12405B24Q0223 Awning.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1130897

SEA STONEVILLE MS LOCATION SUPPORT

141 EXPERIMENT STATION ROAD

STONEVILLE MS 38776

ARS-124M55

See Section L.5

a. NAME

AMANDA SOMERVILLE

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

406-672-2373/amanda.somerville@usda.gov

106/13/2024

12405B24Q0223

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

A. Project Title: Replace Awning, Southeast Area Office, Stoneville, MS

B. This acquisition has been 100% set-aside for small business. Applicable NAICS code is 238190 Other Foundation, Structure, and Building Exterior Contractors.

C. In accordance with Federal Acquisition Regulation (FAR) 36.204 the magnitude of this construction project is less than $25,000.

D. Information and requirements stated in sections "B" through "J" & attachments noted in section "J" apply to this solicitation and the subsequent contract. Refer to section "L" for quote submittal requirements.

E. Prospective contractors must be registered and active in the System for Award Management located at www.sam.gov. PROSPECTIVE CONTRACTORS MUST STATE, CERTIFY, OR

DOCUMENT THEIR SOCIOECONOMIC STATUS IN THEIR QUOTE.

F. All questions regarding this solicitation must be submitted via email to amanda.somerville@usda.gov no later than 3pm (CT) on June 19, 2024.

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

6/27/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

SEA STONEVILLE MS LOCATION SUPPORT

141 EXPERIMENT STATION ROAD

STONEVILLE MS 38776

ARS-124M55

SHALUNDA S. MIX

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12405B24Q0223

0001 1 EA

Delivery: 08/30/2024

Delivery Location Code: ARS-124M55

SEA STONEVILLE MS LOCATION SUPPORT

141 EXPERIMENT STATION ROAD

STONEVILLE MS 38776 US

Period of Performance: 07/08/2024 to 09/30/2024

Remove and Replace Awning/Canopy at Building 16, Stoneville, MS, in accordance with Statement of Work.

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

12405B24Q0223 – Replace Awning, Stoneville, MS Page 4 of 43

SECTION B – SUPPLIES AND SERVICEDS AND PRICE/COST

B.1 Schedule of Items

Item No. Description Price/Cost

0001 Remove and Replace Awning on $_________________ Building 16

Round to the nearest dollar, do not use cents.

CONTRACTOR Unique Entity ID (UEI): ____________________________

B.2 Period of Performance To be completed sixty (60) days from the date of the Notice to Proceed (NTP).

End of this section

12405B24Q0223 – Replace Awning, Stoneville, MS Page 5 of 43

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 DESCRIPTION OF WORK.

The work required consists of replacement in kind of the damaged 24’x8’ awning on the north side of building 16. Contractor services must be performed by a licensed Contractor.

The project is located at the Agricultural Research Services’, Southeast Area Office, Jamie Whitten Delta States Research Center (JWDSRC), 141 Experiment Station Road, Stoneville, Mississippi.

The Statement of Work and related photographs are attached and incorporated herein by reference. Refer to Attachment 1, Section J.

C.2 DIRECTIVES, INSTRUCTIONS AND REFERENCES.

Only the Contracting Officer will issue directives/instructions defining the roles and responsibilities and appointment of a Contracting Officer Representative (COR, Administrative Officer (AO), Engineering Project Manager (EPM), and/or any other functional appointment as deemed necessary for the scope of work.

C.3 WORK MANAGEMENT.

The Contractor must manage the total work effort associated with the services required 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 must provide a staff with the necessary management expertise to assure performance objectives and standards are met.

C.4 MATERIALS AND EQUIPMENT.

Materials and equipment may not be stored at the jobsite lay down area after work hours unless approved in advance by the Contracting Officer. There will not be office space available at any location. All jobsite lay down areas are dependent upon the size and location of the work. Jobsite availability will be identified in the Scope of Work.

C.5 SERVICE INTERRUPTIONS/UTILITY OUTAGES.

If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor must notify the COR ten (10) calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor must notify the COR 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

12405B24Q0223 – Replace Awning, Stoneville, MS Page 6 of 43 protection. No work will be performed on energized electrical circuits unless proof is provided that no other means exist.

C.6 EMPLOYEE REQUIREMENTS.

The Contractor must provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel must be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel must be provided as required by each contract.

C.7 OSHA.

Contractor must maintain a workplace and ensure that workplace conditions conform to applicable OSHA standards.

C.8 EMPLOYEE CONDUCT/REMOVAL OF EMPLOYEES.

Contractor employees and subcontractor employees must conduct themselves in a proper, efficient, courteous, and businesslike manner. The Contractor must 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.

The Contracting Officer’s decision is final and not negotiable.

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SECTION D – PACKAGING AND MARKING

No clauses for this section for this solicitation.

12405B24Q0223 – Replace Awning, Stoneville, MS Page 8 of 43

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov.

