1232SA19R0033_ARTC_Salinas_F&O_solicitation.pdf

United States Department of Agriculture

Research, Education, and Economics Agricultural Research Service

MODERNIZATION

Design-Bid-Build Construction Contract

Agricultural Research Technology Center (ARTC)

Salinas, CA

SOLICITATION No. 1232SA19R0033

Administrative and Financial Management 5601 Sunnyside Avenue Beltsville, MD 20705-5100

An Equal Opportunity Employer

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)

USDA ARS ACQUISITION AND PROPERTY D

5601 SUNNYSIDE AVENUE

RM 3-2102

BELTSVILLE MD 20705

ARS-1232SA

Attention: Stephen Stolte

USDA ARS Contracting Operations Branch 5601 Sunnyside Ave 3-2128D Beltsville, MD 20705

STEPHEN STOLTE 301-504-1187

1x 08/30/2019

1232SA19R0033

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

Modernization of the Agricultural Research Technology Center (ARTC)in Salinas, CA.

This is a Full and Open Design-Bid-Build solicitation.

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.)

15 1440 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

10/11/2019

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 ARS ACQUISITION AND PROPERTY D

5601 SUNNYSIDE AVENUE

RM 3-2102

BELTSVILLE MD 20705

ARS-1232SA

STEPHEN STOLTE

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

Solicitation # 1232SA19R0033 Page 4

SECTION TITLE PAGE #

COVER SHEET 1

A SOLICITATION/ CONTRACT

FORM 2

TABLE OF CONTENTS 4

B SUPPLIES OR SERVICES AND

PRICES/ COSTS 5

C DESCRIPTION/ SPECIFICATIONS/

STATEMENT OF WORK 9

D PACKAGING AND MARKING 10

E INSPECTION AND ACCEPTANCE 11

F DELIVERIES OR PERFORMANCE 13

G CONTRACT ADMINISTRATION

DATA 16

H SPECIAL CONTRACT

REQUIREMENTS 23

I CONTRACT CLAUSES 42

J LIST OF ATTACHMENTS 60

K REPRESENTATIONS,

CERTIFICATIONS AND OTHER

STATEMENTS OF OFFEROR 61

L INSTRUCTIONS, CONDITIONS,

AND NOTICES TO OFFERORS 67

M EVALUATION FACTORS FOR

AWARD 78

Note: Attachments, Drawings, and Specifications will be included in separate files

Solicitation # 1232SA19R0033 Page 5

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT

The contractor shall furnish all labor, material, equipment, tools, supplies, transportation, coordination and supervision for complete construction of Phase One of the Agricultural Research Technology Center (ARTC) Modernization Project, Salinas, CA in accordance with the completed contract and construction documents.

The mission of the Crop Improvement and Protection Research Unit at Salinas, CA is to improve germplasm of lettuce, celery, spinach and melon, determine basic biology of viral, fungal and bacterial diseases affecting these crops, develop alternatives to methyl bromide as a soil fumigant for control of soil-borne pests in strawberry and vegetables, reduce post-harvest losses of lettuce, develop scientifically based organic crop production practices, develop methods for control of weeds, and improve artichoke production practices including insect and disease control.

The existing facilities at ARTC are inadequate for addressing its expanding research program. The four wood framed laboratory/office buildings constructed in the 1940s are deficient in interior air quality, and in meeting current seismic safety engineering, mechanical, electrical and building code standards. A fully completed design for the Design-Bid-Build project was completed in 2007 and brought up to current building standards in 2017. It is ARS intention to have this construction project certified as LEED Silver.

The project scope includes the demolition of outdated buildings and constructing new facilities in 2 phases as shown below:

Phase 1 – West Lab/Office, 31,600 GSF

– East Lab/Office, 39,400 GSF

Phase 2 – Headhouse/Greenhouse, 37,000 GSF

Solicitation # 1232SA19R0033 Page 6

B.2 PHASE ONE SCHEDULE OF ITEMS

Item No.

Description Unit Price Amount

0001 All costs in connection with Phase One (East and West Wings) complete as shown on drawings and specified.

Lump Sum

OPTIONS

Item No.

Description Unit Price Amount

2001 All costs in connection with Phase Two Greenhouse/ Headhouse complete as shown on drawings and specified.

Lump Sum

3001 All costs in connection with Phase Two Alternate #3001 (3rd West End Greenhouse) complete as shown on drawings and specified.

