Chiller_2_Solicitation.docx

SOL: AG-3143-S-17-00 Page 7 of 10 Title: Attachment J-1, Davis-Bacon Wage Determination (DC)

STATEMENT OF WORK

Replacement of Chiller No. 2 USDA Headquarters Complex Sub Central Plant 1400 Independence Avenue, S.W.

Washington, DC 20250

PART 1 –GENERAL

BACKGROUND

The USDA Headquarters (HQ) in Washington D.C. consists of two buildings – Whitten and South Buildings. The Sub Central Plant (SCP) is a standalone one story building located on the south side of the Whitten Building’s West Wing. The SCP is half underground with its main entrance on the north side. To access the SCP, one has to take the outdoor stair at the back of the Parking Lot 10A (see attached photos).

The SCP houses two chillers and each has its own cooling towers. A project in 2011 replaced Chiller 1 (the new Chiller 1 is a 400 ton York Centrifugal chiller with R134a refrigerant) and its cooling towers, motors of Chiller 2’s cooling towers, two condenser and two chilled water pumps, water treatment system, and controls. The new pumps are all equipped with variable frequency drive (VFD); the towers (1A and 1B; 2A and 2B) have VFDs too. The new controls are direct digital type connected to a remote Building Management System (BMS; Johnson Controls Metasys). Also included in that 2011 project is a new free cooling system via Cooling Tower 1A and 1B, a standalone plate heat exchanger, and a separate condenser water pump. The free cooling mode is activated manually through a remote front-end of the Johnson Controls building management system (BMS) located in the Wing 2 Sub Basement of the USDA South Building.

The current Chiller 2 (Trane, 350 ton ice capable chiller) was replaced in 1995 in the Thermal Storage System (TSS) project. The TSS has its own glycol pumps and plate heat exchanger; Chiller 2 made ice at night for the TSS up until 2008. The TSS stopped running (due to economic reason and chronic glycol leaks); subsequently, Chiller 2 was used to generate chilled water only, up until 2011, when the new and more efficient Chiller 1 became the primary chiller and Chiller 2 was reduced to a backup role. Currently, the Building Operations Branch runs Chiller 2 occasionally to keep it in shape. Chiller 2 has outlived its life expectancy.

OBJECTIVES

1. Carry out the Chiller 2 replacement as a turnkey project utilizing a Design Build process.

2. Include provision and or modification of all related systems and works as needed for the new Chiller 2 to be delivered, set in place, and be fully functional.

3. All works are to conform to the prevailing standard practices and codes.

4. Removal of existing chiller begins April 15 and completion of new chiller work by August 15. Chilled water at SCP must be available at all times during the construction.

PART 2 – EXECUTION

2.1 SCOPE OF WORK

This is a performance-based scope of work. The project shall meet the objectives above and the scope of work below in the replacement of Chiller 2 inside the USDA Sub Central Plant (SCP) located at 1400 Independence Avenue, SW, Washington DC, 20250.

2.1.1 DESIGN PHASE AND PRECONSTRUCTION PHASE- Include but not limit to the following:

· Site survey and review of relevant past project documents

· Verify all information including those specified below prior to implementation

· Interview Building Operations staff and Engineering staff

· Factor in design the impacts of existing site conditions and site constraints

· Design mechanical, electrical, plumbing and architectural for demo and new work

· Use existing Chiller 1’s piping and control systems as model unless noted otherwise; Victaulic piping schedule 40 black steel for chilled water and condenser water systems is acceptable; butterfly isolation valves

· Rigging, hauling and providing access for equipment and materials deliveries and or removal and site protections; the entrance to the SCP is below the street level. Survey delivery path outside the SCP and inside; provide door removal/reinstall/repair including cutting wall opening/repairing wall if needed. Adjust the existing chiller pad as needed. Removal/reinstall of the steam/hot water convertor near the entrance if required for the chiller delivery as well. Restore the SCP all items which are relocated and or removed for the chiller and materials deliveries and installation.

