Solicitation_12805B22R0001-0002.pdf

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03/18/2022

Solicitation 12805B22R0001-0002 Fire Protection Plains Area -North

IDIQ

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 SCOPE OF CONTRACT

The U. S. Department of Agriculture (USDA), Agricultural Research Service (ARS) has a requirement for a single award Indefinite Delivery, Indefinite Quantity Contract (IDIQ) for fire protection projects that involve repair, maintenance, and alteration for its research laboratory facilities located throughout the Plains Area - North, which includes the states of Montana, North Dakota, Wyoming, South Dakota, Nebraska, and Colorado. Specific requirements will be incorporated into individual task orders.

B.2 Minimum Guarantee

The Government will obligate the minimum guarantee of $2,000.00 with the first task order issued against this contract, as the minimum for the entire contract period. Minimum and Maximum ordering limits shall be in accordance with Federal Acquisition Regulation (FAR) 52.216-19, Ordering Limitations. The estimated CLIN quantities are not guaranteed but are realistic expectations based on past allocations and future projected funding allocations. The quantities specified in the Schedule are estimates only and are not purchased by this contract. If the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

B.3 SCHEDULE OF ITEMS

Item No. Description Price/Cost

0001 1st Year Ordering Period Fire Protection $

0002 2nd Year Ordering Period Fire Protection $

0003 3rd Year Ordering Period Fire Protection $

0004 4th Year Ordering Period Fire Protection $

0005 5th Year Ordering Period Fire Protection $

Total $

B.4 Period of Performance

One (1) five-year ordering period from 04/01/2022 through 03/31/2027.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 Description of Work

Reference Section J, Attachment 2 Scope of Work. The geographical limitations of this contract include any facility or site within the USDA/ARS Plains Area - North responsibility (Montana, North Dakota, South Dakota, Wyoming, Nebraska, and Colorado). The Contractor shall provide all labor, supervision, equipment, and materials in accordance with the requirements of this contract to perform all operations in connection with the construction program for fire protection. ARS’s mission is to satisfy the individual requirements of this diverse client base, but also consider solutions that may result in increased efficiencies and potential cost savings for the USDA at large.

The use of this single award Indefinite Delivery, Indefinite Quantity Contract (IQIQ) vehicle ARS will have the ability to execute a broad range of fire protection projects for maintenance, repair or minor construction for the Plains Area – North. Task Orders issued under this IDIQ will possibly stem from partial designs, or as specified and will be accompanied by a specific Task Order Scope of Work (SOW). All work performed shall be in accordance with industrial and commercial codes/standards.

C.1.1 Contract shall provide design, construction, repair, alteration, and maintenance for fire protection projects by means of an IDIQ contract. The IDIQ contract shall be for one (1) five-year ordering period for a total of sixty (60) months. Performance shall be ordered through the issuance of individual Task Orders, through the process defined in C.2.

C.1.2 Contract Pricing Structure. The contract pricing will consist of two (2) components:

1) Direct Labor (C.1.2.1)

2) Equipment/Materials (C.1.2.2)

C.1.2.1 Firm Fixed Price (FFP) Fully Burdened Labor Rates The Contractor shall provide competitive Firm Fixed Price fully burdened labor rates for all Direct Labor Categories identified in Attachment 1 Bid Schedule. This fully burdened labor rate will be applied to all direct labor hour associated with Task Order Request for Proposals. Task order proposals shall only contain hours for direct labor only, all other associated labor costs shall be encompassed in the fully burdened labor rates. All task order proposals shall be limited to itemized labor hour break out through Microsoft excel format, with the FFP fully burdened labor rates applied for each category of labor class utilized for the task order. The competitive fully burdened labor rates will be the sole labor rate allowed under this contract vehicle, regardless of the Contractors actual expenses incurred.

