RFP 12805B20R0013 for Fort Collins Solar Farm Project (Revised with New Due Date - Clauses and Provisions).pdf

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SOLICITATION 12805B20R0013

USDA ARS Fort Collins, CO Research Farm

PHOTOVOLTAIC SYSTEM

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items Clauses C - SECTION C - Description/Specifications/Statement of Work Clauses D - SECTION D - Packaging and Marking Clauses E - SECTION E - Inspection and Acceptance Clauses F - SECTION F - Deliveries or Performance Clauses G - SECTION G - Contract Administration Data Clauses H - SECTION H - Special Contract Requirements Clauses I - SECTION I - Contract Clauses/Provisions Clauses/Provisions J - SECTION J - List of Documents, Exhibits, and Other Attachments Provisions L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents Provisions M - SECTION M - Evaluation Factors for Award

PHOTOVOLTAIC SYSTEM

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items Clauses

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all labor, materials, equipment, supplies, transportation, utilities, and supervision for complete construction of the following in accordance with the clauses, specifications, drawings, attachments, and other terms and conditions set forth herein:

B.2 SCHEDULE OF ITEMS

CLIN # Description Price/Cost

0001 Full Design and Construction of onsite Photovoltaic (PV) systems $__________________

B.3 PERFORMANCE TIME

Base Item: 365 calendar days after Notice to Proceed is issued.

End of this section

PHOTOVOLTAIC SYSTEM

C - SECTION C - Description/Specifications/Statement of Work

C.1 General Intention:

C.1.1 The United States Department of Agriculture (USDA), Agricultural Research Service (ARS) intends to enter into a firm fixed-price contract with a single Contractor for the FORT COLLINS RESEARCH FARM PHOTOVOLTAIC SYSTEM project located at 5021 E County Road 58, Ft Collins CO 80524-9327. The site has two Federally owned metal buildings of approximately 10,000 Square Feet each. There are two Electric revenue meters, one for the two buildings and one for fire protection equipment. The two buildings shall be served by the same array of roof mounted solar panels located on the roof of Building #1 and connected to Public Service Company of Colorado (Xcel) account # 53- 3089304. Refer to Section C.4 for more information about the location made available for the solar array at the Fort Collins Research Farm. The two buildings at the site are identified below:

Structure Name Building ID Shared Facility - Building #1 540202B058 Equipment Storage Building 540202B059

Bid responses will be evaluated partly based on achieving net zero electricity for the site. See Section M “Selection Criteria.” Final designs will be approved by USDA-ARS managers. Designs may be submitted to Colorado State University for review.

The Contractor, at its own expense, shall furnish all engineering, design, construction, personnel, supervision, facilities, permitting, materials, equipment, transportation, supplies, interconnection impact studies needed, and services necessary to install the on-site solar PV system capable of performing the requirements of this Statement of Work (SOW) “Section C” and in accordance with all solicitation and contract terms and conditions provided therein over the life of the contract period.

This solicitation uses FAR Part 12 Acquisition of Commercial Items and Part 36 – Construction and Architect Engineer Contracts. This solicitation is issued on a restricted for Total Small Business Set-Aside (SBSA). The North American Industry Classification System (NAICS) code for this procurement is 221114, Solar Electric Power Generation. Your company must be registered and active in the System for Award Management, found at www.sam.gov, as a Small Business under the proper NAICS code (221114) on your SAM certification.

Under this Contract, the Contractor shall provide, design, install, commission and interconnect solar photovoltaic arrays necessary to deliver a guaranteed minimum annual kWh. As described in Section C.8.1, the Weather Corrected Performance Ratio shall be used to calculate system performance.

C.1.2 Work Location: 5021 E County Road 58, Ft Collins CO 80524-9327

C.2 Description of work:

The USDA-Agricultural Research Service seeks to install solar PV systems at 5021 E County Road 58, Ft Collins CO 80524-9327. The solar array is to be installed on the roof of Shared Facility - Building #1 and serve buildings #1 and #2 through existing electrical circuits.

Contractor shall provide all labor, material, equipment, engineering, maintenance and capital to design, install, commission, and interconnect solar photovoltaic systems as required herein.

Contractor is responsible for all permits, approvals, environmental and historic compliance, freight, procurement, monitoring, inspection, billing, interconnection fees, and incidentals as necessary to design, construct, and interconnect all the complete solar photovoltaic generation systems, described hereinafter.

The Contractor shall confine systems to the footprint defined in Section C, unless the Contracting Officer gives written permission to exceed such footprints. Section C.4 shows a map of the array location.

The Contractor is responsible for ascertaining relevant site conditions in order to verify project feasibility and for determining appropriate system size.

PHOTOVOLTAIC SYSTEM

The Government is interested in meeting renewable energy policy goals, so system production is of the essence beyond possible financial savings.

Design and construction of onsite Photovoltaic (PV) systems located at 5021 E County Road 58, Ft Collins CO 80524-9327. The site has two Federally owned metal buildings of approximately 10,000 Square Feet each. There are two Electric revenue meters, one for the two buildings and one for fire protection equipment.

The two buildings shall be served by the same array of roof mounted solar panels located on the roof of Building #1 and connected to Public Service Company of Colorado (Xcel) account # 53-3089304

C.2.1 Bonding.

For any award between $35,000 and $150,000 (FAR 28.102-2 (2)(c)) a Payment Bond will be required – SF-25A form available from GSA website in Section J. Payment for bond premiums in accordance with Clause 52.232-5, Payment under Fixed-Price construction contracts, shall not be in addition to the contract price. Proof of ability to obtain a payment bond is a required part of the proposal submission. For any award exceeding $150,000, Payment Security shall be provided in accordance with Clause 52.228-15.

C.2.2 Permits and Licenses.

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

C.2.3 Directives, Instructions and References Only the Contracting Officer shall issue directives/instructions defining the roles and responsibilities and appointment of a Contracting Officer Representative (COR); Location Monitor (LM); Project Manager (PM); Occupational Health & Safety Manager and/or any other functional appointment as deemed necessary for the scope of work.

C.2.4 The Contractor shall 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 shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

The Contracting Officer may at any time require Samples, Material Safety Data Sheets (MSDS) or Manufacturer’s Data Cut Sheets of Materials used in this contract.

C.2.5 Management The Contractor shall 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 shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

C.2.6 Service Interruptions/Utility Outages If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer Representative ten calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor shall notify the Contracting Officer Representative as soon as practicable.

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

C.2.7 Key Personnel The Contractor shall confirm to the Contracting Officer the List of Key Personnel and their qualifications provided as part of the proposal. The contractor will provide any additional information requested by the

PHOTOVOLTAIC SYSTEM

Contracting Officer to certify their qualifications.

C.2.8 Employee Requirements The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required.

C.2.8.1 OSHA training requirements shall be strictly enforced prior to the commencement of work. The job superintendent must be an OSHA certified “competent person” with 30 hours of training and all other employees working on the project must have a minimum of 10 hours of OSHA training.

C.2.8.2 The job superintendent/OSHA certified competent person needs to be on site at all times when work is being done.

C.2.8.3 Employee Conduct Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

C.2.8.4 Employee Appearance The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn. All Contractor/subcontractor employees working under this contract shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment. Employee identification shall not be substituted for required passes or badges.

C.2.8.5 Removal of Employees The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of Agricultural Research Service.

C.3 BioPreferred requirements The Contractor must comply with Sections 9002 of the Farm Security and Rural Investment Act of 2002; the Food Conservation and Energy Act of 2008; and the Agricultural Act of 2014; and the Federal Acquisition Regulation to provide biobased products. The Contractor shall also comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts contained in Section I. The Contractor shall also comply with the provision at FAR 52.223-1, Biobased Product Certification contained in Section K.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased erosion control materials, biobased composite panels, biobased roof coatings, biobased insulating foam, biobased interior paints and coatings, and biobased wood and concrete sealers). All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

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 Carpet and Upholstery Cleaners – 54 percent and 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 and Countertops and Solid Surface -_ 89 percent Concrete and Asphalt Cleaners – 70 percent Concrete and Asphalt Release Fluids – 87 percent Dust Suppressants – 85 percent

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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 Water Tank Coatings – 59 percent Wood and Concrete Sealers – Membrane Concrete Sealers- 11 percent and Penetrating Liquids – 79 percent Wood and Concrete Stains – 39 percent

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

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.

C.4 Tools And Equipment.

This is a representative listing of tools and equipment that apply to the various trades. These items are indicative of, but not limited to, those that the Contractor is expected to provide as part of normal overhead cost.

Airlines (drop line) All hand tools Awl Axes Brushes Barricades, Safety Bolt cutters Barrier tape Broom Cable cutters Cable pulling equipment (handheld) Cable pullers/Hoist (handheld) Can Opener Caulking/Yarning Irons Calking Gun Chalk line Chain Saw Chisels Clamps Cleaning Equipment (handheld) Compressor (sized as required to run tools) Conduit bender Crow Bars Dividers

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Drift Pins Drill, pneumatic Drill, pneumatic bits (up to 1 ¼ dia.)

Drill, Motors (handheld) Drill, Bits Drill, Hole Saw Drill, Rotary hammer (up to 1 ¼ dia.)

Extension Cords Files Fish tapes Gloves Flashlights Floats (handheld) Groover, Pipe (handheld) Hacksaws Hot Tap (handheld) Hammers, hand Hammers, chipping Hammer, Jack Industrial Vacuum and HEPA Vac Jack, Hydraulic (12 tons or less) Knives Ladders (step to 12’ and extension to 24’) Lead Pot and Ladle Levels Levels, Builders Level, laser Lighting, Temporary (up to 6 each) Nailer, Pneumatic Nail Sets Picks Planes (handheld) Planes, Electric (handheld) Pliers Power Actuated Fastening Tools Plumb Bob Pot Hook Personal Protective Equipment Punches Rake Rasps (files) Reinforcing steel, Shear and Bender (handheld) Rivet Sets (Light, handheld) Rollers-Flooring Rules Safety Equipment (Personal Protective Equipment) Safety fencing (orange plastic) Sanders (handheld) Saws, Hand Saws, Electric Hand, Circular Saws, Electric Hand, Reciprocating Saws, Backsaws and Miter Box Saws, Power Miter Box Sawhorses Scaffolding, Portable, (8’table height) Scrapers (handheld) Screw Drivers Screw Drivers, Electric Scribers Shears (handheld) Shovels Sledgehammers Squares Staplers, Air/Hand Steel Framing Tools, Lightweight Steel Framing Tampers (handheld, non-powered) Tapelines Tarpaulins (12’ X 24”, maximum of 5 each) Temporary lighting (400 square feet)

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Tin Snips Torch, hand Torch Igniters Trash Receptacles (35/gallon, 4 each) Trowels (non-powered, handheld) Toolboxes (personal) Traffic cones Tubing Cutters (handheld, non-powered) Vacuum, wet/dry (5 gal) Vehicles (up to 1.5 ton) Vice Voltmeter, volt/ohm meter Wheelbarrow (non-powered) Wire Strippers Wrenches

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 job site lay down areas are dependent upon location of the work.

C.5 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.211-72 Statement of Work/Specifications As prescribed in 411.171, insert the following clause:

Statement of Work/Specifications (Feb 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

AGAR 452.211-73 Attachments to Statements of Work/Specifications As prescribed in 411.171, insert the following clause:

Attachments to Statements of Work/Specifications (Feb 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

AGAR452.211-74 Period of Performance.

As prescribed in 411.404(a), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from TBD* The Project will be for 365 days after Notice to Proceed is Issued

AGAR 452.211-75 Effective Period of the Contract.

