12905B21Q0047 Screenhouse Rescreening_Riverside CA.pdf

12905B21Q0047

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

1037620

1 40

800 BUCHANAN STREET

ALBANY CA 94710

USDA ARS PWA AAO ACQ/PER PROP

90 Days After Award

PWA NATL CLONAL GERMPLASM REP FOR C

NATL CLONAL GERMPLASM REPOSITORY

1060 MARTIN LUTHER KING BLVD

RIVERSIDE

CA 92507

510 559-6326KENDA TUCKER

07/20/2021 1500 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 07/26/2021 to 09/30/2021

Disclosure of Magnitude is between $100,000 and $250,000.

NAICS - 238190 Other Foundation, Structure, and Building Exterior contractors

0001 Screenhouse Rescreening: Remove damaged screen and bird spikes; replace screen with Svensson Xsect Xtra thrips-proof material; install 24 vertical girts; install flashing at ground level;

reinstall bird spikes

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

6/23/2021

RFQ 12905B21Q0047

Screenhouse Rescreening – Riverside, CA

CONTINUATION OF SF18

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Screenhouse Rescreening

National Clonal Germplasm Repository Riverside, California

B.1 PRICE SCHEDULE

(a) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(b) Offers are subject to the terms and conditions of this solicitation.

(c) Definitions:

a. CLIN – Contract Line Item Number.

PRICE SCHEDULE

CLIN Supplies or Service Quantity and Unit of Issue

Unit Price Amount

0001 Screenhouse Rescreening For the lump sum of $

TOTAL FOR PRICE SCHEDULE: $_______________

End of Section B

SECTION C – DESCRIPTION/SPECIFICATIONS

1.01 LOCATION

The site of work is located at the USDA, ARS, National Clonal Germplasm Repository, 1060 Martin Luther King Blvd., Riverside, CA. 92507.

1.02 PRINCIPAL COMPONENTS OF WORK

(a) Remove and replace bird spikes

(b) Remove and replace screen

1.03 BACKGROUND

The Repository must maintain clean source trees in an APHIS-approved protective structure. The current protective structure is a screenhouse designed, manufactured, and installed by Conley Manufacturing and Sales, Montclair, California. Several additions and a rescreening have been done since the original construction (1986/1987).

In October 2020, a portion of the structure was breached. This occurred due to separation of the screens at the seams. Therefore, rescreening of this portion of the protective structure is necessary.

1.04 SCOPE OF WORK

The existing protective structure is a screenhouse that was designed, manufactured, and installed by Conley Manufacturing and Sales, Montclair, CA. Several additions and a re-screening have been done since the original construction.

The existing screenhouse is a steel-frame structure with a width (E-W) of 120 ft, a length (N-S) of 135 ft, and a height of 15 ft. The structure is divided into two structures of 60 ft X 135 ft X 15 ft by an interior wall. The eastern section is designated “SH-A” whereas the western section is designated “SH-B”. SH-A is the portion requiring re-screening.

SH-A is informally divided into southern and northern sections, of 80 ft and 55 ft, respectively.

These exist since the northern section was added after the original southern section and has slightly different design and construction. All structural components are galvanized steel.

The 80 ft long southern section of the structure is supported by 15 ft tall columns spaced every 10 ft on the southern, eastern, and western walls. These are stabilized by (3) 9.5-inch horizontal girts between the bottom and top horizontal frames, with slightly variable spacing of 36 in and 48 in between the girts. The roof is supported by north-south large beams spaced 20 ft apart. The roof is also supported by east-west large beams spaced 20 ft apart. In addition, the western-most and eastern-most north-south sections have east-west small (9.5 in) girts at the center of the 20 ft span between the larger beams. The center north-south section does not have these additional supports.

The 55 ft long northern section of the structure is supported by 15 ft tall columns spaced every 20 ft on the northern wall and 5, 10, 20, and 20 ft on the eastern and western walls. These are stabilized by (3) 9.5-inch horizontal girts between the bottom and top horizontal frames, with slightly variable spacing of 36 in and 48 in between the girts. The roof is supported by north-south large beams spaced 20 ft apart. The roof is also supported by east-west large beams spaced 5, 10, 20, and 20 ft apart from south to north. The northern section does not have any additional smaller roof supports.

Screening is with thrips-proof screen. A vestibule of approximately 8 ft X 8 ft X 7 ft tall is attached to the north wall of the protective structure. An additional interior vestibule (designated SE vestibule in this document) of approximately 8 ft (N-S) X 3 ft (E-W) with doors approximately 7 ft X 7 ft on its west wall is located approximately 10 ft from the southeast corner of the chamber. The north, south, and east walls, roof, and double doors also require rescreening. In addition, a section of the vestibule (approximately 4 ft) connects the screenhouse and headhouse.

