1232SA23Q0107 Cont Page_updated 11Sep2023.pdf

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B.1 – SCOPE OF CONTRACT

The National Agriculture Library (NAL) requires sidewalk repairs as follows:

a) Remove existing walkway pavers and install a concrete sidewalk in the center field area.

b) Perform minor site grading to install a pipe under the center of the sidewalk to allow water runoff.

c) Remove existing pavers at the main entrance at two locations and install concrete sidewalks.

d) Replace two damaged concrete slabs at the main entrance, located at 10300 Baltimore Ave in

Beltsville, Maryland.

This is a Small Business Set Aside procurement.

SECTION B.2 - PRICE SCHEDULE:

(a) Contractor agrees to perform all required work as described in the below referenced items and contract. terms and conditions. To be considered responsive, an offeror must propose on all items.

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

CLIN Description Price/Cost

0001 Repair sidewalk IAW and other tasks outlined in the $ attached SOW. 1 Project. (see Section L-3(a) for quote breakout)

SECTION B.3 - PERFORMANCE TIME

The construction performance period is 180 days from contract award date.

SECTION B.4 - PERFORMANCE AND PAYMENT BOND REQUIREMENTS

Performance and Payment Bonds are NOT required.

SECTION B.5 - BID GUARANTEE: A bid guarantee is NOT required.

SECTION B.6 - E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use

E-Verify. (FAR clause 52.222-54).

SECTION B.7 - PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.

B.8 - WAGE DETERMINATION: Department of Labor General Decision Number, Wage Determination

No.: MD20230106, dated 01/06/2023 is included as an attachment to solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to quote submission date. Revision may also be applicable prior to any contract award. Wage decisions are available at https://SAM.gov.

End of this section

SECTION C – DOCUMENTS

SECTION C.1 - STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

The contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Section J.

SECTION C.2 - ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATION (AGAR 452.211-73)

(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION C.3 - SUSTAINABLE ACQUISITION

This procurement requires the use of biobased 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.

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.

SECTION D - PACKAGING AND MARKING

SECTION D.1 - All submissions for this project shall be completed electronically to the maximum extent practical. Transmission shall be completed by email or secure ftp/file transfer sites.

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E.1 - CONTRACTING OFFICER'S TPOC

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

(b) The Contracting Officer will designate a TPOC at time of award. The TPOC will be responsible for technical monitoring of the contractor's performance and deliveries. The TPOC will be named at time of award.

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

Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; Waive or agree to modification of the delivery schedule; Make any final decision on any contract matter subject to the Disputes Clause; Terminate, for any reason, the Contractor's right to proceed;

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

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

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

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

Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the TPOC acting within his or her appointment, shall be at the Contractor's risk.

SECTION E.2 - INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(f) The Contracting Officer or the Contracting Officer’s duly authorized TPOC will inspect and accept all construction services to be provided under this contract.

(g) Inspection and acceptance will be performed at:

National Agricultural Library (NAL)

10301 Baltimore Avenue

Beltsville, Maryland 20705

SECTION E.3 - FINAL INSPECTION

(a) A final inspection shall be made for the NAL when all materials have been furnished and all work has 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 work 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 10 calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

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

a. As-Built Drawings (if applicable).

b. Guarantees and warranty schedule and contacts (if applicable).

c. Certificates and inspections (if applicable).

d. 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.

SECTION E.4 - FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection at NAL 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.

SECTION F – DELIVERIES OR PERFORMANCE

SECTION 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 award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after award date.

SECTION F.3 - TIME EXTENSIONS

(FAR 52.211-13) (SEP 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.

SECTION F.4 - SCHEDULES FOR CONSTRUCTION CONTRACTS

(FAR 52.236-15) (APR 1984)

(a) The Contractor shall prepare and submit to the Contracting Officer and representatives as directed a comprehensive “Gantt” style project schedule with adequate detail to illustrate the timeline for the Design and Construction Phases of the project. The schedule shall have adequate breakdown/details to monitor the construction project and shall at a minimum include design development, government approvals, material deliveries, construction activities in detail, commissioning, and project closeout.

