RFP_12467019R0025.rtf

CONTINUATION SHEET

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

US FOREST SAVANNAH RIVER SITE

See Attachment 1 for the schedule of items.

Overall Minimum Guarantee is: $10,000.00 Overall Single Maximum Order allowed under each ID/Q contract is: $150,000.00 Total Aggregate Maximum of each ID/IQ contract is: $600,000.00

It is estimated that most task orders will be under $25,000.00

Base Period - Date of Award or May 1, 2019 whichever is later through April 30, 2020 Option Period One (1) – May 1, 2020 through April 30, 2021 Option Period Two (2) – May 1, 2021 through April 30, 2022

FAR 36.204 Disclosure of the magnitude of construction projects

Between $500,000 and $1,000,000.00

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GENERAL INFORMATION

The US Forest Service is soliciting for construction services for the maintenance and construction of fencing on the Savannah River Site.

This solicitation will result in a single award of an indefinite delivery/indefinite quantity task order contracts with one base period and two option years that may be exercised at the discretion of the Government. The guaranteed minimum amount for each awarded contract, inclusive of the base and all option periods, will be $10,000. Orders issued by the Government will include complete specifications and drawings (if needed) for the work required. The type of work will vary per task order.

Price range for each task order shall be between $1,000 and $150,000. The awarded contract shall not exceed $600,000 over the base period and two option years.

PRE-PROPOSAL CONFERENCES

Date: Weds April 3, 2018 Time: 9:30 a.m. local time Location: Bldg 760G Conference Room, 1 mile inside the Aiken Barricade See Attachment 7 for instructions

PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

This section provides general guidance for preparing proposals. Proposals must include all data and information requested by this solicitation and must be submitted and conducted in strict accordance with these instructions and instructions in Section L.

1. Offerors shall submit original and one copy of a Business Proposal. This will include:

2. Offerors shall submit original and one copy of a Technical Proposal. This will consist of a completed Experience Questionnaire (attachment 4). Do not include pricing information in your technical proposal. When listing experience, show only your work most relevant to this solicitation. (See Section M for description of relevant work).

The technical and business proposals for the award of the basic IDIQ contract(s) will be evaluated based on information relative to both the overall Scope of Contract, and information presented for the representative task order. The evaluation criteria are described in Section M.

Offerors lacking recent and relevant present/past performance experience may submit information regarding key personnel who have recent and relevant experience. In this case, offerors shall provide the following information, as a minimum, to allow the government to conduct a past performance evaluation for those key personnel cited by the offeror:

a) Name of Key Personnel

b) Complete Address

c) Telephone Number

d) Brief synopsis of relevant experience (a resume may be submitted)

SECTION C – DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

PURPOSE

The USDA Forest Service, Savannah River Site has a requirement to award an Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract to a single contractor contractors who offer the best value to the Government for construction and Maintenance of fencing. The Savannah River Site is approximately 10 miles east of Aiken, SC.

See Attachments 2, 3, and 4.

PLACE OF PERFORMANCE AND HOURS OF OPERATION

Normal operational hours are approximately from 07:00 am to 4:30 PM Easter Standard Time, Monday through Friday.

Emergency services may be performed as required after normal business hours stated above or during the following Federal Holidays:

New Year’s Day – January 1st Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

CONTINUITY OF FACILITIES OPERATION AND HOURS OF OPERATION

Schedule all work to minimize interference with any on-site personnel and the facilities normal operations. Notify the Contracting Officer and Contracting Officer’s Representative within 48 hours in advance of any shutdowns. The contractor shall coordinate with the Contracting Officer’s Representative to make all appropriate notifications to residents of building and recreation areas of any anticipated utility outages. The Contractor shall prepare a written response indicating a safety plan, fire protection plan and all other construction scheduling coordination. Perform all on-site work between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

SITE MANAGEMENT

Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment and materials on a daily basis. Maintain site free of hazards at all times. Occupancy access shall be negotiated on a project specific basis. Maintain the level of access provided to the facility through the project duration if tenant occupancy is retained. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in according with EPA standards as needed. Historical and/or archeological issues shall be addressed as needed.