· Construction drawings and specifications; coordination drawings; as-built drawings

· Factory startup and report

· Commissioning

· Requirements for disassembly and reassembly of chiller by factory representatives if needed for installation

· Demo and removal of existing chiller and associated items

· Ensure hangers, supports, and protections for equipment and piping are structurally sound

More detailed works are described below and in attached photos:

Chiller: York 400-ton magnetic bearing centrifugal water chiller with latest refrigerant which will not be phased out by 2030. 480V/3 phase (Basis of Design is York YMC2 Chiller). Step up transformer (existing power is 208V/3ph). High efficiency type (minimum 0.52 kW/Ton at 100% load with 85F/1195gpm condenser water supply and 42F/956gpm chilled water leaving). Part load operation down to 10%. Variable speed drive (VFD). Isolation valves. Evaporator with Victaulic connection, thermal insulation, flow sensors and flow switch. Condenser with Victaulic connection, flow sensors and flow switch. 1: thick Neoprene vibration isolation pad for all points of support. BACnet interface. Equipment to fit existing space and to allow sufficient service clearance. Adjust existing concrete pad as needed. Operating parameters and sequence of operation shall be similar to those of Chiller 1 (see reference Chiller 1 Replacement project in 2011) except for the free cooling mode. The automatic free cooling mode in BMS had been changed to manual mode in 2012.

Other Supporting Works:

Controls: rework the existing Direct Digital Controls (DDC) controls to work with new chiller and associated piping. Provide removal and reinstallation works as needed. Replace broken and or outdated controls with latest. All devices shall be compatible to BACnet DDC system and be integrated with the existing Johnson Controls Metasys Building Management System (BMS). All 2011 control devices and automatic valves appear to work normally and shall be reused if possible. Survey and interview building engineer to confirm. Provide flow meter for condenser water loop. (Note: the 2011 project, new DDC controls and automatic control valves were installed for both chillers so that Chiller 2 can be controlled from the BMS. In addition, the 2013 BMS’s server was replaced in May 2017 and the 2011 Metasys software was upgraded to Version Release 8.1 in 2017.

Sequence of Operation: the current sequence of operation is that one chiller works as lead and the other as lag. The lag chiller will automatically take over when the lead chiller fails to hold set points). See attached Chiller 1 Replacement project document for the complete details including automatic valves, pumps and towers operations.

Provide a new laptop loaded with latest Metasys software and needed apps for working with the BMS. Laptop shall be Dell Inspiron 17 5000 Non-Touch or equivalence, with at least the following features: 17” screen, 16 GB RAM, 1 TB hard drive, wireless mouse, Window 10 Pro, Microsoft Office Business 2016, Adobe Photoshop.

Refrigerant Monitor: Replace the existing refrigerant leak detection system (see photo) which was installed in 2011 with one that will work with the Chiller 2’s refrigerant type.

Chemical Feed Tank: replace (see photo)

Piping:

· Existing Chiller 2 chilled piping conveys glycol fluid: remove glycol fluid and all glycol piping within the upper section of the SCP (see attached SK-1 diagram); cap off remaining glycol pipes at wall; dispose glycol according to local regulation.

· Chilled water piping: remove sections going to the heat exchanger of the thermal storage system. Provide new pipes between new chiller and chilled water mains including all needed valves, fittings, and all other piping components similar to those of the Chiller 1 system (see SK-1).

· Condenser water piping: replace all condenser water piping which was not replaced in the 2011 project (see SK-1), up to the wall of the cooling tower enclosure; replace control valve V-10 if it can’t be reused, DDC inserted flow meter.

· General requirement for piping: isolation valves, check valve, vents and drains, thermometers and pressure gauges, reconnect existing relief line to chiller, fittings, etc., for a fully functional chiller. New piping and valves shall be compatible to those of existing Chiller 1. All pipes shall be scheduled 40 black steel. Relief line can be copper. Provide weld test as per ASME b 31.9 and IMC and submit reports. Reuse existing electric control valves to achieve sequence of operation mentioned in the controls section above. All other valves and piping components such as isolation valves (butterfly), strainers, vibration isolators, check valve, balancing valves, vents and drains, thermometers and pressure gauges, unions, etc., shall be replaced with new. Provide tabs for all insertion controls and or instrument. Provide flange connections for all flanged valves and or fittings. Notice the ceiling height and items overhead when designing pipe and or equipment hangers. Hanger rods can be reused if they are suitable, but hangers shall be new.

Insulation: equipment and piping insulation shall match those of existing Chiller 1 or better. Piping insulation shall be covered with PVC jackets and shall have metal shields between hangers/supports and jackets.