The project schedule shall be prepared in color and shall be distributed as a PDF file prepared for printing on

11x17 sheet(s). 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 schedule and distribute for discussion at the monthly progress meeting and as otherwise directed by 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 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.

SECTION F.5 - CONSTRUCTION PROJECT SCHEDULE AND SUBMITTALS

The total duration of the contract shall not exceed 180 calendar days.

SECTION F.6 - 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 25 percent 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.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G.1 - MEETINGS

(A) PRE-CONSTRUCTION CONFERENCE

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, accident prevention , 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.

SECTION G.2 - 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: “

SECTION G.3 - 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 bonds.

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 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.

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.

SECTION G.4 - 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 or designated representative for review and approval.

Based upon 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.

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

(c) The contractor shall include the following information on each invoice 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).

SECTION G.5 - COOPERATION WITH OTHER CONTRACTORS

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

SECTION G.6 - LIST OF MATERIALS

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

(b) In order to properly identify and to prove compliance with the requirements of the specifications, the

Contractor shall give the following data for each product included in the list of materials. Section heading of the specifications under which material is specified. Manufacturer’s name and address. Grade, type, trade or catalog number. Size, capacity, and other pertinent data. Compliance with Buy American

Act and Bio-preferred.

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

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

(e) Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict http://www.ipp.gov/ contractor to brand specified; however, any substitution must be met with approval of the Contracting

Officer. Other products comparable in type, quality, utility, and price are acceptable if approved by the

Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

G.7 - PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR clause 52.228-5, Insurance-Work on a Government Installation, is in full compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government’s rights and remedies under any other clause in this contract or other

Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government’s rights, the Contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the Contractor due to fraud, negligence, vandalism, willful misconduct, or violation of

Federal, state, or local safety regulations, building codes and laws. The Contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the Contractor.

For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under

Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the Contractor. This liability and responsibility include the activities of all the Contractor’s personnel, their subcontractors and suppliers.

G.8 - SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

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

G.9 - SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management

(SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor

Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the

Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in

SAM at www.sam.gov and enter all mandatory information into the system.

Warning: Offerors are required to be registered in SAM at the time an offer is submitted to comply with the annual representations and certifications requirements. If registration is not fully validated the date Offers are due, offers may be considered non-responsive and rejected.

G.10 - THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the

Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties

List System (EPLS) located at www.sam.gov for each person or business providing services under this contract.

During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

G.11 - VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual Form

VETS- 4212, Federal Contractor Veterans' Employment Report (VETS-4212 Report) in all cases where the contractor or subcontractor has received an award of $100,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d).

Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, check the following website: http://www.vets4212.dol.gov. See FAR provision 52.222-38, Compliance with Veterans' Employment

Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports Veterans (FEB 2016) under the General Conditions.

End of Section http://www.sam.gov/ http://www.sam.gov/ http://www.vets4212.dol.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H.1 - 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.

SECTION H.2 -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, etc.).

(b) Pollutants such as fuels, lubricants, bitumen, and other harmful materials shall not be discharged on to the ground, paved parking, or drive areas. Spill clean-up shall comply with OSHA & EPA requirements. Wash water or waste from concrete or aggregate operations shall be fully contained and removed from the site in compliance with OSHA, EPA &

USDA regulations.

SECTION H.3 - Service Interruptions/Utility Outages

(a) If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the

Contractor shall notify the Technical Point of Contact (TPOC) ten calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor shall notify the TPOC as soon as practicable.

(b) At a minimum, include the location of the outage, utilities being affected, duration of outage and any necessary sketches. Once approved, and prior to beginning work on the utility system requiring shut down, attend a pre-outage coordination meeting with the Contracting Officer to review the scope of work and the lock-out/tag-out procedures for worker protection. No work will be performed on energized electrical circuits unless proof is provided that no other means exist.