The Fully Burdened Labor Rates shall include the following, but not limited to: Home Office, General and Administrative, Office Space, Office Equipment, Office and Management Personnel, Office Supplies, Employee Transportation, Insurance, Project Management, Profit, Financing Costs, Business Risks, Permits and Filings, Personal Protective Equipment, Taxes and all other associated cost not allowed by the Task Order cost proposal. Site Superintendent productive hours are the only allowable management hours placed into Task Order proposal costs, all other management costs shall be rolled into Fully Burdened Labor Rates. Contractor shall account for potential subcontractor cost into the Fully Burdened Labor Rate, there will be no adjustments to the competitive rates established at time of award.

C.1.2.2 Equipment and Materials Overhead and Profit Rate.

The Contractor shall provide a competitive Overhead and Profit rate applied to all materials and equipment, as part of the Attachment 1 Bid Schedule. This rate shall be applied to equipment and materials cost associated with Task Order Request for Proposals. Task Order proposals shall provide cost only, with the Overhead and Profit Rate applied to the actual costs. At no time, should the Contractor propose mark ups, profit or overhead to the proposed equipment/materials cost of potential Task Orders. All Task Order proposal pricing shall be limited to an itemized “actual” cost break out through Microsoft Excel format, with the fixed Overhead and Profit Rate applied to the overall cost of equipment/materials to each Task Order.

The Equipment/materials Overhead and Profit rate shall include the following, but not limited to: Home Office, General and Administrative, Office Space, Office Equipment, Office and Management Personnel, Office Supplies, Employee Transportation, Insurance, Project Management, Profit, Financing Costs, Business Risks, Permits and Filings, Personal Protective Equipment, Taxes, and all other associated cost not allowed by the Task Order cost proposal.

C.2 Request for Task Order Proposal (RTOP) Process

C.2.1 Ordering Period.

The ordering period is identified in C.1.1, one (1) five-year ordering period for a total of sixty (60) months.

C.2.1 Period of Performance for Task Orders.

Each task order shall have an identified period of performance factoring in such conditions as the amount of design effort required, seasonal aspects and construction considerations. No task orders shall be issued beyond the last day of the ordering period of the contract.

C.2.3 Authority to place Task Orders.

The Plains Area Administrative Office (PAAO) is delegated authority to award and administer task orders under this single award IDIQ. The ARS Procuring Contracting Officer (PCO) reserves the right to delegate this authority to other Contracting Officers within the PAAO. The Contracting Officer (CO) is an agent of the Government and the only official authorized to enter into a contract or binding agreement for the Government. Any change to the contract will be made in writing via contract modification by the Contracting Officer. The Contract Administrator/Specialist/Buyer is the person responsible for administering this contract and reports to the CO, if other than the CO. Government representatives other than the CO are not authorized to take any action that alters the contract. The ARS Procuring Contracting Officer is responsible for the base contract, including any changes to terms and conditions.

C.2.3.1 Task Order Contracting Officers.

The Task Order Contracting Officer is responsible for serving as the contracting focal point for coordination and awarding the task order for the end user; ensure the task order requirements are within the contract scope; preparing any required Contract Performance Assessment Reporting System (CPARS) evaluations;

execute any required task order modifications; perform any administrative or action associated with the issued task order; and perform any potential required task order close outs.

C.2.3.2 Task Order Contracting Officer’s Representative The Task Order Contracting Officer shall appoint any required Contracting Officer Representative (COR) in accordance with required thresholds. The COR will define requirements; accomplish day-to-day surveillance of contractor performance; review invoices; submit any required CPARS evaluations. The Task Order Contracting Officer shall ensure the COR is certified through the FAITAS and IAS software.

C.2.4 Task Order Statement of Work.

The task order Statement of Work (SOW) shall identify the entire need and address those needs with statements describing the required design and construction in terms of output. The requirements should be stated in clear, concise, easily understood, and measurable terms. Requirements may allow the contractor latitude to work in a manner suited for innovation and creativity (within industry standards).

At a minimum, the SOW should address the work performed, location of the work, period of performance, Notice to Proceed (NTP), performance and payment bonds, schedules, applicable standards, acceptable criteria, drawings and specifications, and any special requirements.

C.2.5 Funding.