1.05 GENERAL REQUIREMENTS

Refer to Rescreen Diagram PowerPoint for additional details.

(1) Coordinate with Repository personnel in order to avoid exposure of trees during project.

Approximately 1-week lead time will be needed on this.

(2) Remove existing bird spikes from roof of SH-A. Replace with new bird spikes upon completion of rescreening.

(3) Remove and dispose of existing screen from north, east, and south sides and roof of eastern section and from interior vestibule.

(4) Replace the roof with Svensson Xsect Xtra thrips grade screening.

(5) Install 10 small 9.5 in girts in the east-west direction in those sections not having these supports. Girts shall be compatible with existing Conley beams.

(6) Screening for the roof and end walls are available in 11.5 ft width X 62 ft lengths.

(7) The screen shall be installed in an E-W direction.

(8) The screen shall be secured at each roof beam with PVC-coated Agra-Locks so that no seams are exposed.

(9) The screen shall be secured on the roof frame on the walls with PVC-coated Agra-Locks so that no seams are exposed.

(10) Replace the north, south, and east walls of the structure with Svensson Xsect Xtra thrips grade screening.

(11) Remove and reuse horizontal c channels

(12) Install 24 vertical small 9.5in girts in line with the upright posts. These will be 15 ft tall or equivalent; each 15 ft length may be divided into several shorter lengths to accommodate existing structure. Note: one upright beam is partially enclosed by the SE vestibule and will not need to be that tall.

(13) Screening for the side wall shall be cut to approximately 11.5 ft wide X 17 ft long.

The screen shall be secured in a vertical direction on the girts of the walls, the roof beam, and the corners (4) with PVC-coated Agra-Locks so that no seams are exposed.

The bottom of the screen at ground level shall be secured to the existing bottom frame of the protective structure with 20 ga stainless steel flashing. Screen and flashing shall extend 6 - 12 inches into gravel or soil.

(14) Reinstall the horizontal c channels. Use new tek-screws.

(15) The vestibules shall also be re-screened with screen attached as it is currently. This includes the screened portions of the doors.

Clean up work area as needed.

Installation must be inspected and approved by USDA-APHIS before final payment. Inspection will be arranged by Repository personnel. Provide at least 1-week prior notice to arrange an APHIS inspection, for timely inspection.

Invoices can be approved upon completion of inspection and acceptance by USDA-APHIS inspector.

1.06 REFERENCES & STANDARDS

All construction shall comply with ARS Facilities Design Standards (ARS Manual 242.1, 5-01- 12), ARS Energy, Water, and Sustainability Policy (ARS Policy & Procedures 134.2, 11-12-13), ARS Energy, Water, and Sustainability Policy Bulletin (ARS Policy & Procedures Bulletin 15- 134.2), governing Building Codes, and all applicable local, regional, State, and Federal regulations. Where one or more Codes or regulations conflict, the more stringent shall apply.

1.07 INSTALLATION

It shall be the responsibility of the Contractor to complete work in accordance with the manufacturer’s recommendations and Industry Standards. Additional procedures and materials may be required than is indicated herein. If any item specified herein conflicts with the applicable codes and recommendations, the Contractor shall bring it to the attention of the Contracting Officers Representative (COR) or the Onsite Government Representative (OGR) for immediate resolution.

1.08 PERMITS

Where governing regulations and imposed codes and standards require notices, permits, licenses, inspections, tests, and similar items or actions in order to lawfully proceed with the required work, the Contractor shall obtain items and take those actions in accordance with the regulations of the governing authority. Special authority may be required for remediation and disposal of ACM, Contractor shall confirm this and obtain this authority. The costs of such permits, licenses, inspections, etc., are the obligation of the Contractor.

1.09 EXISTING INSTALLATIONS/DEMOLITION

(a) Contractor shall modify existing installations as needed to accommodate the new installation. Where applicable contractor shall coordinate demolition or modification of existing installations with the COR/OGR. All disturbances of existing systems shall be thoroughly coordinated with the COR/OGR to prevent disconnecting equipment that may potentially jeopardize in-progress research.

(b) The Government reserves the right to retain any equipment or materials removed as part of this scope of work. The Contractor shall coordinate any equipment or materials to be retained with the COR/OGR prior to starting demolition operations. The Contractor shall legally dispose all equipment or material removed that will not be retained.