NOTIFICATION OF START AND COMPLETION OF WORK

For each Task Order under $35,000, the Contractor will start work within 5 calendar days of award. For each Task Order over $35,000, the work will begin 15 days after award to allow the contractor to secure the appropriate payment bond.

RECYCLING AND DISPOSAL OF REFUSE

A waste management plan shall be established for each Task Order. The intent of this plan will be to recycle, reuse or salvage at least 75% of the waste materials (excluding native vegetative and soil debris) to regulated disposal areas unless otherwise described in the task order. With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government; all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor (excluding native vegetative and soil debris) and shall be recycled and/or disposed of as required in the Task Order. All disposals shall be in accordance with federal, state, and local laws and regulations as per Task Order. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

SAFETY

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements Manual”, Sept 15 2008 (free online) whichever is more stringent.

Additional safety requirements are contained in Section H of the solicitation. Smoking will not be permitted in any building or structure. Fire precautions to prevent wildfire may be included in each Task Order or initiated when weather and site conditions pose a significant opportunity for ignition of wildfire.

TEMPORARY FACILITIES

STAGING AREA: The Contracting Officer’s Representative shall arrange the location for exterior stockpiling of materials per Task Order location or by COR direction. . The Government will provide adequate staging area as close to the Task Order site as practicable.

In most cases, the Government will not provide any secured storage/staging areas for the Contractor. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

SANITARY FACILITIES: Toilet facilities will not be provided by the Government at Task Order sites unless specifically identified in the Task Order.

WATER, AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor, depending on the location and as negotiated on individual Task Orders. Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work.

TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone or wireless access may or may not be available at the Task Order sites.

EXISTING UTILITIES

The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

SPECIFICATIONS

The work shall conform to these specifications and any supplemental specifications and/or scope of work issued in conjunction with each individual Task Order. All work shall be performed in compliance with the most recent International Building Code (IBC), Uniform Plumbing Code (UPC), International Mechanical Code (IMC), National Electric Code (NEC), National Fire Protection Association (NFPA), the International Fire Code (IFC), United States Nuclear Regulatory Commission (NRC)(when applicable) and the Occupational Safety and Health Administration (OSHA) regulations.

DRAWINGS

The work shall conform to the drawings when provided with a Task Order.

CONSTRUCTION SCHEDULE/VALUES

For all task Orders exceeding 60 Calendar days; within one (1) week after approval or award of Task Order, the Contractor shall prepare a construction schedule of activities indicating labor, materials and activity proposed for each day. A schedule of values linking the payment items to the Construction Schedule shall be prepared for each task. This spreadsheet shall describe multiple activities being proposed from start to finish of the project and show construction work completion in %.

The construction schedule shall define the overall time required to perform the identified work. This time schedule shall determine the overall level of effort by discipline for the task. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Task Construction Schedule. Submit any requests to modify the Construction Schedule, in writing to the Contracting Officer with an explanation for the deviation.

TASK ORDER QUALITY CONTROL PLAN

The contractor shall maintain a Quality Control Plan for any Task Order exceeding $25,000. The plan should identify each major task to be performed. For each major task the plan should identify a quality standard that can be used to determine that the task has been successfully accomplished in full compliance with the requirements of this contract. For larger projects the plan may require periodic inspections, tests, or certifications.

This quality control plan shall be formatted with the construction schedule and shall include:

A complete description of the work task.

An explanation of the completion of the line item of work and what constitutes actual completion requirements.

Procedures to inspection of work.

The proposed Task Order Quality Control Plan shall be signed by the Project Site Superintendent prior to being submitted for review and approval. At the completion of the Task Order the Plan should be signed by the Project Site Superintendent and submitted with the Task Order Invoice. See section G.3 for requirements for submittal of the Task Order Quality Control Plan with requests for payments.

PERMITS AND CERTIFICATES

Submit copies of all permits and certificates as required by the Task Order. Where permits are required they will be reimbursed as identified in Section B.