SECTION H.4 -Employee Conduct

Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

SECTION H.5 - MAXIMUM WORK-WEEK--CONSTRUCTION SCHEDULE SUPPLEMENT AND SPECIAL

ENTRANCE REQUIREMENTS

(a) 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.

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

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

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 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.

(d) 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.

SECTION H. - 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. With exception of physical samples required for color or material approval, submissions shall be completed by email or approved file transfer as PDF files.

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 or authorized procedure.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR | Acquisition.GOV

(End of Clause)

FAR 52.202-1 - - Definitions (JUN 2020) FAR 52.203-3 - - Gratuities (APR 1984) FAR 52.203-5 -- Covenant Against Contingent Fees (MAY 2014)

FAR 52.203-7 -- Anti-Kickback Procedures (JUN 2020)

FAR 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

FAR 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) FAR 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.203-17 -- Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (JUN 2020) FAR 52.203-19 -- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

FAR 52.204-2 – Security Requirements (MAR 2021)

FAR 52.204-9 - - Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) FAR 52.204-13 -- System for Award Management Maintenance (OCT 2018) FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.204-19 -- Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR 52.204-23 -- Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021)

FAR 52.204-25 -- Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021)

FAR 52.204-27 -- Prohibition on a ByteDance Covered Application (JUN 2023)

FAR 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

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

FAR 52.215-2 – Audit and Records-Negotiation (JUN 2020) FAR 52.215-8 -- Order of Precedence -- Uniform Contract Format (OCT 1997) FAR 52.219-28 -- Post-Award Small Business Program Representation (MAR 2023)

FAR 52.222-1 -- Notice to the Government of Labor Disputes (FEB 1997) FAR 52.222-3 -- Convict Labor (JUN 2003) FAR 52.222-4 -- Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)

FAR 52.222-6 -- Construction Wage Rate Requirements (AUG 2018)

FAR 52.222-7 -- Withholding of Funds (MAY 2014)

FAR 52.222-8 - Payrolls and Basic Records (JUL 2021)

FAR 52.222-9 -- Apprentices and Trainees (JUL 2005)

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

FAR 52.222-11 -- Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 -- Contract Termination -- Debarment (MAY 2014) FAR 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014)

FAR 52.222-14 -- Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 -- Certification of Eligibility (MAY 2014) FAR 52.222-20 -- Contracts for Materials, Supplies, Articles and Equipment (JUN 2020)

FAR 52.222-21 -- Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 -- Equal Opportunity (SEP 2016) FAR 52.222-27 -- Affirmative Action Compliance Requirements for Construction (APR 2015)

FAR 52.222-37 -- Employment Reports on Veterans (JUN 2020)

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

FAR 52.222-50 -- Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 -- Employment Eligibility Verification (MAY 2022) FAR 52.222-55 -- Minimum Wages Under Executive Order 13658 (JAN 2022)

FAR 52.222-62 -- Paid Sick Leave Under Executive Order 13706 (JAN 2022)

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

(SEP 2013)

FAR 52.223-3 -- Hazardous Material Identification and Material Safety Data (FEB 2021)

FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information. (MAY 2011)

FAR 52.223-6 -- Drug-Free Workplace (MAY 2001)

FAR 52.223-11 -- Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN

2016) FAR 52.223-15 -- Energy Efficiency in Energy-Consuming Products (MAY 2020) FAR 52.223-17 -- Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(AUG 2018)

FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

FAR 52.225-13 -- Restriction on Certain Foreign Purchases (FEB 2021) FAR 52.227-1 - - Authorization and Consent (JUN 2020) FAR 52.227-4 -- Patent Indemnity – Construction Contracts (DEC 2007)

FAR 52.228-5 -- Insurance -- Work on a Government Installation (JAN 1997)

FAR 52.229-3 -- Federal, State, and Local Taxes (FEB 2013)

FAR 52.229-4 -- Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013)

FAR 52.232-5 -- Payments under Fixed-Price Construction Contracts (MAY 2014)