(c) The contractor shall divert project waste to recycle where practical. The Contractor shall track and document the amount of waste diverted to recycle. The contractor shall submit diversion documentation as part of closeout. If no waste is diverted to recycle, the contractor shall submit a letter stating so and why diversion was not practical.

1.10 SUBMITTALS

(a) Contractor shall provide, to the COR/OGR, relevant illustrations, standard schedules, mix designs, electrical layout and plan, performance charts, instructions, brochures, diagrams, manufacturer descriptive literature, catalog data, etc. pertaining to any proposed material install.

(b) The descriptive literature shall be annotated/highlighted to show its conformance with contract requirements.

(c) Contractor shall provide a site-specific Safety Plan and an Asbestos Abatement/Management Plan designed to protect the workers and occupants of the buildings during all phases of construction.

(d) Submittals are required for all building materials and equipment and will be stamped and/or signed by the general contractor prior to submission to the Government.

(e) Contractor is responsible for any costs incurred for equipment ordered without prior approval.

1.11 QUALITY CONTROL

The work performed under this contract shall be subject to continuous audit by the COR/OGR.

Quality control is the exclusive responsibility of the Contractor.

1.12 PROTECTION OF WORK AND PROPERTY/SAFETY REQUIREMENTS

The Contractor shall protect the work, the site, and all existing property and structures within the limits of the construction activities or that may be affected thereby until acceptance of the work.

Any damage to property shall be repaired at the Contractor’s expense, to pre-damaged condition to the satisfaction of the COR.

1.13 TEMPORARY FACILITIES:

(a) Temporary utilities (water and electricity) may be furnished to the Contractor by the Government, if so requested. The Contractor shall maintain and protect all such utilities during the course of construction and shall repair or replace any items damaged through its own negligence.

(b) Should the Contractor require any power or utility shutdowns during construction, the Contractor shall obtain approval for such shutdown from the COR/OGR three working days prior to the need.

1.14 MATERIALS AND EQUIPMENT

The material and equipment to be furnished under these contract documents shall be the standard products of manufacturers regularly engaged in the production of such materials and equipment and shall be the manufacturer’s latest standard design.

1.15 SITE CLEANUP

The construction site shall be kept clean and free of debris at all times. Clearance air and surface samples shall be taken to verify complete remediation of ACM. Restore areas disturbed as nearly as possible to the original appearance and condition. Upon completion of the project, and prior to final inspection, the Contractor shall remove from the premises all unused material, trash, and debris resulting from the work to the satisfaction of the COR/OGR.

1.16 O&M MANUALS

(a) O&M manuals shall be submitted upon completion and acceptance of the project.

(b) O&M manuals shall identify parts of the equipment for future procurement.

1.17 FINAL INSPECTION

The Contractor shall notify the Contracting Officer and COR/OGR, in writing, 10 days prior to the date that the project will be ready for final inspection. An inspection of the project will be made by the Contracting Officer and Contractor at a mutually agreed upon time. COR/OGR and the contractor shall compile a “punch list” prior to final acceptance of the installation and submit completed warranty documentation to manufacturer.

1.18 WARRANTY

In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of his subcontractors or suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the project. Under this warranty, the Contractor shall remedy at his own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at his own expense any damage to Government owned or controlled real or personal property, when that damage is the result of the Contractor's failure to conform to contract requirements or any such defect of equipment, material, workmanship, or design. The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced hereunder will run for one year from the date of such repair or replacement.

(a) Submit data concerning the standard one-year warranty for workmanship, including the warranty periods (dates), and warranty contacts with names, addresses and telephone numbers.

(b) Extended Equipment/Product Warranties: Obtain and furnish, to the location personnel, all written warranties for equipment/products that have extended warranties (warranty periods exceeding the standard one-year warranty) furnished under the contract. The warranty period shall begin on the same date as project acceptance and shall continue for the full/product warranty period. The warranties shall be fully executed and delivered to the Contracting Officer prior to final acceptance of the facility.

(c) Contractor shall be able to provide same day or next business day repair service for minor repairs to covered parts; longer wait times for service can result in additional damage to experimental infrastructure during temperature extremes as well as loss of mission critical experimental data. Any major repairs covered under the warranty must be completed in 7 business days or less.

1.19 NOTIFICATION AND COMPLIANCE

The Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. Should the Contractor fail to remedy any failure, defect, or damage within a reasonable time after receipt of notice thereof, the Government shall have the right to replace or repair and have the cost billed to the Contractor.