Labeling: meet ANSI &ASME pipe marker standards and existing color scheme in SCP. Provide pipe markers, equipment name plate, and valve tags. Pipe markers shall be pre-printed wrap around type with arrow banding tapes. Equipment tags shall be engraved on heavy duty plastic. Valve tags shall be brass with chain. Control equipment shall have name tags.

Painting: paint bare piping and insulated piping to match those of Chiller 1. Paint floor area where it is affected by demo and new works. Paint all items that are disturbed by demo or new works.

Electrical: provide power wiring including power for control equipment (note: power for existing Chiller 2 was modified during the 2011 Chiller 1 Replacement project; see attached 2011 project). Provide step up transformer and wiring as required to work with the new chiller.

Plumbing: as needed

Flushing: clean and flush new piping prior to refilling.

Testing: provide functional field tests and reports for chiller and controls.

Water balance: provide condenser and chilled water balance and reports. Water balance shall be performed by an independent water balance company.

Commissioning: provide commissioning for chiller and controls.

Other Requirements:

· Removal and disposal of refrigerant and glycol in demo works.

· Replace and or relocate existing evacuation ductwork as needed.

· Include all needed ancillary works to achieve a turnkey project

· Designer shall conduct one inspection when the chiller is delivered and set in place at site, one during key piping installation, and one final inspection to create punch list. Copy the government on the inspection reports and repair recommendations.

2.1.2 CONSTRUCTION PHASE - include but not limit to the following:

Provide works to accomplish the Objectives and the description of works below.

The Contractor shall provide all management, supervision, labor, equipment, tools, insurance, taxes, fees, permits and supplies to provide a fully operational Chiller 2. The location of work is inside USDA Sub Central Plant, 1400 Independence Avenue, S.W., Washington D.C.

Perform works as designed and the following:

· Survey site and provide construction kickoff meeting

· Make safe and protect existing items from damages during construction

· Arrange with the chiller manufacturer for the government’s representative to witness the final chiller testing at the factory prior to shipping.

· Hold weekly meeting with COR and submit meeting minutes (by email)

· Progress inspections, punch list inspection and final inspection.

· Test welding connections as per ASME b 31.9 and IMC

· Paint floor area impacted by new work

· Provide electrical work

· Provide mechanical work

· Provide controls and programming

· Provide works as needed to restore items removed and relocated during deliveries of chiller and materials

· Permits as required

· Complete punch list items

2.2 PROJECT COMPLETION ACCEPTANCE CRITERIA

· Complete the works as per design and specifications

· Complete works within approved period of performance

· Complete items on the final punch lists created by the contractor and by the government

· Damaged items, if any, as a result of demo and new works have been repaired

· Submit approved as-built documents, approved shop drawings, warranty certificates, and operation and maintenance manuals

PART 3 – SPECIAL CONSIDERATIONS

3.1 Period of Performance: Eight calendar months for Design and Build; removal of existing Chiller 2 must begin April 15, 2018 when GSA chilled water becomes available (to back up Chiller 1); new Chiller 2 must be operational by August 15, 2018.

The contractor will be working around an occupied building and must plan the work accordingly. The normal working hours is from 6 am to 6 pm, Monday thru 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 two weeks in advance.

All changes and time extensions must be approved by the contracting officer beforehand.

3.2 Codes, Standards, and Regulations: as a minimum, the design and build shall conform to the following codes and standards:

· GSA Facilities Standard P100

· Leadership in Energy and Environmental Design (LEED)

· Ashrae 90.1 Energy Standard for Building Except Low-Rise Residential

· Ashrae 15 Safety Standard for Refrigeration System

· International Mechanical Code (IMC)

· National Electric Code (NEC)

· National Fire Protection Association (NFPA)

· ANSI & ASME Pipe Marker Standards

· ASME b31.9

3.3.2 Quality Control:

· All work shall be done based on the final approved drawings and specifications. Work shall commence only after the shop drawings have been approved. Contractor shall coordinate inspections, tests, punch list, final inspection, and training through the COR. Any rejected work shall be corrected to the satisfaction of the Government at no additional cost to the contract.

· Conduct chiller test at factory and arrange for the government representative to witness final test at factory prior to shipping.