Lump Sum

TOTAL:

NOTES TO OFFERORS

• A detailed cost breakdown shall be included with the proposal in Volume One. The breakdown shall include profit and overhead and will not count against the overall page count.

• The Government does not intend to enter into negotiations for this solicitation but reserves the right to if in the best interest of the Government. If negotiations are held, the Offeror’s detailed cost breakdown will be used by the Government.

• Option items may be exercised within ninety (90) calendar days after Notice to Proceed.

• Offerors must bid on the Base and Option Items. Failure to bid on all items may result in a non-responsive determination.

Solicitation # 1232SA19R0033 Page 7

B.3 PERFORMANCE AND PAYMENT BOND REQUIREMENTS (FAR 52.228-1)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% (twenty percent) of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

B.4

Solicitation # 1232SA19R0033 Page 8

SECTION C – DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 PROJECT DOCUMENTS

The Construction Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the work specified in the Project Documents referenced in Section J.

C.2 ATTACHMENTS

The attachments listed in Section J are hereby made part of this solicitation and any resultant contract.

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL

This solicitation is a competitive Request for Proposal (RFP) under FAR Part 15.

While this solicitation, including specifications, drawings, and attachments, may make reference to “bids” and/or “proposals” interchangeably, any reference to “bid(s)” shall not be mistaken for an Invitation for Bid (IFB) under FAR Part 14.

Also, if any references are made to additive items in the specifications or drawings, the term additive item will mean the same as option item.

This RFP includes the attached “Project Documents.” The Project Documents are 100% complete plans and specifications.

C.4 HAZARDOUS MATERIAL ABATEMENT PLAN

Hazardous Materials Abatement Plan: The Government will provide to the Offeror a testing and sampling report of hazardous materials (asbestos containing materials, PCBs, mercury, ozone depleting substances, biological and radiological materials, etc. if applicable) that will identify and assess the hazardous materials in all of the buildings scheduled to be demolished as the part of the project’s scope of work. The Offeror will use this information to prepare their bid. After award the Contractor shall be required to perform their own hazmat survey and develop their own Hazardous Material Abatement Plan. Any additional quantities (above 10%) stated in Governments report will be reviewed and negotiated as unforeseen conditions after award.

C.5 SUSTAINABLE ACQUISITION

The procurement requires the use of bio-based products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the USDA Bio-Preferred Program.

Updated groupings of designated biobased products can be found at the ARS Biopreferred Web site at: www.afm.ars.usda.gov/acquisitions/biopreferred.htm. Green cleaning products can be found in the biopreferred catalog at:

http:www.catalog.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp.

file://md-filer-01.usda.net/Org/APD/OFFICE%20FOLDERS/COB/Construction/ARTC%20Salinas/CRB-%20Presol/www.afm.ars.usda.gov/acquisitions/biopreferred.htm file://md-filer-01.usda.net/Org/APD/OFFICE%20FOLDERS/COB/Construction/ARTC%20Salinas/CRB-%20Presol/signed%20finals

Solicitation # 1232SA19R0033 Page 9

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13693, “Planning for Federal Sustainability in the Next Decade” dated March 19, 2015.

Solicitation # 1232SA19R0033 Page 10

SECTION D - PACKAGING AND MARKING

D.1 ELECTRONIC SUBMISSIONS

All electronic submissions shall be provided on an USB Flash Drive or portable hard drive. Any references in specifications to submissions on Compact Disc or DVD shall mean USB Flash Drive. All electronic submission files shall be readable from Government computers. If Government does not have the program needed to view the files, the contractor shall provide at least two copies of program for Government to install on their computer.

Solicitation # 1232SA19R0033 Page 11

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if the clauses were given in full text. Upon request, the CO will make the full text available. The full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far and Agricultural Acquisition Regulation (AGAR):

https://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

E.2 INSPECTION AND ACCEPTANCE

(AGAR 452.246-70) (FEB 1988)

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

(b) Inspection and acceptance will be performed at: ARTC in Salinas, CA.