1.20 LATENT DEFECTS

The Warranty specified herein shall not limit the Government’s rights with respect to latent defects, gross mistake, or fraud.

1.21 ACCEPTANCE

Upon satisfactory submittal of the above documents, the Contracting Officer shall issue to the COR/OGR a recommendation for final acceptance of the project. Minor unfinished items of work may be listed on the certificate and excepted from final acceptance. A sum sufficient to cover the cost of completing these unfinished items of work will be withheld by the Government from the final payment. All other funds including retainage shall be due and payable upon receipt by the COR/OGR of the Contracting Officer's certificate. Upon certification by the Contracting Officer that the items of work have been completed, all monies withheld by the Government shall be due the Contractor

End of Section C

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

End of Section D

SECTION E – INSPECTION AND ACCEPTANCE

Clause Title Date 52.246-12 Inspection of Construction AUG 1996

AGAR 452.246-70 Inspection and Acceptance FEB 1998

(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:

USDA, ARS,

National Clonal Germplasm Repository, 1060 Martin Luther King Blvd., Riverside, CA. 92507

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

End of Section E

SECTION F – DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work APR 1984

52.211-10 Commencement, Prosecution, and Completion of Work

AUG 1996

The Contractor shall be required to

(a) commence work under this contract within 7 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 90 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

End of Section F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the USDA/ARS/PWA, 800 Buchanan St, Albany, CA, 94710.

G.2 POST-AWARD CONFERENCE

(a) Prior to the Contractor starting work, a post-award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at a time/location to be determined.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its offer.

G.3 AUTHORITIES AND DELEGATIONS

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.4 SUBMITTING PAYMENT REQUESTS

Prior to submitting payment request, the contractor needs to obtain COR/OGR and CO signature on form ARS 372 – Contractors Request for Payment Transmittal.

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is:

https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) https://www.ipp.gov/ within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc.

The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

End of Section G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

AGAR 452.236-72 Use of Premises 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.

AGAR 452.236-75 Maximum Workweek – Construction Schedule 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.

AGAR 452.236-75 Maximum Workweek – Construction Schedule 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.

End of Section H

SECTION I – CONTRACT CLAUSES

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

http://acquisition.gov

52.204-9 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Commercial Items)

FEB 2021

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Representation MAY 2020 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1998 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1998 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.223-3 Hazardous Material Identification and Material Safety Data Alt. I (July 1995)

FEB 2021

52.223-17 Affirmative Procurement of EPA-designated Items in Service And Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.228-11 Individual Surety—Pledge of Assets FEB 2021 http://acquisition.gov/

52.228-12 Prospective Subcontractors Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities Nov-1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction-Alt I FEB1997 52.236-26 Preconstruction Conference FEB 1995 52.243-5 Changes and Changed Conditions JUN 2007 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Termination for Convenience of the Government

(Fixed-Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

The contractor shall report to the environmental point of contact, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the contractor during the previous fiscal year.

• The report must be submitted no later than October 31 of each year during contract performance and at the end of contract performance.

• The environmental point of contact for all USDA Agencies is:

Karen Zhang Karen.Zhang@dm.usda.gov

Phone: 202-401-4747

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

52.225-9 Buy American – Construction materials FEB 2021

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners.

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item1:

Foreign construction material

Domestic construction material

Item2:

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

AGAR 452.288-71 Insurance Coverage NOV 1996

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

(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.

AGAR 425.232-70 Reimbursement for Bond Premiums – Fixed Price

Construction Contracts

NOV 1996

The contract price includes the total amount for premiums that the contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

AGAR 425.236-71 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 425.236-73 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 425.236-74 Control of Erosion, Sedimentation, and Pollution NOV1996 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 425.236-76 Samples and Certificates FEB 1998 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.

End of Section I

SECTION J – LIST OF ATTACHMENTS

Attachment Title Pages 1 Diagram and Pictures of Screenhouse 10 2 Davis Bacon Act WD#: CA20210025, Revision 5 30 3 ARS-372 - Contractor's Request for Payment Transmittal 1 4 Request for Information Form 2 5 ARS-371 - Construction Progress and Payment Schedule 2

End of Section J

SECTION K – REPRESENTATIONS AND CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

52.252-1 Provisions Incorporated by Reference FEB 1998 This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov

52.204-8 Annual Representations and Certifications MAR 2020

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238190

(2) The small business size standard is $16.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

(i) □ Paragraph (d) applies.

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

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

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

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

https://www.acquisition.gov/

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters.