removal of hazardous materials.

3. Have valid DC contractor license.

4. Obtain permits from government agencies and/or DC as applicable.

5. Coordinate all work with the USDA COR.

PART 5 – ATTACHMENTS AND PHOTOS

AECOM’s design plans (42 sheets) and specifications (952 pages) for South Building Room 0410

Data Center Conversion Addendum #1 dated 09/12/2017.

Some useful Photos of Job Site and past projects shown only for reference:

Aerial view of USDA Headquarters with South Building on the right

Inside Courtyard 3. View looking north. The existing generator is in the northern part of the courtyard, behind the yellow bollards.

Existing generator in Courtyard 3. View looking south.

Crane inside Courtyard 4 of a past project. View looking north. The low roof, where the roof top units of the new 0410 data center project will sit, can be seen in between the Wing 4 on right and the low building in the center

Crane outside on C Street of a past project. Some large equipment was lifted from C St, over the roof, to inside the Courtyard

View of a crane entering Courtyard 4 from the C St side. Only very small crane could enter Courtyard 3 due to the ramp size and structural strength limitations.

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 of award.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than _270 _ 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.

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)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions (Jul 2004)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures (Jul 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Sep 2005)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

52.204-6 Data Universal Numbering Systems (DUNS) Number (Oct 2003)

52.204-7 Central Contractor Registration (Jul 2006)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2006)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jan 2005)

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

52.211-12 Liquidated Damages – Construction (Sep 2000)

52.211-13 Time Extensions (Sep 2000)

52.214-3 Amendments to Invitations for Bids.

52.214-4 False Statements in Bids.

52.214-5 Submission of Bids.

52.214-6 Explanation to Prospective Bidders.

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

52.214-18 Preparation of Bids—Construction.

52.214-19 Contract Award—Sealed Bidding—Construction.

52.214-26 Audit and Records—Sealed Bidding.

52.214-27 Price Reduction for Defective Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-28 Subcontractor Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-29 Order of Precedence—Sealed Bidding.

52.214-34 Submission of Offers in the English Language.

52.214-35 Submission of Offers in U.S. Currency.

52.217-8 Option to Extend Services (Nov 1999)

52.219-8 Utilization of Small Business Concerns (May 2004)

52.219-14 Limitations on Subcontracting (Dec 1996)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (Jun 2003)

52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation (Jul 2005)

52.222-5 Davis-Bacon Act – Secondary Site of the Work (Jul 2005)

52.222-6 Davis-Bacon Act (Jul 2005)

52.222-7 Withholding of Funds (Feb 1988)

52.222-8 Payrolls and Basic Records (Feb 1988)

52.222-9 Apprentices and Trainees (Jul 2005)

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

52.222-11 Subcontracts (Labor Standards) (Jul 2005)

52.222-12 Contract Termination – Debarment (Feb 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (Feb 1988)

52.222-21 Prohibitions of Segregated Facilities (Feb 1999)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (Feb 1999)

52.222-26 Equal Opportunity (Apr 2002)

52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-32 Davis-Bacon Act – Price Adjustment (Actual Method) (Dec 2001)

52.222.35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (Dec 2001)

52.222-36 Affirmative Action for Workers With Disabilities (Jun 1998)

52.222-37 Employment Reports on Special Disable Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (Dec 2001)

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

52.222-50 Combating Trafficking in Persons (Aug 2007)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts

(Jan 1997)

52.223-3 Hazardous Material Identification and Material Safety Data Alt I (Dec 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003)

52.223-6 Drug-Free Workplace (May 2001)

52.223-14 Toxic Chemical Release Reporting (Aug 2003)

52-225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.225-14 Inconsistency between English Version and Translation of Contract (Feb 2000)

52.227-1 Authorization and Consent (Dec 2007)

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

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance – Work On A Government Installation (Jan 1997)

52.228-11 Pledges of Assets (Feb 1992)

52.228-12 Prospective Subcontractor Request for Bonds (Oct 1995)

52.228-14 Irrevocable Letter of Credit (Dec 1999)

52.228-15 Performance and Payment Bonds – Construction (Nov 2006)

52.229-3 Federal, State and Local Taxes (Apr 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (Sep 2002)

52.232-16 Progress Payments (Apr 2003)

52.232-17 Interest (Jun 1996)

52.232-23 Assignment of Claims (Jan 1986)

52.-232-27 Prompt Payment for Construction Contracts (Sep 2005)

52.-232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003)

52.233-1 Disputes (Jul 2002)

52.233-3 Protest After Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract 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 Superintendent 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 ALT I (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-21 Specifications and Drawings for Construction Alt I (Feb 1997)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (Jul 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (Jun 2007)

52.243-7 Notification of Changes (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Mar 2007)

52.245-1 Government Property (Jun 2007)

52.246-12 Inspection of Construction (Aug 1996)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering – Construction (Sept 2006)

52.249-2 Termination for Convenience of the Government (Fixed Price) Alt I (May 2004)

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

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.252-4 Alterations in Contract (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

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).

(c) By submission of an offer and execution of a…