E.3 FINAL INSPECTION

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

(b) The Contractor shall give the Contracting Officer 15 calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

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

o As-built drawings o Balancing reports - air and hydronic system balance o Commissioning Report https://www.acquisition.gov/browse/index/far

Solicitation # 1232SA19R0033 Page 12 o Special equipment testing certifications o Record of or definite schedule for systems demonstrations o Operating manuals and instructions for equipment items o Keys/Keying schedule o Guarantees and warranty schedule and contacts o Certificates of inspections o Training of appropriate Government personnel o Certified payroll records for all prime and subcontractor employees

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

E.4 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverables (e.g., certified payroll records, operation & maintenance manuals, as-built drawings, warranty documents, all work identified in drawings, specifications and solicitation for this contract, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

Solicitation # 1232SA19R0033 Page 13

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSE INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.242-14 APR 1984 SUSPENSION OF WORK

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 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 1440 calendar days after receipt of Notice to Proceed for design on the base contract. Optional Items, if awarded, shall require no additional time to the contract.

F.3 LIQUIDATED DAMAGES - CONSTRUCTION

(FAR 52.211-12) (SEPT 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 $887.00 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.

F.4 TIME EXTENSIONS

(FAR 52.211-13) (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

https://www.acquisition.gov/browse/index/far

Solicitation # 1232SA19R0033 Page 14

F.5 PERFORMANCE OF WORK BY THE CONTRACTOR

(FAR 52.236-1) (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.6 SUSPENSION OF WORK

(FAR 52.242-14) (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension delay or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.7 CONSTRUCTION PROJECT SCHEDULE AND SUBMITTALS

The Contractor shall provide all submittals in accordance with Division 01 of the Specifications.

The total duration of the contract shall not exceed the number of calendar days stated in section F.2 of this document.

F.8 DEVIATING FROM THE GOVERNMENT CONCURRED DESIGN

(a) The construction contractor must obtain the approval of the DOR and the Government’s concurrence for any contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

(b) The Government reserves the right to non-concur with any revision to the reviewed and

Solicitation # 1232SA19R0033 Page 15 concurred by the Government document previously submitted.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(d) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished construction documents criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures.

The DOR shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

Solicitation # 1232SA19R0033 Page 16

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 REFERENCES TO CONTRACTOR

All references to “Contractor(s), Construction Contractor,” etc., within this contract, shall all be understood to mean the Construction Contractor of this solicitation/contract, and shall herein be named the “Contractor.”

G.2 MEETINGS

(a) PRE-CONSTRUCTION CONFERENCE

The Pre-Construction Conference will be held at the ARTC in Salinas, CA as soon as practicable after Government issuance of the Notice to Proceed for Construction. The Contractor and the Government representatives will meet to discuss and develop a mutual understanding relative to the administration of the project, design implementation, site conditions, restrictions and constraints, construction schedule, progress payments, value engineering, safety program, preparation and submission of the payment schedule, shop drawings and other submittals, scheduling, programming and prosecution of work. Major subcontractors who will be engaged in the work shall attend also.

Implementation of the Quality Control Plan will be discussed during the pre-construction conference.

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

Contracting Officer's Representatives (COR) and/ or Location Monitors (LM) will be designated after contract award. The DB Contractor will be notified by letter of the name and duties of CORs and LMs.

G.4 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Government’s use of completed portions of work.

(2) Provide submittals required by governing authorities.

(b) Cleaning:

(1) Execute cleaning during progress of work and at completion of work.

(2) Reference other specification sections for additional specific work.

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

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

Solicitation # 1232SA19R0033 Page 17

a. Clean all sight exposed surfaces.

b. Leave project clean and ready for occupancy or use.

c. All concrete floors and stairwells are to be broom clean.

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

(c) Project Record Drawings:

(1) Maintain documents in clean, dry, legible condition.

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

(3) Label each document "Record Documents."

(4) Keep record documents current.

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

(6) At completion of work, and before final acceptance, submit as built drawings in accordance with Section G.5, As-Built Drawings and special contract requirements, i.e., FAR 52.236-21, Specifications and Drawings for Construction, Alternate I: Upon completing the work under this contract, the Contractor shall furnish a complete set of all shop drawings as finally approved.

These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted.

(d) Operating and Maintenance Manuals:

(1) System Demonstration

a. Prior to final inspection, demonstrate operation of each system to the COR, CO, and other individuals as may be designated by the CO.

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

(2) Warranties:

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

1. Submit within ten days after date of substantial completion.

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

G.5 AS-BUILT DRAWINGS

Solicitation # 1232SA19R0033 Page 18

Upon completion of work, one set of paper specifications and one print of each of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO. Where a choice of materials and/or methods is permitted, the as built drawings shall define the construction actually provided. Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary.