FAR 52.232-16 -- Progress Payments (NOV 2021)

FAR 52.232-17 -- Interest (MAY 2014)

FAR 52.232-23 -- Assignment of Claims (MAY 2014)

FAR 52.232-27 -- Prompt Payment for Construction Contracts (JAN 2017)

FAR 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (OCT 2018)

FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.233-3 -- Protest after Award (AUG 1996)

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

FAR 52.236-1 -- Performance of Work by the Contractor (APR 1984)

FAR 52.236-2 - - Differing Site Conditions (APR 1984)

FAR 52.236-3 -- Site Investigation and Conditions Affecting the Work (APR 1984)

FAR 52.236-5 -- Material and Workmanship (APR 1984)

FAR 52.236-6 -- Superintendence by the Contractor (APR 1984)

FAR 52.236-7 -- Permits and Responsibilities (NOV 1991)

FAR 52.236-8 -- Other Contracts -- (APR 1984)

FAR 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984)

FAR 52.236-10 -- Operations and Storage Areas (APR 1984)

FAR 52.236-11 -- Use and Possession Prior to Completion (APR 1984)

FAR 52.236-12 -- Cleaning Up (APR 1984)

FAR 52.236-13 – Accident Prevention (NOV 1991)

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

FAR 52.236-15 -- Schedules for Construction Contracts (APR 1984)

FAR 52.236-17 -- Layout of Work (APR 1984)

FAR 52.236-21 -- Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984)

FAR 52.236-26 -- Preconstruction Conference (FEB 1995)

FAR 52.242-13 -- Bankruptcy (JUL 1995)

FAR 52.242-14 -- Suspension of Work (APR 1984)

FAR 52.243-4 -- Changes (JUN 2007)

FAR 52.243-5 -- Changes and Changed Conditions (APR 1984)

FAR 52.244-6 -- Subcontracts for Commercial Products and Commercial Services (SEP 2023)

FAR 52.246-12 -- Inspection of Construction (AUG 1996)

FAR 52.246-13 – Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

FAR 52.246-21 -- Warranty of Construction (MAR 1994)

FAR 52.248-3 -- Value Engineering-Construction (OCT 2020)

FAR 52.249-2 -- Termination for Convenience of the Government (Fixed-Price) (Apr 2012) Alternate I (SEP

1996)

FAR 52.249-10 -- Default (Fixed-Price Construction) (APR 1984)

FAR 52.253-1 -- Computer Generated Forms (JAN 1991)

(END CLAUSES BY REFERENCE)

Note: In addition to the requirements of FAR clause 52.223-2; The contractor shall report to the environmental point of contact, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the contractor during the previous fiscal year.

• The report must be submitted no later than October 31 of each year during contract performance and at the end of contract performance.

• The environmental point of contact for all USDA Agencies is:

Karen Zhang karen.zhang@usda.gov

Phone: 202-322-9653

• Biobased reporting shall be completed by following the instructions provided in the

System for Award Management (SAM).

I.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

FAR 52.204-21 -- BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI)

4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries mailto:karen.zhang@usda.gov and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.222-36 – Equal Opportunity for Workers with Disabilities (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR)

22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The

Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

Alternate I (Jul2014) Notice: The following term(s) of this clause are waived for this contract:

None.

FAR 52.223-20 – Aerosols (JUN 2016)

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

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and http://www.epa.gov/snap/)

(4) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

FAR 52.223-21 -- Foams (JUN 2016)

(a) Definitions. As used in this clause–

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/.

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as–

(c) In-use emission rates, energy efficiency, and safety;

(d) Ability to meet performance requirements; and

(e) Commercial availability at a reasonable cost.

(f) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/.

FAR 52.225-9 -- Buy American-Construction Materials (OCT 2022)

Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(a) Means any item of supply (including construction material) that is–

(1) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at

Federal Acquisition Regulation (FAR) 2.101);

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

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

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

"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…