HAZARDOUS MATERIAL IDENTIFICATION

Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two (2) copies of each MSDS shall be submitted to the Contracting Officer no later than the delivery date of the product.

PROJECT MANAGER

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. S/he shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer is required.

SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters pertaining to individual Task Orders under this contract including, but not limited to construction, day- to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. S/he shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours.

It is expected that this individual will be available on site for at least three (3) hours per workday unless otherwise indicated in Task Order. The skills and qualifications of the designated site superintendent for each Task Order will be part of each Task Order submittal and negotiations. The site superintendent shall be responsible for on-site Quality Control and shall sign all Task Order submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

Executed Task Order (Task Order Request, Price Proposal)

Contract Drawings Contract Specifications Quality Control Plan – (up to date) As-Built Drawing – (up to date) if required Task Orders Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent. The Contracting Officer shall be invited to participate in the review.

IDIQ ORDERING PROCEDURES

Description of Agreement The contractor shall furnish the products/services as required in the SOW, if and when requested by the Contracting Officer (CO) as specified in the individual Task Orders.

ID/IQ Period of Performance (Anticipated)

Base Period - Date of Award or May 1, 2019 whichever is later through April 30, 2020 Option Period One (1) – May 1, 2020 through April 30, 2021 Option Period Two (2) – May 1, 2021 through April 30, 2022

Individual Task Orders will have individual Period of Performances determined at time of award.

Pricing

The pricing shall be determined on Task Order basis.

Extent of Obligation

The IDIQ Contract does not obligate any funds. Funds will be obligated on individual USDA – FS – Task Orders.

Purchase Limitation

Each individual Task Order maximum is $150,000.00. The minimum purchase limit shall be $2,000.00.

Individuals Authorized to purchase under the ID/IQ

Only a warranted CO/PA assigned to Region 8 AQM - is authorized to issue Task Orders under this IDIQ.

Delivery

Delivery/Completion shall be in accordance with the individual USDA – FS and conditions listed in Task Order.

Administration

R8 AQM is the only organizational element under the USDA authorized to place Task Orders under this ID/IQ Contract, and is responsible for all administration and overall concerns.

Ordering Procedures

Task Orders will be developed and may be issued unilaterally or bilateral using the unit prices in the schedule of items.

Order of Precedence

All the terms and conditions of the base ID/IQ will be incorporated and apply to all resulting Task Orders. In the event of an inconsistency between the provisions of a specific Task Order, the provisions of the contractor ID/IQ will take precedence unless otherwise determined by the CO. All disputes regarding the individual Task Orders are to be referred to the ID/IQ CO.

BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 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.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

Ensuring adequacy of schedule and Quality Control Plan, including changes;

Ordering re-performance of unacceptable work or performance by other mean, etc.

Point-of-Contact (POC): The POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on- site administration of the contract requirements.

WAGE DETERMINATIONS

All Applicable Construction (Davis-Bacon) Wage Determinations for the statSouth Carolina shall apply throughout life of ID/IQ contract, including any additions and/or updates issued by the Department of Labor. Specific Davis-Bacon Wage Determinations shall be applied and applicable for each year of the contract.

SECTION D—PACKAGING AND MARKING

{For this Contract, there are NO clauses in this Section}

SECTION E—INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

FULL-TEXT CLAUSES

452.246-70 INSPECTION AND ACCEPTANCE--ALTERNATE I (FEB 1988)

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.

Inspection will be performed at the project site identified on each task order.

(End of clause)

SECTION F—DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of each ID/IQ contract is from date of contract award for a base period of one (1) year with four (4) one-year option periods for a total duration of five (5) years through March 31, 2023, or whenever maximum contract value is reached, whichever comes first.

Period of Performance for individual Task Order’s will be determined at Task Order Level.

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

Within (To be determined in the task order documents) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) - ALTERNATE I (APR 1984)

The Contractor shall be required to:

commence work under this contract within [Information to be provided with each Task Order as applicable] calendar days after the date the Contractor receives the notice to proceed, prosecute the work diligently, and complete the entire work ready for use not later than [Information to be provided with each Task Order as applicable]. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by [Information to be provided with each Task Order as applicable]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

FAR 52.211-13 TIME EXTENSIONS (SEPT 2000)

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

(End of clause)

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

SECTION G—CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror(s) will be scheduled if required by the Contracting Officer. It will be scheduled as soon as possible after the date of the base ID/IQ Contract Award, and may be required after each Task Order award. All dates and locations of the conference will be mutually agreed upon, and may be held via teleconference or onsite.

PRE-WORK MEETING

Prior to commencement of work, the CO or COR and/or POC will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. A work progress schedule will be developed at this meeting.

DESIGNATION OF CONTRACTOR REPRESENTATIVE

Prior to commencement of work, preferably at the pre-work conference, the Contractor shall designate in writing a person to act for him in his absence. The Contractor or the designated representative shall be on the job whenever work is in progress. In the absence of the Contractor, the authorized representative will take action as required to keep the job in progress under the terms of the contract. The presence of the Contractor’s Representative or Contracting Officer’s Representative on the job will not relieve the Contractor of responsibility for satisfactory performance.

DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR) AND/OR POINT-OF- CONTACT (POC)

The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the Task Order. The name will be designated on a letter or form.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

Approve Change Orders and Modifications

Take action to terminate the contract for default or Government convenience.

Make contract adjustments under the Differing Site Conditions clause.

Grant extensions of contract time.

Approve assignment of claims.

Make final decisions under the Disputes clause.

Make final acceptance under the contract.

Make final decisions under the Suspension of Work clause.

Make equitable adjustments.

Authorize change in amount of Payment Retention.

Approve subcontractors.

Approve payments with deductions or final payment.

Approve use and possession prior to completion.

Enforce the warranty provisions.

Issue any direction that would result in a possible change to contract requirements.

The POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on-site administration of the contract requirements.

The POC is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the CO prior to completion of the contract.

The CO should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the OCO provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the CO. Whenever, in the opinion of the Contractor, the POC requests effort outside the scope of the contract, the Contractor should so advise the CO. If the POC persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The POC has limited authority under this contract and responsibilities may include, but are not limited to:

Ensuring adequacy of schedule and Quality Control Plan, including changes;

Ordering re-performance of unacceptable work or performance by other means, etc.

Approval or invoices and submitted reports Requesting any the work contained within specific Task Order’s

ADMINISTRATIVE CONTRACTING OFFICE

Base ID/IQ:

USDA FOREST SERVICE,

ATTN: MARK J MILLER, CONTRACTING OFFICER

4931 BROAD RIVER ROAD

COLUMBIA, SC 29210

markjmiller@fs.fed.us

Task Orders – defined at Task Order level.

SYSTEM FOR AWARD MANAGEMENT (SAM)

The General Service Administration (GSA) Office of Government wide Policy is consolidating the government wide acquisition and award support systems into one new system – the System for Award Management (SAM). SAM is streamlining processes, eliminating the need to enter the same data multiple times, and consolidating hosting to make the process of doing business with the government more efficient.

The Entity Management functional area of SAM, formerly Central Contractor Registration (CCR), Online Representations and Certifications (ORCA), and Federal Agency Registration (FedReg), is the primary database for the U.S. Federal Government to manage information on potential government business partners or federal financial assistance recipients.

If you have previously registered your entity in CCR, ORCA, or FedReg all of your entity’s information has been brought into SAM. You just need to set up a SAM account, migrate your roles and update/renew your entity record in SAM as needed. See the following website https://www.sam.gov/portal/public/SAM/ for more information and assistance on registering your entity in SAM. In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, System for Award Management.

INVOICES

Invoices shall be submitted in arrears, no advance payments shall be authorized. Unless otherwise noted on the individual Task Orders, contractors shall submit invoices for payment as follows:

If the work performance period cited in the individual Task Order is 30 days or less the contractor shall submit an invoice to the government at the end of the performance period. No partial payments will be authorized.

If the work performance period cited in the individual Task Order is greater than 30 days partial payments may be authorized on a monthly basis and upon completion of the ordered work, or at other intervals approved by the Contracting Officer.

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment.

A proper invoice includes:

Name and address of the Contractor

Invoice date and invoice number Contract/order number Taxpayer Identification Number (TIN) Description, quantity, unit of measure, unit price, and extended price

The invoice must contain specific information as listed above or the invoice shall be returned to the contractor within seven days after receipt, noting reasons why it is not a proper invoice. The agency payment office will no longer “hold” or “pen and ink” the invoice in an attempt to correct it. The contractor must correct and resubmit the invoice through IPP.

INVOICE SUBMITTALS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project. Benefits of registering with IPP include the ability to create invoices directly from a contract award and submit them electronically, as well as:

email notification when invoice(s) are paid online payment history email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For all questions related to IPP registration and issues with submitting invoices, please contact IPP Customer Support at 1 (866) 973-3131.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) –

(Applies to Base ID/IQ contracts only)

In accordance with FAR 42.1502 – Past performance evaluation shall be prepared at least annually and at the time the work under a contract or order is completed for each contract and/or order that exceeds the simplified acquisition threshold (SAT). This includes any contract and/or order that is below the SAT and is modified, which results in the contract exceeding the SAT.

FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Agriculture (USDA) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 60 calendar days after receipt of the CPAR.

The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

Contractors must register at the following websites: CPARS: http://www.cpars.csd.disa.mil/ PPIRS: http://www.ppirs.gov/

Claims to the CO. This release of claims is due within fifteen (15) calendar days of final payment.

BIOBASED REPORTING REQUIREMENTS

Pursuant to a legislative mandate in the 2008 Farm Bill, prime contractors are required to report the category of product, type of product, and dollar value of all USDA designated biobased products that were purchased in the performance of federal contracts. Federal contractors are required to report annual biobased product purchases made under their service and construction contracts. Based on the Federal Acquisition Regulation (FAR) Clause 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management (SAM) at http://www.sam.gov.

If a contract contains FAR Clause 52.223-2, the contractor must report all biobased purchases through SAM.

The Reporting Requirement(s):

The reporting requirement became effective September 3, 2013;

To Meet the Requirement(s) Contractors must:

Access http://www.sam.gov;

Complete the required information within the portal and provide documentation to the Contracting Officer;

If the applicable contract is not accessible in SAM, the contractor should contact their Contracting Officer.

Actions that may be taken to Meet Reporting Requirement(s) by Contracting Officer:

Require a copy of the reporting data from the Contractor as required in FAR Clause 52.223-2;

SECTION H—SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE ITEMS

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within time stated in Task Order after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

(End of clause)

SPECIAL CLAUSE 2: KEY PERSONNEL

The Contractor shall assign to this contract the following key personnel: Project Manager and/or Site Forman/Superintendent or equivalent positions

During the first 30 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 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 7 calendar days prior to making any permanent substitutions.

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 7 calendar days after receipt of all required information of the decision on substitutions.

SPECIAL CLAUSE 3: RELEASE OF CLAIMS

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (USDA Procurement Advisory 93A, Appendix D) shall be used for this purpose.

(End of clause)

SPECIAL CLAUSE 4: REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical, verbal, and/or emotional abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer (CO) and the Contracting Officer’s Representation (COR) within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any arrest or conviction of a sex crime, an offense involving a child victim or drug felony, assault felony, or any other violence related crimes will be grounds for denying employment or for dismissal of an employee in any position. Any Arrest or Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the CO and agency involved.

AGAR 452.228-71 INSURANCE COVERAGE (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:

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.

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

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 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.

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.

PART II--CONTRACT CLAUSES SECTION I--CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

USDA Acquisition Regulations (AGAR)

452.211-72 Statement of Work/Specifications

FEB 1988

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

NOV 1996

452.236-76 Samples and Certificates

FE…