As prescribed in 411.404(b), insert the following clause:

EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from TBD* The Project will be for 365 days after Notice to Proceed is Issued (End of Clause)

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D - SECTION D - Packaging and Marking

(For this Solicitation, there are NO Clauses in this Section)

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E - SECTION E - Inspection and Acceptance

E.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.246-70 -- Inspection and Acceptance As prescribed in 446.370, insert the following clause:

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 and acceptance will be performed at:

USDA ARS Fort Collins Research Farm 5021 E County Road 58, Ft Collins CO 80524-9327

(End of clause)

E.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

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

E.3 FINAL INSPECTION

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

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

(c) The Contractor's request for final inspection will not be approved unless all documentation required below, and all other contract requirements have been provided to the Contracting Officer:

-Guarantees and warranty schedule and contacts -Certified payroll records for all prime and subcontractor employees

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

E.4 FINAL ACCEPTANCE

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

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F - SECTION F - Deliveries or Performance

F.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

FAR 52.211-10 -- Commencement, Prosecution, and Completion of Work.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 365 days from NTP. The time stated for completion shall include final cleanup of the premises.

F.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.236-15 -- Schedules for Construction Contracts (Apr 1984) FAR 52.242-14 -- Suspension of Work (Apr 1984)

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G - SECTION G - Contract Administration Data

G.1 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 Contractor Performance Information and Contractor Performance Assessment Reporting System

(CPARS)

FAR 42.1502

(a) General. Past performance evaluations shall 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 paragraphs (b) through (f) 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 shall be entered into CPARS, the Governmentwide 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) Contracts. Except as provided in paragraphs (e), (f), and (h) of this section, agencies shall prepare evaluations of contractor performance for each contract (as defined in FAR part 2) that exceeds the simplified acquisition threshold and for each order that exceeds the simplified acquisition threshold.

Agencies are required to prepare an evaluation if a modification to the contract causes the dollar amount to exceed the simplified acquisition threshold.

(c) Orders under multiple-agency contracts. Agencies shall prepare an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold that is placed under a Federal Supply Schedule contract or placed under a task-order contract or a delivery-order contract awarded by another agency (i.e., Governmentwide acquisition contract or multi-agency contract). Agencies placing orders under their own multiple-agency contract shall also prepare evaluations for their own orders. This evaluation shall not consider the requirements under paragraph (g) of this section. Agencies are required to prepare an evaluation if a modification to the order causes the dollar amount to exceed the simplified acquisition threshold.

(d) Orders under single-agency contracts. For single-agency task-order and delivery-order contracts, the contracting officer may require performance evaluations for each order in excess of the simplified acquisition threshold when such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation (e.g., when the scope of the basic contract is very broad and the nature of individual orders could be significantly different). This evaluation need not consider the requirements under paragraph (g) of this section unless the contracting officer deems it appropriate.

(e) Past performance evaluations shall be prepared for each construction contract of $700,000 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 $700,000.

(f) Past performance evaluations shall be prepared for each architect-engineer services contract of $35,000 or more, and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $35,000.

(g) Past performance evaluations shall include an assessment of the contractor's-

(1) Performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause at 52.219-9, Small Business Subcontracting Plan;

and

(2) Reduced or untimely payments (as defined in 19.701), made to small business subcontractors, determined by the contracting officer to be unjustified. The contracting officer shall-

(i) Consider and evaluate a contractor's written explanation for a reduced or an untimely payment when determining whether the reduced or untimely payment is justified; and

(ii) Determine that a history of unjustified reduced or untimely payments has occurred when the contractor has reported three or more occasions of unjustified reduced or untimely payments under a single contract within a 12-month period (see 42.1503(h)(1)(vi) and the evaluation ratings in Table 42-2). The following payment or nonpayment situations are not considered to be unjustified:

(A) There is a contract dispute on performance.

(B) A partial payment is made for amounts not in dispute.

(C) A payment is reduced due to past overpayments.

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(D) There is an administrative mistake.

(E) Late performance by the subcontractor leads to later payment by the prime contractor.

(h) Agencies shall not evaluate performance for contracts awarded under subpart 8.7.

(i) Agencies shall promptly report other contractor information in accordance with 42.1503(h).

G.3 INVOICE PREPARATION AND SUBMISSION

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

Email to Greg.Graham@usda.gov

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

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

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

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records, Contractor Certification, and updated CPM Schedule.

Once the paper invoice has been approved by the Contracting Officer, the Contractor shall submit the invoice electronically through the Invoice Processing Platform (IPP) at www.ipp.gov.

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H - SECTION H - Special Contract Requirements

Clauses

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.236-71 -- PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT

As prescribed in 436.571, insert the following clause:

PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

AGAR 452.236-72 -- USE OF PREMISES

As prescribed in 436.571, insert the following clause

USE OF PREMISES (NOV 1996)

(1) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor.

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

AGAR 452.236-73 Archaeological or Historic Sites.

As prescribed in 436.573, insert the following clause:

ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

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

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution.

As prescribed in 436.574, insert the following clause:

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

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

(b) Pollutants such as fuels, lubricants, bitumen’s, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

AGAR 452.236-75 Maximum Workweek--Construction Schedule.

As prescribed in 436.575, insert the following clause:

MAXIMUM WORKWEEK-- CONSTRUCTION SCHEDULE (NOV 1996)

Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

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

The maximum workweek that will be approved is TBD (Usually 40 hour work weeks, Mon – Fri business hours, however exceptions can be approved).

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AGAR 452.237-74 -- KEY PERSONNEL (FEB 1988)

(a) The contractor shall assign to this contract the following key personnel:

Title(s): Name(s):

Site Superintendent

(b) During the first ninety (90) days of performance, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-period, the contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

AGAR 452.237-75 Restrictions Against Disclosure.

As prescribed in 437.110(e), insert a clause substantially as follows:

RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.2 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 days after the date of receipt of award, the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372, it will be the basis for Requests for Partial Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as establishing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor.

(b) Samples of both ARS Forms 371 and 372 are available upon request. A supply of these forms together with instruction for completion of ARS Form 371 will be mailed to the contractor with the Notice of Award.

(c) ARS Form 371 is required even though progress or partial payments are not requested.

(d) The need by an offeror for partial or progress payments, when authorized in the payment provisions of this request for proposals, will not be treated as a handicap in making the award.

H.3 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government.

Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least three (3) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

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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 shall cooperate with each other and coordinate their construction operations to the fullest extent. As far as practicable, all contractors performing work for the Government at the site shall have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter shall be referred to the Contracting Officer.

H.5 SUBMITTALS AND SHOP DRAWINGS

(a) The Contractor shall submit for approval, shop drawings of all manufactured products required in the construction for which such drawings are hereinafter required. When approved, one set will be retained;

one set forwarded to the Government representative on the job and two sets forwarded to the Contractor.

When changes or corrections are necessary, two sets will be returned to the Contractor with such corrections noted thereon, and he shall resubmit revised prints.

(b) Shop drawings shall be marked with the contract number and Work Order Number, project description, name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the contract requirements because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal.

(c) Approval of shop drawings will be general and will not relieve the Contractor from the responsibility of furnishing material and work required by the contract.

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

(e) Non-approval of equipment due to failure to meet specifications, or non-approval of the Contractor’s drawings due to submission of incomplete or incorrect information cannot be considered as a basis for extension of time for completion of the contract.

(f) The quantity of shop drawings required are subject to change. This will occur only when the Government is under contract with an A-E firm to approve shop drawings. In this respect, A-E will coordinate final quantity required between all interested parties.

H.6 LIST OF MATERIALS

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

(b) In order to properly identify and to prove compliance with the requirements of the specifications, the Contractor shall give the following data for each product included in the list of materials.

Section heading of the specifications under which material is specified.

Manufacturer’s name and address.

Grade, type, trade or catalog number.

Size, capacity, and other pertinent data.

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

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

(e) Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict contractor to brand specified; however, any substitution must be met with approval of the Contracting Officer. Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

H.7 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR

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