1232SD18B0010.pdf

TO ALL PROSPECTIVE BIDDERS

The U.S. Department of Agriculture, Agricultural Research Service, Western Business Service Center, anticipates award of a Firm-Fixed-Price Contract, as set forth in this sealed-bid solicitation.

A pre-bid conference and site inspection will be conducted for prospective bidders to provide information concerning the Government’s requirements and to answer any questions regarding this solicitation. The site visit is scheduled for July 23, 2018 and will be held at the USDA, ARS, PA, Plains Area (PA) Conservation and Production Research Lab (CPRL), 2300 Experiment Station Rd, Bushland, TX 79012. All questions on this project must be in writing and should be emailed (Michael.Douglas@ars.usda.gov) or faxed (979) 260-9344 to the Contracting Officer, Michael Douglas by COB three days after the site visit. Questions/Answers will be posted to www.fbo.gov.

The following instructions will assist you in submitting a responsive bid:

In order to be considered responsive, a bidder must complete and return 1 original & 1 copy of the following:

1. [ ] SECTION A - THE SCHEDULE FORM SF-1442 complete blocks #14 - #20c.

2. [ ] SECTION B.3 - SCHEDULE OF ITEMS - Bid on all items set forth in Bid Schedule, including

Base Bid and all Add Alternate Bid Items (if any).

3. [ ] SECTION B.4 – Data Universal Numbering System (DUNS).

4. [ ] SECTION I.1-CONTRACT CLAUSES-BID BOND (Is required in accordance with FAR 52.228-1

Bid Guarantee in the amount of 20% of the total bid price).

5. [ ] References - Reference five customers for which you have completed jobs within the past year. Provide a contact person, telephone number, and address with zip code for each customer. If possible, also include the contact person's email address.

6. [ ] SECTION K.1-FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS, Complete Item (b)(2) (i) or (ii).

NOTE: Contractors are required to register or update their registration at the System for Award Management, SAM website at www.sam.gov in order to receive a contract award under this solicitation.

Bids must be returned in a sealed envelope with the following information on the outside of the envelope: Solicitation Number, Bid Opening Date, and Bid Opening Time on the outside of sealed envelope.

Bids must be received no later than 3:00 p.m. August 8, 2018 as set forth in Item 13a of Part I - THE

SCHEDULE (SF-1442).

FACSIMILE OR EMAILED BIDS WILL NOT BE ACCEPTED.

mailto:Michael.Douglas@ars.usda.gov http://www.fbo.gov/ http://www.sam.gov/

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)…………………………………………………...1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

[For this solicitation, there are NO clauses in this Section.]

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS………………………………………...29

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS……………………………………………………………………..…37

SECTION M - EVALUATION FACTORS FOR AWARD

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

SOLICITATION

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12b.)

award, notice to proceed. This performance period is mandatory, negotiable. (See .)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

YES NO

12b. CALENDAR DAYS containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

is,b. An offer guarantee is not required.

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.

will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA FAR (48 CFR) 53.236-1(d)

This form was electronically produced by USDA/ARS/OCIO/ADB.

7. ISSUED BY

11. The contractor shall begin performance within

d. Offers providing less than local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes

a. Sealed offers in original and (hour) calendar days and complete it within calendar days after receiving copies to perform the work required are due at the place specified in Item 8 by calendar days for Government acceptance after the date offers are due will not be considered and

07/09/2018

08/08/2018

1 42

14 270

1232SD18B0010

USDA, ARS, WBSC

1001 HOLLEMAN DRIVE EAST

COLLEGE STATION, TX 77840

PHONE: (979) 260-9480

FAX: (979) 260-9344

Michael.Douglas@ars.usda.gov

(SAME AS BLOCK #7)

MICHAEL DOUGLAS (979) 260-9480

The Contractor shall furnish all labor, materials, tools, equipment, permits, supervision, all other resources necessary for the Replacement of the existing HVAC systems for Micro-Biology Lab Building 24, including equipment, ductwork, controls, ceilings where scheduled, patching and repairing of existing finishes, and associated work at the U. S. Department of Agriculture (USDA), Agricultural Research Service (ARS), Plains Area (PA) Conservation and Production Research Lab (CPRL), 2300 Experiment Station Rd, Bushland, TX 79012.