Contract funding shall be authorized at the Task Order level and shall be the type deemed appropriate for the fire protection project intended. No unfunded task orders are authorized. The funding required to satisfy the guaranteed minimum shall be satisfied by issuing the first task order to obligate the guaranteed minimum. Contractors shall only invoice for the guaranteed minimum if they do not receive a task order during the first year of the five year ordering period.

** Note that potentially the majority of task orders could be issued in the 4th (final) quarter of the fiscal year (1 July- 30 September) when funding is readily available. Contractor shall prepare for the possibility of a larger workload in the 4th quarter**

C.2.6 Task Order Types The single award fire protection IDIQ contract shall issue lump sum firm-fixed-price (FFP) task orders, after completion of any required negotiations referenced in C.2.8. Task Orders will be awarded in accordance with FAR 16.505 Ordering.

C.2.7 Ordering Limitations.

The Government’s guaranteed minimum obligation under this contract is $2,000 (for the entire ordering period). The minimum task order amount for fire protection covered by this contract shall not be an amount less than $2,000. The Government is not obligated to purchase, nor is the Contractor obligated to furnish requirements for less than this amount per FAR 52.216-19 Order Limitations. The maximum order the contractor is obligated to honor is (1) Any single Task Order in excess of $1,000,000; (2) Any Task Order for combination of items in excess of $2,000,000; or (3) A series of Task Orders issued within 15 days that together call for the quantities exceeding the limitation in (1) or (2).

C.2.8 Request for Task Order Proposal.

The Task Order Contracting Officer shall solicit a response for fire protection requirements in written format. A Request for Task Order Proposal (RTOP) should be prepared and issued for each task order requirement in writing. The RTOP and supporting documents should clearly define the following: the requirement; instructions for completing a response to the request; additional clauses/provisions unique to the task order; period of performance; CLIN structure.

The RTOP for fire protection work may require further scope development by mandatory onsite visit or the Government will provide the detailed design specifications. The contractor may be required to provide narrative, sketches, material catalogs cut sheets, and quantity take-take off with proposal to ensure a common understanding. Any discussions or clarifications regarding the scope definition or specification does not bind the Government, unless incorporated into the specification by amendment to the RTOP or formal modification to the task order. Contractor may be required to secure Architect- Engineering Support on projects as part of the RTOP process to include the following, but not limited to:

site investigations, design criteria development, construction drawings, field surveys, reports or computer-aided drafting. In addition, the Contractor may be required to provide drawings sealed by a Professional

Engineer registered in the State in which the work will occur on a task order basis.

Task orders will include the Construction Wage Rates Requirements (CWRR) Determination for the location of the work to be performed. The NAICS Code authorized for use in task order issued against this contract shall be 561621 Security Systems Services (except Locksmiths). Multiple task orders may be awarded with similar completion dates and overlapping schedules.

The contractor shall respond within 3 calendar days after receipt of RTOP by scheduling a site visit, if required by the Government. Contractor representative shall attend a site visit, if required by the Government. RTOP responses are due within 15 calendar days from receipt of issuance or as agreed upon by the Contracting Officer approval. The proposal shall be supported by necessary documentation to indicate that adequate planning to accomplish the requirement has been done. Examples of documentation might reasonably be expected could include, but not limited to: cover letter, cost estimate with all supporting documentation, profit and overhead, RS Means work sheets, construction drawings, calculations, cut sheets, specifications, architected renderings, schedule, mobilization, submittals, material lead times, performance, phasing, etc.

Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness and reasonableness. The Task Order Contracting Officer will arrange with the contractor to discuss the scope of all items and to negotiate any proposal aspects (cost, performance time, etc). Upon completion of task order negotiations, the Task Order Contracting Officer will issue a Task Order to the Contractor. The Government will complete a memorandum of negotiations for the contract file. In the event that the Government and the Contractor fail to agree (in whole or in part), on any line-item quantities, or items, a Firm-Fixed-Price task order may be issued unilaterally by the Government. The Contractor shall proceed with work, during or after performance the Contractor may seek resolution in accordance with the FAR. If the Government and the Contractor cannot agree upon a period of performance for the Task Order, the Contracting Officer shall make the final determination of allowable workdays. If the Government and the Contractor fail to come to an agreement on a reasonable cost, it is the sole discretion of the Government that they may procure the requirement from another contract vehicle or method.