Federal Acquisition Regulation (FAR) 52.246-12 Inspection of Construction. (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

E.2 AGAR 452.246-70 Inspection and Acceptance. (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 location of the project. Acceptance will be performed at: the location of the project.

E.3 Final Inspection.

(a) A final inspection will be conducted 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 re-inspection when material and workmanship are not ready at the time specified by the Government for project inspection.

(b) Contractor must 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 re-performance of any unsatisfactory work necessary for final acceptance. This notification must 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 will notify the Contractor of such in writing by processing the final payment for the project.

http://www.acquisition.gov/

12405B24Q0223 – Replace Awning, Stoneville, MS Page 9 of 43

(d) Acceptance will 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.4 Final Acceptance.

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

12405B24Q0223 – Replace Awning, Stoneville, MS Page 10 of 43

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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 http://www.acquisition.gov

52.236-15 Schedules for Construction Contracts. (APR 1984) 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 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the contract,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 90 days from receipt of award. The time stated for completion shall include final cleanup of the premises.

12405B24Q0223 – Replace Awning, Stoneville, MS Page 11 of 43

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Designation of Contracting Officer's Representative A Contracting Officer's Representative (COR) will be designated after 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 contract 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.

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

12405B24Q0223 – Replace Awning, Stoneville, MS Page 12 of 43

c. 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 the contract (if required), one (1) set of paper specifications, one (1) print and one (1) 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 must define the construction actually provided. Representation of such variation must conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor must stamp the term RECORD DOCUMENTS, date and sign all plastic reproducible, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints must be subject to approval by the Contracting Officer with the recommended approval of the Area Office Engineer.

G.4 Release from Claims.

The Contractor must 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 must provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The proposal must 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 must 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);

12405B24Q0223 – Replace Awning, Stoneville, MS Page 13 of 43

(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 must also be shown.

c) If the proposed change will result in an increase or decrease in the contract performance period, the contractor must 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) Section 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 $__________________

12405B24Q0223 – Replace Awning, Stoneville, MS Page 14 of 43

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. Prime’s Work (from line 9) $__________________

22. Subcontractor’s Work (from line 20) $__________________

23. SUBTOTAL (add lines 21-22) $__________________

24. Prime’s Overhead on Subcontractor _____% of line 16 $__________________

25. Prime’s Profit _____% of line 18 $__________________

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 must submit an original invoice and one (1) copy to the Contracting Officer and the COR: The contractor must 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.

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(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 must submit the invoice electronically through the U.S. Department of Treasury Invoice Processing Platform (IPP) at www.ipp.gov. This is a mandatory requirement.

G.8 Contractor Performance Information and Contractor Performance Assessment Reporting System. (CPARS) (FAR 42.1502)

(a) General. Past performance evaluations will be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraph (b) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information will be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/

(b) Past performance evaluations will be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $750,000.

G.9 Invoices.

Invoices must be submitted to the attention of the Contracting Officer Representative who will forward them to the Contracting Officer. Invoices must 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 CONSTRUCTION WAGE RATES REQUIREMENT. 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 purchase order.

http://www.cpars.gov/

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Submittals and Shop Drawings.

(a) The Contractor must submit for approval (if required), 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 (1) set to the Contracting Officer's Representative (COR), one (1) set to the Engineering Project Manager (EPM), 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 must 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 must 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 must 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 must 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.2 Construction Progress and Payment Schedule.

Within fourteen (14) calendar days after the date of receipt of contract, the Contractor must prepare and submit to the Contracting Officer for approval and signature, a copy 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. No work may be performed onsite unless and until the ARS Form 371

12405B24Q0223 – Replace Awning, Stoneville, MS Page 17 of 43 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.

H.3 List of Materials.

(a) The Contractor must 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 will be final and finding upon the Contractor, and the work must 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 msut 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 must be new and of the best quality; must 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, must be the product of the same manufacturer, and those fulfilling the same requirements as to size and construction must 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 will rest with the Contractor. The Contracting Officer will be sole judge of paralleled quality.

H.4 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 must 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 must

12405B24Q0223 – Replace Awning, Stoneville, MS Page 18 of 43 have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter must be referred to the Contracting Officer.

H.5 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 must obtain the Contracting Officer’s written consent before making any substitution for these individuals or firms.

H.6 Biobased Products Requirements.

(a) 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.

(b) 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.

(c) The Contractor must 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 must 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).