All work to be in accordance with the Statement of Work/Specifications, drawings, terms, conditions, clauses and provisions set-forth herein.

This construction project is set-aside for Small Business firms (SB).

The North American Industry Classification Code (NAICS) for this procurement is 238220, Plumbing, Heating, and Air-Conditioning Contractors and size standard $15 million applies.

In accordance with FAR 36.204 the magnitude of this construction project is between $250,000 and $500,000.

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

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 requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum

17.

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT

NUMBER

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

26. ADMINISTERED BY CODE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) 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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

27. PAYMENT WILL BE MADE BY

USDA, ARS, WBSC

1001 HOLLEMAN DRIVE EAST

COLLEGE STATION, TX 77840

USDA, ARS, WBSC

1001 HOLLEMAN DRIVE EAST

COLLEGE STATION, TX 77840

MICHAEL DOUGLAS

Solicitation Number 1232SD18B0010

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 BID SCHEDULE

In order to be considered responsive, a bidder must bid on all items in the quantities stated in the schedule.

B.2 SCOPE OF WORK

The USDA, ARS, PA, CPRL requires that all labor, supervision, tools, and materials be provided to for the Replacement of the existing HVAC systems for Micro-Biology Lab Building 24 in Bushland, TX. All work shall be performed in accordance with the terms, conditions, drawings and specifications contained in this document.

B.3 SCHEDULE OF ITEMS

Item No. Description Price/Cost

Base Item Replacement of the existing HVAC systems for

Micro-Biology Lab Building 24

All for the Lump Sum of………………………..$____________________

Grand Total ……………………………………………..$____________________

B.4 DATA UNIVERSAL NUMBERING SYSTEM

Provide your Dun and Bradstreet Number: #____________________________________________

B.5 Base Period of Performance - The base period of performance is 90 calendar days from Date of issuance of the

Notice to Proceed.

B.6 Vets 100 Report: Prior to award, the successful bidder must provide evidence of a Current VETS 100 report.

Visit http://www.dol.gov/vets/contractor/main.htm for Information on filing your report with the Department of Labor.

All work shall be in strict accordance with the attached Drawings and Specifications.

http://www.dol.gov/vets/contractor/main.htm

B.7 SITE VISIT

A Site Visit will be held on July 23, 2018 at 9:30 a.m. at the USDA, ARS, PA, Plains Area (PA) Conservation and Production Research Lab (CPRL), 2300 Experiment Station Rd, Bushland, TX 79012.

For directions to the site please contact Lloyd Banghart, Contracting Officer’s Representative (COR), Office (806) 356-5716, Mobile (806) 683-5716, Email: Lloyd.Banghart@ARS.USDA.GOV.

The site visit will be held for the purpose of providing contractors with the opportunity to familiarize themselves with the site which may be helpful in the preparation of offers.

Attendance at this site visit is not mandatory for offer submission. However, failure to visit the site will not relieve or mitigate the successful contractor's responsibility and obligation to fully comply with the terms, conditions, and specifications contained and/or referenced in this document.

Any questions arising from this solicitation submitted to the Contracting Officer in writing. Questions may be submitted via email Michael.douglas@ars.usda.gov. Questions should reference the particular section in the solicitation or specification/drawing section of concern, if applicable. All written questions received, whether prior to the site visit or subsequent to it, will be answered in writing and transmitted to all offerors via an amendment to the solicitation.

B.8 ADDITIONAL OFFER INFORMATION

Bids MUST be received not later than 3:00 p.m. July 8, 2018. Bids must be in writing and mailed to:

Michael Douglas, Contract Specialist

USDA, ARS, WBSC

1001 Holleman Drive East College Station, TX 77840 Emailed to Michael.Douglas@ars.usda.gov Phone: (979) 260-9480 Faxed: (979) 260-9344

BIDS MUST BE ANNOTATED AS SUCH AND REFERENCE THE SOLICITATION NUMBER, BID OPENING DATE, AND

BID OPENING TIME ON THE OUTSIDE OF THE SEALED ENVELOPE.

mailto:Lloyd.Banghart@ARS.USDA.GOV mailto:Michael.douglas@ars.usda.gov mailto:Michael.Douglas@ars.usda.gov

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 Description of work:

Replace the roof of the warehouse, Bldg. #51-24, to replace insulation in the walls of the warehouse, to paint the walls of the warehouse, and to paint the roofs, walls and doors of the tractor shed, Bldg. #50-24, and the fitness center, Bldg. #501-24.

C.2.1 Permits and Licenses.

Pursuant to FAR 52.236-7 Permits and Responsibilities, the Contractor shall obtain all required permits, licenses, and authorizations to perform work under this contract and comply with all the applicable Federal, state, and local laws and regulations.

C.2.2 Directives, Instructions and References

Only the Contracting Officer shall issue directives/instructions defining the roles and responsibilities and appointment of a Contracting Officer Representative (COR); Location Monitor (LM); Project Manager (PM);

Occupational Health & Safety Manager and/or any other functional appointment as deemed necessary for the scope of work.

C.2.3 The Contractor shall manage the total work effort associated with the services required in each task order to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

C.2.4 Service Interruptions/Utility Outages

If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer Representative 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 Contracting Officer Representative as soon as practicable.

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.

C.2.5 Key Personnel

The Contractor shall confirm to the Contracting Officer the List of Key Personnel and their qualifications provided as part of the proposal. The contractor will provide any additional information requested by the Contracting Officer to certify their qualifications.

C.2.6 Employee Requirements

The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract.

Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each task order.

C.2.7 OSHA training requirements shall be strictly enforced prior to the commencement of work. The job superintendent must be an OSHA certified “competent person” with 30 hours of training and all other employees working on the project must have a minimum of 10 hours of OSHA training.

C.2.8 The job superintendent/OSHA certified competent person needs to be on site at all times when work is being done.

C.2.9 Employee Conduct

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

C.2.10 Removal of Employees

The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of Agricultural Research Service.

C.3 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.

(End of Clause)

C.4 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (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.

C.5 BIOBASED PRODUCTS REQUIREMENTS

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 BioPreferred SM 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) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases;

biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

SECTION D - PACKAGING AND MARKING

D.1 (FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION).

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (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 address: http://acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION FEB 1996

E.2 SUBSTANTIAL COMPLETION INSPECTION

The Contractor shall notify the COR at least ten (10) calendar days before the end of the contract completion date to schedule the project for a substantial completion inspection to be conducted.

E.3 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 will be performed at:

The site where work will be performed.

Acceptance will be performed at: See (b) above.

E.4 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract has been completed in accordance with the terms, conditions, specifications, and drawings set forth in this contract. If, upon examination by the Contracting Officer, his/her designated representative, and Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the Contractor may be held financially liable for any additional cost of reinspection when material and workmanship are not ready at the time specified by the Government for project inspection.

(b) Contractor shall give the Contracting Officer ten (10) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

(c) The Contracting Officer will notify the Contractor of any discrepancies and/or omissions noted at the final inspection by providing a "punchlist" as to the discrepancies/omissions, replacement of materials and performance or reperformance of any unsatisfactory work necessary for final acceptance. This notification shall not in any way be deemed an extension of the contract completion date. If all construction required by the contract is found completed and all contractual documents (i.e. payrolls, shop/as-builts/red-line drawings, release from claims, etc.) have been submitted, the Contracting Officer shall notify the Contractor http://acquisition.gov/ of such in writing by processing the final payment for the project.

(d) Acceptance shall be final and conclusive, except for latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding the Government’s right under any warranty or guarantee.

E.5 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, as-built drawings, warranty documents, 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

F.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 they were given in full text. Upon request the Contracting Officer will make their full text available. Also, the full text of a

52.242-14 SUSPENSION OF WORK APR 1984

52.242.15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

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 fourteen 14 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 270 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer shall designate the Contracting Officer's Representative (COR) at the time of contract award. The Contractor will be notified by letter of the name and duties of the COR.

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Owner'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:

a. Clean all sight-exposed surfaces.

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

c. All floors are to be broom and wet-mop cleaned.

(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 "Project Record."

(4) Keep record documents current.

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

(6) At completion of work, and before final acceptance, submit as-built drawings in accordance with special contract requirements.