Please see Attachment 3 Request for Task Order Proposal (Example), to view the sample RTOP for issuance on each task order.

C.2.9 Task Order Pricing Task Order pricing will be based solely upon the Firm Fixed Price (FFP) Fully Burdened Labor Rates (C1.2.1) and Competitive Overhead and Profit Rate for Materials/Equipment (C.1.2.2) established on the base contract. The Contractor shall provide, at a minimum, single detailed excel sheet documenting all proposed cost for the task order requirement. The excel sheet shall break out all major components and cost, to allow for proper negotiation. The Contractor shall apply the Fully Burdened Labor Rates for direct labor and Competitive Overhead and Profit Rate for Materials/Equipment from the base contract to the Task Order costs. The rates are NOT negotiable, as they are established on competitive basis for the life of the base contract.

The Government and the Contractor shall negotiate at a minimum (but not limited to) the productive labor mix, quantity of productive labor hours, materials to be utilized and material costs. The Contractor shall provide at least two (2) competitive quotes to demonstrate the best value on materials, equipment etc., unless waived by the Contracting Officer or proprietary items. The Contractor shall provide all the required supporting documents used to justify the Contractors cost for the task order proposal.

All productive labor hours shall be priced utilizing the competitive Fully Burdened Labor rates (Attachment 1), and at no time, should the Contractor propose additional mark ups, profit or overhead to the proposed pricing elements identified in C.1.2. The pricing elements in C.1.2 are the only allowable pricing submissions to submitted for Task Order pricing negotiation, all other costs shall be captured in the corresponding rates as identified in C.1.2.1 and C.1.2.2.

C.2.10 Bonding Requirements.

Bonds will be issued for individual task orders. The Contractor will submit any required bonds after the individual task order is issued/awarded. Task Order bonding thresholds are identified in FAR 28.102 and will be in accordance with FAR 52.228-15 Performance and Payment Bonds – Construction. Performance and Payment bonds shall be priced for actual costs per task order, at the time of the Request for Task Order Proposal.

C.2.11 Task Order Wage Determination.

The Task Order Contracting Officer shall incorporate the appropriate Construction Wage Rate Requirement (CWRR) Wage Determination into each Task Order issued. The Wage Determination will be issued for location of the project and will be unique to each Task Order. All Task Orders shall be subject to the FAR 52.222-6 Construction Wage Rate Requirements.

C.2.12 Task Order Liquidated Damages.

The Task Order Contracting Officer shall make the determination if FAR 52.211-12 Liquidated Damages – Construction is required for each individual Task Order. The Task Order Contracting Officer shall make the Liquidated Damages known in the Request for Task Order Proposal, so the Contractor can plan and price each Task Order accordingly. There is not a blanket Liquidated Damages rate that covers the entire contract, these are to be applied on a case by case, or as needed basis on individual Task Orders.

C.3 ARS Plains Area – North Locations

County City State Zip

WASHINGTON AKRON COLORADO 80720

LARIMER FORT COLLINS COLORADO 80523

LARIMER FORT COLLINS COLORADO 80521

LARIMER FORT COLLINS COLORADO 80526

LARIMER FORT COLLINS COLORADO 80524

WELD GREELEY COLORADO 80632

LARAMIE CHEYENNE WYOMING 82009

WELD NUNN COLORADO 80648

ALAMOSA MOSCA COLORADO 81146

CUSTER MILES CITY MONTANA 59301

RICHLAND SIDNEY MONTANA 59270

ROOSEVELT CULBERTSON MONTANA 59219

ROOSEVELT CULBERTSON MONTANA 59270

CLAY CLAY CENTER NEBRASKA 68933

LANCASTER LINCOLN NEBRASKA 68583

SAUNDERS ITHACA NEBRASKA 68033

SAUNDERS YUTAN NEBRASKA 68073

CASS FARGO NORTH DAKOTA 58105

CASS FARGO NORTH DAKOTA 58102

POLK EAST GRAND FORKS MINNESOTA 56721

GRAND FORKS GRAND FORKS NORTH DAKOTA 58203

MORTON MANDAN NORTH DAKOTA 58554

BROOKINGS BROOKINGS SOUTH DAKOTA 57006

MORTON MANDAN NORTH DAKOTA 58554

The exact location of work be indicated on the individual Request for Task Order Proposals (RTOP).

C.4 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.5 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.6 WORK MANAGEMENT

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

C.7 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 job site lay down areas are dependent upon Task Order size and location of the work. Job site availability will be identified with each RTOP.

C.8 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.9 OSHA

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

C.10 KEY PERSONNEL

The Contractor shall confirm to the Contracting Officer the List of Key Personnel and their qualifications provided as part of the base contract submittals. The contractor will provide any additional information requested by the Contracting Officer to certify their qualifications. The Contractor shall submit to the Contracting Officer a finalized organization chart showing the lines of authority of key personnel and on-site supervisor(s) for this contract. The chart shall include names of personnel and their position title in this contract. At a minimum it shall identify the Project Manager, the Quality Control Manager, SSHO and onsite supervisors and who they will report directly to for this contract. The Contractor shall identify the personnel able to bind the Contractor contractually.

C.11 EMPLOYEE QUALIFICATIONS

NICET (National Institute for Certification in Engineering Technologies) establishes the qualifications of an individual as an Engineering Technologist with verification of experience by having a current NICET certification.

Contractor shall ensure that fire protection system designers, supervisors, technicians, maintenance mechanics, and other relevant labor categories working on fire protection systems as part of this contract possess the appropriate NICET certification. The NICET qualifications shall be possessed by the Prime Contractor personnel.

C.12 EMPLOYEE REQUIREMENTS

The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each task order. Contractor staff may be required to obtain a USDA Linc Pass badge. Documents need to obtain the Linc Pass shall be provided by the Government after award.

C.13 EMPLOYEE CONDUCT/REMOVAL OF EMPLOYEES

Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner. 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. The Contracting Officer has the final say in this matter.

C.14 QUALITY CONTROL

The Contractor shall establish and implement a thorough Quality Control (QC) Plan that identifies potential and actual problem areas in executing requirements of the contract as specified and results in corrective action throughout the life of the contract. The QC Plan shall be submitted to the Contracting Officer for approval 10 working days prior to the start of contract performance and shall be updated thereafter to maintain an effective and efficient quality control program. Control measures and features defining QC activities must be specified and metrics developed to ensure adequate program monitoring. The Government has the right to inspect all services called for by this contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform these inspections in a manner that will not unduly delay the work. Any changes to the QC Plan shall be submitted to the Contracting Officer a minimum of five working days prior to implementation. Written acceptance or non-acceptance of proposed changes will be provided to the Contractor by the Contracting Officer. The QC Plan shall:

Shall be structured to assure independent inspections of the Contractor’s work performance;

Shall have direct accountability to the Contractor’s top management;

Shall address overall project management and administration;

Shall be a comprehensive program to plan and deliver quality services to the Government;

• Shall cover all services described in this contract, prioritize services, and concentrate on the most important services;

Shall describe a method acceptable to the Government of identifying deficiencies in the quality of services performed under this Contract before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon Government direction;

Shall establish an inspection system covering all services required by this contract. This shall specify areas to be inspected on either a scheduled or unscheduled basis and the title of the individual who will do the inspection;

Shall contain specific quality control techniques for contract services identified in the Inspection of Services Clause. The quality control methods shall be comprehensive and adaptable to the reporting systems of the QCP;

Shall require documentation of all Contractor quality control inspections and corrective actions be maintained by the Contractor throughout the term of this contract. Inspection documents shall be made available to the Contracting Officer or designated representative within 2 working days upon request;

Shall describe methods of direct and indirect communications with the Government regarding performance of the contract. Informal communications shall be addressed.

C.15 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

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

(End of Clause)

C.16 PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is from April 1, 2022 through March 31, 2027.

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2) (FEB 1998)

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

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

CLAUSE TITLE DATE

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

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

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at: the location of each individual task order Acceptance will be performed at: See (b) above.

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

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

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

E.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.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

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

NUMBER TITLE DATE

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 LIQUIDATED DAMAGES – CONSTRUCTION (FAR 52.211-12)(SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount determined by the specific Request for Task Order Proposal (RTOP) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

F.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to:

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

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than number of days listed on the task order after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award, and for each Task Order as applicable. The contractor will be notified by letter of the name and duties of the COR.

G.2 TASK ORDER CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of RTOP/Task Order relating to submittals prior to substantial completion, or Owner's use of completed portions of work.

(2) Provide submittals required by governing authorities.

(b) Cleaning:

(1) Execute cleaning during progress of work and at completion of work.

(2) Reference other specification sections for additional specific work.

(3) Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations.

(4) At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

a. Clean all sight-exposed surfaces.

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

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

(5) Areas disturbed during construction operations shall be restored generally to match conditions existing prior to start of work.

(c) Project Record Drawings:

(1) Maintain documents in clean, dry, legible condition.

(2) Make documents available at all times for inspection by COR, CO, and other individuals as may be designated by the CO.

(3) Label each document "Project Record."

(4) Keep record documents current.

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

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

(d) Operating and Maintenance Manuals:

(1) System Demonstration

a. Prior to final inspection demonstrate operation of each system to the COR, CO, and other individuals as may be designated by the CO.

b. Instruct designated Government personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

(2) Warranties and Bonds:

a. Submit warranties and maintenance bonds prior to final application for payment.

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

2. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

G.3 AS-BUILT DRAWINGS

On completion of each task order (if required), one set of paper specifications and one print and one plastic reproducible of each of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO. Where a choice of materials and/or methods is permitted, the as-built drawings shall define the construction actually provided. Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducible, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Area Office Engineer.

G.4 RELEASE FROM CLAIMS

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

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

Name, Title, and Signature of Contractor DATE

G.5 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice and one copy to the Task Order Contracting Officer and the Task Order COR:

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

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

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

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

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

G.6 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 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/. The CPARS will be completed on the base award IDIQ annually, and any task order meeting the thresholds identified in FAR 42.1502.

(b) 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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

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

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

(b) General Liability.

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the con contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

H.2 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (AGAR 452.236-71) (NOV 1996)

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

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

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

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

H.4 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

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

H.5 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (AGAR 452.236-74) (NOV 1996)

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

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

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

H.6 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (AGAR 452.236-75) (NOV 1996)

Within 10 (ten) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

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

MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

The following applies to all work performed on Government-owned property:

(a) Listed below are official Government holidays:

New Year’s Day January 1* Martin L. King Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth As indicated Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11* Thanksgiving Day Fourth Thursday in November

Christmas Day December 25* Inauguration Day January 20* (for Washington D.C. Metropolitan Area (WDCMA))

If a Sunday, the next succeeding day is selected.

*In accordance with Federal regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, holiday will be observed on Monday.

The contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security, Government identified emergency health and safety evacuation, etc.

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

(c) WORK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, he shall submit a written request to the CO/COR 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.

H.7 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

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

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

H.8 SUBMITTALS AND SHOP DRAWINGS

a. The Contractor shall 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 set to the Contracting Officer's Representative (COR), one set to the Construction Manager (CM), and one set to the Contractor. If the Contractor requires more than one approved set, additional copies of this document must be forwarded in the number needed.

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

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

d. Shop drawings shall be submitted for approval in ample time to permit checking of the drawings, allow the

Contractor to make any corrections and resubmit drawings prior to the time construction is started on work covered by any drawings.

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

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

H.9 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

Within 14 (fourteen) calendar days after the date of receipt of Task Order, the Contractor shall 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 has been approved by the Contracting Officer.