(d)The following is an example list of products that may be used in this minor construction contract for which biobased products are available and the designated biobased content. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Adhesive and Mastic Removers – 58 percent Asphalt and Tar Removers - 80 percent Asphalt Restorers – 68 percent Carpet – 7 percent

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Carpet and Upholstery Cleaners – 54 percent Spot Removers – 7 percent Composite Panels – Acoustical – 37 percent Interior Panels – 55 percent Plastic Lumber – 23 percent Structural Interior Panels – 89 percent Structural Wall Panels – 94 percent Countertops and Solid Surface - 89 percent Concrete and Asphalt Cleaners – 70 percent Concrete and Asphalt Release Fluids – 87 percent Dust Suppressants – 85 percent Erosion Control Materials – 77 percent Floor Coverings (Non Carpet) – 91 percent General Purpose Cleaners - 54 percent Hand Soaps and Cleaners – 64 percent Industrial Cleaners – 41 percent Insulating Foam – 7 percent Leather, Vinyl, and Rubber Care Products – 55 percent Paint- Interior Paints and Coatings, Latex – 20 percent and Oil-based – 67 percent Paint Removers – 41 percent Roof Coatings – 20 percent Wastewater Systems Coatings –47 percent

(e) Reporting is required by Sections 9002 of the Food Conservation and Energy Act of 2008 and the Agricultural Act of 2014. The Contractor must provide quantities, product types and dollar value of any USDA-designated biobased product purchased by the Contractor. This important data must be submitted to the COR for the current quarter and current contract year. A brief explanation must include the methodology used to calculate the dollar value of USDA designated products used or supplied.

(f) The Contractor should also note that USDA-designated biobased products are available for purchase through the AbilityOne Program (formerly known as the Javits- Wagner-O’Day (JWOD) Program). Under this program, members of organizations including the National Industries for the Blind (NIB) and the National Institute for the Severely Disabled (SourceAmerica) offer products and services that are mandatory by Federal agencies. A search of the AbilityOne Program’s online catalog (www.ability.gov) indicated biobased products that include but are not limited to: cleaners (glass, hand, and multipurpose), graffiti removers, and sorbents.

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SECTION I – CONTRACT CLAUSES

I.1 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 http://www.acquisition.gov

52.203-14 Display of Hotline Poster(s). (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (MAY 2024) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) 52.219-8 Utilization of Small Business Concerns. (FEB 2024) 52.219-28 Post-Award Small Business Program Rerepresentation. (FEB 2024) 52.222-3 Convict Labor. (JUN 2023) 52.222-6 Construction Wage Rate Requirements. (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1998) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination-Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1998) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2015)

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52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2020) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (MAY 2024) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-23 Sustainable Products and Services. (MAY 2024) 52.225-9 Buy American-Construction Materials. (OCT 2022) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.226-7 Drug-Free Workplace. (MAY 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024) 52.227-4 Patent Indemnity-Construction Contracts. (DEC 2007) 52.228-5 Insurance-Work on a Government Installation. (JAN 1997) 52.228-11 Individual Surety—Pledge of Assets. (FEB 2021) 52.228-12 Prospective Subcontractor Requests for Bonds. (DEC 2022) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds-Construction. (JUN 2020) 52.229-2 North Carolina State and Local Sales and Use Tax. (APR 1984) 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984)

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52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 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) 52.243-4 Changes. (JUN 2007) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.246-12 Inspection of Construction. (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994) 52.253-1 Computer Generated Forms. (JAN 1991)

Agriculture Acquisition Regulation (AGAR) 452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statement of Work/Specifications. (FEB 1988)

452.228-71 Insurance Coverage. Alt 1 (NOV 1996) 452.232-70 Reimbursement for Bond Premiums-Fixed-Price Construction Contracts.

(NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution. (FEB 1988)

Note: In addition to the requirements of FAR 52.223-2; The Contractor must 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@dm.usda.gov Phone: 202-401-4747

• Biobased reporting must completed by following the instructions provided in the System for Award Management (SAM).

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I.2 452.236-75 Maximum Workweek – Construction Schedule. (NOV 1996) Within ten (10) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

(c) The maximum workweek that will be approved is 7:00 a.m. to 4:00 p.m., Mon. thru Fri., excluding Federal holidays.

(1) SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has been issued for the area in which construction is being performed, the contractor shall immediately take 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.

(2) WORK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, a written request must be submitted to the CO/COR five (5) working days in advance to allow ample time for approval or disapproval and to enable satisfactory arrangements to be made for security, safety, and inspecting the work progress. In cases where the contractor receives approval to work outside of normal working hours for his convenience, 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.

I.3 452.237-74 Key Personnel. (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 fifteen

(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 fifteen (15) days prior to making any permanent substitutions.

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(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 fifteen (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.

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SECTION J – LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

ATTACHMENT NO. TITLE

Attachment 1 Statement of Work (SOW) Attachment 2 Davis-Bacon Act Wage Determination Attachment 3 ARS-371 Attachment 4 ARS-372

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SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 Annual Representations and Certifications. (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220 Plumbing, Heating, and Air-Conditioning Contractors.

(2) The small business size standard is $19.0 million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

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(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.

This provision applies to all solicitations.

(vii)…