(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 and Bonds:

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.3 AS-BUILT DRAWINGS

On completion of work, one set of paper specifications and one print and one plastic reproducible 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. The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducibles, 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 Area Office Engineer.

G.4 RELEASE FROM CLAIMS

The Contractor shall complete and submit a release of all claims against the Government arising under and by virtue of the purchase order, similar to the following with the final invoice/billing request:

For and in consideration for the receipt of final payment in the amount of $____________ under and pursuant to Purchase Order No. ____________, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said purchase order.

Name, Title, and Signature of Contractor DATE

G.5 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 rate);

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

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any).

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) Following (G.6) is a sample format for showing related costs as a result of a change order. A similar sheet shall accompany each written detailed cost breakdown. The sample format is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

G.6 SUMMARY SHEET FORMAT

DATE

PROJECT

LOCATION

CONTRACT NUMBER

CONTRACTOR

CHANGE ORDER NO. DESCRIPTION

PRIME CONTRACTOR'S WORK

1. Direct Materials $

2. Sales Tax on Materials % of line 1 $

3. Direct Labor $

4. Insurance, Taxes, and Fringe Benefits % of line 3 $

5. Rental Equipment $

6. Sales Tax - Rental Equipment % of line 5 $

7. SUBTOTAL (lines 1-6) $

8. Overhead % of line 7 $

9. SUBTOTAL (add lines 7-8) $

SUBCONTRACTOR=S WORK

10. Direct Materials $

11. Sales Tax on Materials % of line 10 $

12. Direct Labor $

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

14. Rental Equipment $

15. Sales Tax - Rental Equipment % of line 14 $

16. SUBTOTAL (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) $

SUMMARY

21. Primes Work (from line 9) $

22. Subs Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Primes Overhead on Sub % of line 16 $

25. Primes Profit % of line 16 $

26. SUBTOTAL (add lines 23-25) $

27. Primes Bond Premium % of line 26 $

28. TOTAL Cost $ Estimated time extension (if any and justification):

Signature and Title of Preparer Date

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30 PERCENT. FOR PRIME CONTRACTORS WORK ONLY, THE CUMULATIVE TOTAL FOR OVERHEAD

AND PROFIT SHALL NOT EXCEED 20 %.

G.7 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice and one copy to the following address:

USDA, ARS, WBSC

ATTN: Michael Douglas 1001 Holleman Dr. East College Station, TX 77840 P: (979) 260-9480; F: (979) 260-9344 Email: michael.douglas@ars.usda.gov

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, Contractor certification, and updated CPM Schedule.

Once the paper invoice has been approved by the Contracting Officer, the Contractor shall submit the invoice electronically through the U.S. Department of Treasury Invoice Processing Platform (IPP) at www.ipp.gov. This is a mandatory requirement.

mailto:michael.douglas@ars.usda.gov http://www.ipp.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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 they were given in full text. Upon request the Contracting Officer will make their full text available. Also, the full text of a

52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, APR 1984 Equipment, Utilities, and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction APR 1997

H.2 INSURANCE COVERAGE-ALT 1 (AGAR 452.228-71) (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $1.0 million per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the con contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and

$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.3 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.4 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

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 the campsite or trailer parking area of any employee working on the project for the Contractor.

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.5 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

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

H.6 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (AGAR 452.236-74) (NOV 1996)

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

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

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

H.7 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (AGAR 452.236-75) (NOV 1996)

Within 14 (fourteen) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 8:00 a.m. to 4:30 p.m., Mon. thru Fri., excluding Federal holidays.

H.8 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

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

H.9 KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: SITE SUPERINTENDENT

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events 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 Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer 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.

H.10 SUBMITTALS AND SHOP DRAWINGS

a. The Contractor shall submit for approval, two (2) copies (minimally) of shop drawings of all manufactured products required in the construction for which such drawings are required. When approved, the Government will forward one set to the Contracting Officer's Representative (COR), one set to the Construction Manager (CM), and one set to the Contractor. If the Contractor requires more than one approved set, additional copies of this document must be forwarded in the number needed.

b. Shop drawings and submittals shall be marked with the Purchase 0rder Number, Project Description, Name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the purchase order requirements because of standard shop practice or other reasons, the Contractor shall make specific mention of such variations in his/her letter of transmittal or directly on the drawing/submittal.

c. Approval of shop drawings will be general and will not relieve the Contractor of the responsibility of furnishing material and work required by the purchase order.

d. Shop drawings shall be submitted for approval in ample time to permit checking of the drawings, allow the Contractor to make any corrections and resubmit drawings prior to the time construction is started on work covered by any drawings.

e. Non-approval of equipment due to failure to meet specifications or non-approval of the Contractor's drawings due to submission of incomplete or incorrect information shall not be considered as a basis for extension of time for completion of the purchase order.

f. The quantity of shop drawings required may be subject to change due to construction management surveillance needs and/or the complexity of the project. Quantities of shop drawings and submittals will be finalized at the preconstruction conference.

H.11 CHANGE ORDERS OVER $3,000

The Contractor shall submit a written statement to the Contracting Officer of the monetary extent of a claim for equitable adjustment with each proposal involving an increase or decrease in the purchase order price for any change order. Submit an itemized cost breakdown to show all increases or decreases in order for the Government to properly evaluate the reasonableness of all items. At a minimum, submit the following:

a. Material quantities and unit costs

b. Labor costs broken down by trades, hours to be worked, and hourly rates

c. Rental or operation cost of construction equipment used exclusively on work involved in the change

d. Labor burden (i.e., fringe benefits, Workers Compensation, Insurance, etc.)

e. Overhead

f. Profit

g. FICA and FUTA taxes

h. Sales tax (if any)

H.12 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

Within 14 (fourteen) calendar days after the date of receipt of Notice of Award, the Contractor shall prepare and submit to the Contracting Officer for approval and signature, an original and two copies (with original signatures by the Contractor) of ARS Form 371, "Construction Progress and Payment Schedule." This form, in conjunction with ARS Form 372, "Contractor's Request for Payment Transmittal" (or an acceptable facsimile), will be the basis for partial payments to the Contractor. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the purchase order. Upon the Contracting Officer's approval and signature, a copy of the Form 371 (with original signatures) will be given to the Contractor. A blank copy of both the ARS-371 and ARS-372 will be provided to the Contractor with the Notice of Award. No work may be performed onsite unless and until the ARS Form 371 has been approved by the Contracting Officer. The ARS Form 371 is required even though progress or partial payments would not be requested by the Cooperator. The need by a Contractor for partial or progress payments, when authorized by the terms of this document, will not be treated as a handicap in making a purchase order award.

H.13 INVOICES

Invoices shall be submitted in an original and one (1) copy to the attention of the Contracting Officer Representative who will forward them to the Contracting Officer. Invoices shall contain, at a minimum, the name of the Company; Purchase Order Number; description of services, price for such services actually rendered; shipping and payment terms; and name (where practicable), title, phone number and complete mailing address of responsible official to whom payment is to be sent. In order for invoices to be processed, certified payroll records must have been received by the Contracting Officer for the period being invoiced. NO INVOICES WILL BE PROCESSED UNLESS CURRENT CERTIFIED PAYROLL RECORDS ARE ON FILE WITH THE CONTRACTING OFFICER IN ACCORDANCE WITH THE DAVIS-BACON ACT. All invoices will be returned to the Contractor without payment action until payroll records are received by the Contracting Officer. The final invoice shall include a Release of Claims Form as shown in Section G.4 of the contract.

H.14 AS-BUILT DRAWINGS AND OPERATIONS AND MAINTENANCE MANUALS

Upon completion of the Contract, the Contractor shall submit to the Contracting Officer two (2) sets of neatly marked (in red) and labeled "As-Built" drawings and shall also submit three (3) copies of each Operations and Maintenance Manuals for any and all equipment furnished and/or installed by the Contractor under this contract. Final payment shall not be made unless and until such documentation is received and accepted by the Contracting Officer.

H.15 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least three (3) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

H.16 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 finding 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.

(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 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.

H.17 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 coordinate their construction operations to the fullest extent. 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.

H.18 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 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 includes the activities of all the Contractor’s personnel, their subcontractors and suppliers.

H.19 SUBCONTRACTORS,…