· Provide factory startup and report

· Include commissioning of chiller and control systems

· Provide trainings on chiller (1 hour) and controls (1hour) to Building Operations staff

· Obtain necessary permits for activities impacting sidewalk and street traffic with the DC government

3.4 Coordination: coordination for outages 2 weeks in advance; outages and work impacting government’s normal business must be performed after normal hours or weekends.

3.5 Delivery: coordinate with COR in advance to avoid impacting Parking Lot 10A. Delivery impacting Parking Lot 10A must be conducted before or after normal hours or in weekends. Equipment and materials stored on site are at contractor’s risk.

3.6 Cleaning and Disposal

· Avoid accumulation of debris on site. Remove debris daily. Keep work place clean after each shift. Protect floor inside SCP and lawn outside SCP from. Repair damages as required.

· All removal and disposal shall meet Federal, State and local government laws and regulations.

· Provide final cleaning at end of project

· Impact to lawn area outside the SCP is unavoidable. Contractor shall include in the work to repair and re-seed the lawn at the end of the project.

3.7 Safety and Fire Prevention

Observe all normal rules governing safety on construction projects and shall comply with OSHA and all other Federal, State, and Local construction regulations, and as directed by the COR. Workers, supervisors, and visitors to the job site shall wear hard hats and other applicable safety equipment. Temporary electrical service shall be coordinated with 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 burn permit from the USDA prior to performing each of the welding, soldering, torch or open flame works. The burn permit shall be kept at the site where work is being performed for the period granted. Provide items, such as fire extinguisher and fire blanket, etc., that are required by burn permits.

3.8 Security Requirements: comply with USDA security regulations for identification passes for all workers.

3.9 Parking: no parking is provided by USDA on site. Schedule all deliveries with COR to avoid impacting Parking Lot 10A.

3.10 Submittal: submit the following -

Contractor shall provide design drawings, specifications, and shop drawings to Government for final review prior to start of any construction (besides O/M manuals and project close-out package). Provide three hard copies and one electronic copy unless noted otherwise.

The above are the minimum submission requirements and the government may request additional submittals as deemed necessary. The government review time for each submission will be about one week.

· Submit 95% design package (drawings and specifications), drawing in half size.

· Meet with government project team to present 95% design

· Resolve and incorporate government comments.

· Provide one pre-final check set drawing in half size and others in letter size for government’s review prior to issuing the 100% package for construction; the electronic drawing files in the final package shall be in both AutoCAD and PDF.

· Shop drawings are required for equipment, materials, layouts and wiring diagrams (all trades), and sequence of operations. Designer shall review and approve construction shop drawings before the government’s review.

· Construction schedule and schedule of value; payment for equipment can only be invoiced after it is delivered to the site.

· Daily report (via email; in doc or pdf file); include digital photographs of key events) to government’s Contracting Officer Representative (COR)

· Meeting minutes

· Invoices shall follow closely with the percentage of accomplished works; invoice will be processed monthly via the government’s Invoice Processing Platform (IPP) website; provide draft copy for COR’s approval prior to uploading into IPP.

· Submit two (2) copies of O/M manuals (binders and electronic copy) with warranty information and contact phone numbers.

3.11 Warranty and Post Construction Services:

Contractor shall provide 12 months warranty on equipment, materials and labor 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.

Chiller shall have one year standard warranty on equipment and refrigerant circuit; include a four year extended warranty for compressors (equipment only). Warranty services shall be provided within 24 hour.

In addition, provide one eight-hour onsite control service, within the first six months after the project ended, from a Johnson Control tech, to adjust and or modify the control graphics at the Building Management System’s remote computer station when requested by the government.

3.12 Other Misc. Requirements

· Conduct pre-proposal meeting and site walk-through

· Conduct design kickoff meeting

· Conduct preconstruction meeting

· Conduct bi-weekly progress meetings and email meeting minutes to COR

· All work shall be coordinated and approved by the COR

· Contractor shall factor in existing conditions in the proposal

· The project is implemented for the Office of Operations by the Facilities Management Division/Engineering Branch. Coordinate all onsite activities with Bahn Lam (COR), 202-720-5646, from the Engineering Branch. Final COR will be designated after the contract award.

3.13 Project Close-Out

All necessary training shall be conducted prior to project close-out.

Submit O&M and as-built documents/drawings for chiller, piping, power wiring and control wiring including sequence of operations (two hard copies and one digital copy).

PART 4 – REFERENCES

4.1 ATTACHMENTS: Items 1 through 4 are not enclosed with the scope of work due to the document sizes. The pdf copies are available upon request. Their hard copies are available on site for review and copy. These documents are for reference only.

1. Replacement of Chiller 1 System March 29, 2010 drawings

2. Replacement of Chiller 1 System March 29, 2010 Specifications

3. Replacement of Cooling Tower 2 Project 4-ME-98 in 1998

4. Thermal Energy Storage System for Sub Central Chiller Plant Project number 93-A/E-39 in 1994

4.2 PHOTOS and Sketch SK-1 (Note: Some required work actions are noted on photos and Sk-1)

USDA Headquarters (HQ) in Washington, DC

Aerial View of the USDA HQ Buildings

Outdoor stair leading from Parking Lot 10A to Sub Central Plant entrance. Air intake louvers to indoor cooling towers were covered with plywood during the 2011 construction.

View of Parking Lot 10A (looking West) and top of stair to SCP

Delivery of Chiller 1 in 2011 (for information)

DDC Controls during 2011 Chiller 1 Replacement project

Front end graphics for condenser water loops during the 2011 project

Front end graphics for both Chillers 1 and 2 during the 2011 project

Existing Chiller 2. Pink and white piping for glycol and blue for chilled water. Overhead crane system can be used during the installation.

Existing Chiller 2’s power panel

Pink glycol piping to be removed. Pink and blue piping at the lower level (thermal storage tank level) to remain

Brown condenser piping (of existing Chiller 2) to be replaced. The red control valve V-10 and DDC flow meter (not seen) are to be replaced as well.

Replace existing MSA refrigerant sensing system

Replace chemical feed tank and associated piping

A view of the Sub Central Plant entrance as seen from inside the plant during the 2011 construction

A view of Sub Central Plant interior after the 2011 construction completion; photo taken from the entry door looking inward; Chiller 2 is hidden behind the VFD cabinet on the left. Relocate/reinstall/repair the orange steam/hot water convertor as required to facilitate the chiller delivery.

Sample of a mechanical drawing from the Chiller 1 replacement project; it is not legible here but is available in pdf file. The entire 2011 drawing set including electrical work is available for reference and use.

Sketch SK-1 Existing Chiller Plant Piping Diagram Notes and symbols in red are added for information only. A thorough site survey is required to determine the extent of work.

Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

52.246-21 Warranty of Construction. (MAR 1994)

Deliveries or Performance

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

0. The Contractor shall be required to (a) commence work under this contract within 7 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 180 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 $1,120.00 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.

(End of clause)

DELIVERY

The offeror shall coordinate material delivery and on-site storage with USDA. The delivery times may be limited due to availability of security guards and disruption to building occupants. The D/B contractor shall store materials/equipment on-site at their own risk. The on-site storage of materials for this project will be limited to the respective electrical vaults or available storage space. Store materials without creating any hazard conditions and accessibility to equipment.

Contract Administration Data

G.1 CONTRACTING MANAGEMENT

Notwithstanding the contractor’s responsibility for total management during performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during performance of the work:

Contracting Officer’s Representative (COR) Hossein Amini is designated the COR with authority to monitor all technical aspects and assist in the administration of the contract. The types of action within the purview of the COR’s authority are to assure the contractor performs requirements of the contract; to perform, or cause to be performed inspections necessary in connection with performance with the contractor concerning the aspects of the contract within his purview; to issue written interpretation of technical requirements of Government drawings, designs, and specifications; to monitor the Contractor’s performance under the contract and to notify the contractor and the Contracting Officer of any deficiencies observed; and to coordinate Government furnished property availability and provide site entry of Contractor personnel if required.

-Contracting Officer (CO) All contract administration will be effected by the Contracting Officer. Communications pertaining to contract administration matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of the work shall be effected without a supplemental agreement (modification) executed by the Contracting Officer authorizing such changes.

G.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make any changes and approve any changes in any of the requirements of the contract, and not within standing any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer, 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. The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

G.3 INVOICING INSTRUCTION (FIRM-FIXED PRICED)

(a) Invoices shall be prepared and submitted in accordance with the provisions of clause 52.232-7, “Prompt Payment for Construction Contracts.”

(b) Invoices, in original and one copy shall be submitted to the address G.4 below.

(c) Payments will not be made more frequently than once per month.

(d) Invoices must identify the contractor’s tax identification number

(e) The following information must be included in each request for progress payment:

a. A listing of the amount included for work performed by each subcontractor under the contract.

b. A listing of the total amount of each subcontract under the contract.

c. A listing of the amounts previously paid each subcontractor under the contract.

G.4 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer, Robert Niedzwiecki USDA/DM Procurement Operations Division. All matters related to the performance of this contract, and all correspondence shall be coordinated with and directed to the Contracting Officer:

Robert Niedzwiecki Contracting Officer USDA/DM – Procurement Operations Division Reporter’s Building 300 7th Street, SW, Suite 375 Washington, DC 20024

Special Contract Requirements

H.1 REQUIREMENT FOR INSURANCE

In accordance with provisions of FAR 52.228-5, “Insurance – Work on a Government Installation,” the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

(1) Workman's Compensation and all occupational diseases --------------------------------- As required by State law.

(2) Employer's liability including all occupational diseases when not so covered in Workman's Compensation above----------------------------- $100,000 per accident

(3) General Liability (Comprehensive Bodily Injury and Property Damage per occurrence) ---------------------- $1,000,000

(4) Automobile Liability (Comprehensive) Bodily Injury per person --------------------------------------------------------$200,000 Bodily Injury per occurrence ------------------------------------------ $500,000 Property Damage per accident ------------------------------------------- $ 20,000

Full insurance coverage in accordance with the U.S. Longshoremen’s Harbor Worker’s Compensation Act, 33 USC 01 et seq will be required when a specific project involves operations in or on piers or waterways. All insurance policies shall provide for notice of cancellation, and the certificates of insurance shall indicate the above provision has been included.

A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.2 SUBCONTRACT DATA

The contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory “flown-down” contract clauses have been included in his/her contract in accordance with FAR Clause 52.222-11. A copy of the SF-1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.3 NOTIFICATION OF MILLER ACT PAYMENT PROTECTION

(a) This notice clause shall be inserted in all first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government and any private party.

(c) The surety which provided the payment bond under the prime contract is:

Name:

Street Address:

City, State, Zip Code Contact and Telephone No.

H.4 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes Clause or any other provision of this contract such costs shall be in accordance with the contract cost principles and procedures in Federal Acquisition Regulation Part 31.

Contract Clauses

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. (OCT 2010)

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 2007)

52.203-13 Contractor Code of Business Ethics and Conduct. (APR 2010)

52.204-2 Security Requirements. (AUG 1996)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (MAY 2011) 52.204-7 System for Award Management. (JUL 2013)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUL 2013)

52.211-13 Time Extensions. (SEP 2000)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

(End of clause)

52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications. (OCT 1997)

52.215-13 Subcontractor Cost or Pricing Data - Modifications. (OCT 1997)

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications. (OCT 1997)

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

52.219-8 Utilization of Small Business Concerns. (JUL 2013)

52.219-11 Special 8(a) Contract Conditions. (FEB 1990)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements and advance payments, delegate to the USDA OPPM-POD-AMB-WDC the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that USDA OPPM-POD-AMB-WDC shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the USDA OPPM-POD-AMB-WDC.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the “Disputes” clause of said subcontract.

(f) To notify the USDA OPPM-POD-AMB-WDC Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

52.219-12 Special 8(a) Subcontract Conditions. (FEB 1990)

(a) The Small Business Administration (SBA) has entered into Contract No. 0353/14/404074 with the USDA OPPM-POD-AMB-WDC to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The Amber Enterprises, hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ______ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the USDA OPPM-POD-AMB-WDC with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the USDA OPPM-POD-AMB-WDC.

(4) That it will notify the USDA OPPM-POD-AMB-WDC Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the USDA OPPM-POD-AMB-WDC.

52.219-14 Limitations on Subcontracting. (DEC 1996)

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns. (JUN 2003)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (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. (JUN 2010)

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 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

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

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

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

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

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs.

Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.222-54 Employment Eligibility Verification. (JAN 2009)

52.223-1 -- Biobased Product Certification (MAY 2012).

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 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011) 52.223-10 -- Waste Reduction Program MAY 2011.

52.223-11 -- Ozone-Depleting Substances (MAY 2011) 52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 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)

52.223-15 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)

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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 Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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 the construction material or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that -

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and…