Contractor shall stamp the term RECORD DOCUMENTS, date and sign all drawings and volumes of marked specifications. Legibility and clear portrayal of the as built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM). Contractor shall update drawings to reflect the changes shown in the as built drawings and provide copies of the files electronically to the Government. The submission shall be delivered on one full size hard copy and one USB flash drive delivered to the CO and one to the RPR.

G.6 RELEASE FROM CLAIMS

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

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

Date:

Contractor's Signature:

Title: “

G.7 SUPPLEMENT TO CHANGES CLAUSE

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

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

1. Material quantities and unit prices;

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

3. Labor burden (Fringe Benefits, Workmen's Compensation, And Public Liability Insurance);

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

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

c) If the proposed change will result in an increase or decrease in the contract performance period, the Contractor shall state the exact number of days involved. If the proposed change is

Solicitation # 1232SA19R0033 Page 19 approved and the Government agrees with the increase or decrease in completion time, the completion date will become a part of the contract modification.

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

Solicitation # 1232SA19R0033 Page 20

SUMMARY SHEET FORMAT (SAMPLE)

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

1. Direct Materials $

2. Sales Tax on Materials ( % of Line Item 1) $

3. Direct Labor $

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

5. Rental Equipment $

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

7. SUBTOTAL (add lines 1-6) $

8. Overhead ( % of Subtotal, Line 7) $

9. SUBTOTAL (add lines 7-8) $

SUB-CONTRACTOR’S WORK

10. Direct Materials $

11. Sales Tax on Mat'ls ( % of line 10) $

12. Direct Labor $

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

14. Rental Equipment $

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

16. SUBTOTAL (add lines 10-15) $

17. Overhead ( % of line 16) $

18. SUBTOTAL (add lines 16-17) $

19. Profit ( % of line 18) $

20. SUBTOTAL (add lines 18-19) $

TOTAL PRIME & SUB-CONTRACTOR’S WORK

21. Prime's Work (from line 9) $

22. Sub's Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Prime's Overhead on Sub ( % of line 22) $

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

26. SUBTOTAL (add lines 23-25) $

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

28. TOTAL COST $

Date for Time Extension (if any and justification):

Signature & Title of Preparer Date

NOTE: The cumulative total for overhead and profit of all subcontractors and the general Contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent.

Solicitation # 1232SA19R0033 Page 21

G.8 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The U.S. Department of Agriculture utilizes the Department of Defense system, Contractor Performance Assessment Reporting System (CPARS). The CPARS is for service contracts to record and maintain past performance information. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect Engineering).

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

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

1. Go to URL: http://www.cpars.gov/cparsmain.htm

2. Click on CPARS Login near top left.

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

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

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

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

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

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

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

G.9 INVOICE PREPARATION AND SUBMISSION

(a) Prior to Original invoices being submitted into IPP, the contractor shall submit draft or informational copies to the Contracting Officer and EPM for review and approval. Based upon http://www.cpars.gov/cparsmain.htm https://cpars.cpars.gov/cpars/app/userloginctr.do http://www.ppirs.gov/

Solicitation # 1232SA19R0033 Page 22 acceptance of required contract deliverables, review and approval, the contractor will be notified to submit the original invoice to the Invoice Processing Platform (IPP) at www.ipp.gov.

All contractors must register with, and submit all invoices, through the IPP in accordance with Agency policy and also to ensure prompt payment of all invoices.

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

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

7. Taxpayer Identification Number (TIN) and DUNS Number.

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records;

contractors certification (pursuant to FAR 52.232-5); and an updated CPM Schedule.

(b) Construction Related Work

Payments for construction related work will be made on a monthly basis in accordance with the Contractor’s approved schedule contained on ARS-371, Construction Progress and Payment Schedule (or other approved form), that must accompany all invoices.

http://www.ipp.gov/

Solicitation # 1232SA19R0033 Page 23

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 POST-AWARD CONFERENCE

(AGAR 452.215-73) (NOV 1996)

A post award conference with the Contractor is required. Refer to Section G.2(a) “PRE-

CONSTRUCTION CONFERENCE”.

H.2 AVAILABILITY AND USE OF UTILITY SERVICES

(FAR 52.236-14) (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall conserve any utilities furnished.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges.

Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H.3 SCHEDULES FOR CONSTRUCTION CONTRACTS

(FAR 52.236-15) (APR 1984)

(a) The Contractor shall prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment) in accordance with Division 01 of the Specifications. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

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

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this

Solicitation # 1232SA19R0033 Page 24 clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

H.4 SCHEDULES FOR CONSTRUCTION CONTRACTS—ADDITIONAL REQUIREMENTS

The following requirements are in addition to the requirements set forth in Section H.3

(a) The approved Schedule Progress Charts shall be updated and submitted in original and three copies with each Progress Payment request and shall be current with the billing period of the request.

(b) A Cost Loaded Network Analysis System (NAS) preliminary network shall be submitted within 30 calendar days of notice of contract award, in accordance with Specifications Section 013200, for review, evaluation, and changes, as may be required by the Government. An original, 2 color copies and electronic media of the approved NAS shall be submitted within 15 calendar days of Government acceptance and shall include all requirements specified in Division 01 of the Specifications. Updates shall be in accordance with the specifications.

H.5 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT

(AGAR 452.236-71) (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.

H.6 USE OF PREMISES

(AGAR 452.236-72) (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 accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.7 ARCHEOLOGICAL OR HISTORIC SITES

(AGAR 452.236-73) (FEB 1988)

If a previously unidentified archeological 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.

H.8 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

(AGAR 452.236-74) (NOV 1966)

(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, Solicitation # 1232SA19R0033 Page 25 etc.).

(a) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on to the ground, into or nearby rivers, streams, and 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.

(b) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.9 MAXIMUM WORKWEEK--CONSTRUCTION SCHEDULE

(AGAR 452.236-75) (NOV 1996) (DEVIATION)

Within 15 days after receipt of a Notice to Proceed with construction from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work. The maximum work week that will be approved is as shown in Section H.10.

H.10 MAXIMUM WORKWEEK--CONSTRUCTION SCHEDULE SUPPLEMENT AND SPECIAL

ENTRANCE REQUIREMENTS

WORKWEEK - REGULAR HOURS: The maximum regular workweek that will be approved is Monday through Friday, 7:00 a.m. – 5:00 p.m., not to exceed 40 hours per week. The Contractor's proposed hours of work are to include daily starting and stopping times.

(a) Listed below are official Government holidays:

New Year's Day January 1* Martin L. King Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11* Thanksgiving Day Fourth Thursday in November Christmas Day December 25*

*In accordance with Federal regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, the holiday will be observed on Monday.

The Contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security, Government identified emergency health and safety evacuation, etc.

(b) SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has

Solicitation # 1232SA19R0033 Page 26 been issued for the area in which construction is being performed, the Contractor shall take immediate action to tie down, or otherwise secure structures, materials, and equipment on the job site that could become airborne as a result of strong winds, thunderstorms, rain or other weather-related conditions, including protection from extreme or extended periods of cold or heat. These requirements are applicable 24 hours a day, 7 days a week.

(c) WORK OUTSIDE REGULAR HOURS: If the Contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, it shall submit a written request to the CO 5 working days in advance to allow ample time for approval or disapproval and to enable satisfactory arrangements to be made for security, safety, and inspecting the work progress.

In cases where the Contractor receives approval to work outside of normal working hours, cost incurred by the Contractor for overtime and additional cost incurred by the Government for services including inspection costs shall be borne by the Contractor.

H.11 SAMPLES AND CERTIFICATES

(AGAR 452.236-76) (FEB 1988)

When required by the specifications or the CO, samples, certificates, and test data shall be submitted after award of the contract, prepaid, for proper action by the CO 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 CO.

H.12 KEY PERSONNEL

(AGAR 452.237-74) (FEB 1988)

(a) The Contractor shall assign to this contract the following Key Personnel:

Project Manager:

Quality Control Manager:

Commissioning Representative:

Superintendent/Site Safety and Health Manager:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of Key personnel unless the substitution is necessitated by unforeseen cause. The Contractor shall notify the CO within 15 calendar days after the occurrence of the unforeseen cause and provide the information required by paragraph (C) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (C) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of Key Personnel.

Solicitation # 1232SA19R0033 Page 27

H.13 ACCEPTANCE OF QUALIFICATIONS

The CO may accept or reject Key Personnel proposed by the Contractor. The Contractor shall make a timely and prompt resubmittal to provide other personnel required to replace any that are rejected by the CO, both at initial submittal or any subsequent rejection or substitution of personnel.

H.14 REMOVAL OF PERSONNEL

The CO shall have the right to effect removal of any Contractor employee at any time during the duration of the contract if that employee is deemed to not be of the level of competence or ability required…