12905B23R0019 Amend 01 Adding Drawings.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1100289

USDA ARS PWA AAO ACQ/PER PROP

800 BUCHANAN STREET

ALBANY CA 94710

ARS-12905B

THEODORE BLUME email theodore.blume@usda.gov

THEODORE BLUME 850-819-8885

1x 06/26/2023

12905B23R0019

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

Construction, development and testing for one (1) irrigation water supply well located at 4334 Putah Creek Road Winters CA 95694.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 150 calendar days and complete it within ________________ ________________ calendar days after receiving

07/26/2023

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA ARS PWA AAO ACQ/PER PROP

800 BUCHANAN STREET

ALBANY CA 94710

ARS-12905B

MICHAEL T. HASSETT

28. NEGOTIATED AGREEMENT 29. AWARD

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

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12905B23R0019

Offerors submitted proposals shall complete the attached Pricing Form following the SF-1442.

Failure to complete this form will result in your proposal being non-compliant and result in your proposal not being considered for award.

The Contractor shall provide all labor, materials, equipment, supplies, supervision and transportation needed to complete all work in accordance with the terms and conditions, drawings, SOW and other attachments set forth in the RFP to construct an irrigation well.

IAW FAR 36.204, the estimated magnitude of this project is between $500,000 and $1,000,000.

Completion shall be 150 days after Notice to

Proceed.

DOL General Decision # CA20230007 Mod 12 dated

5-5-2023 is applicable to this contract. Period of performance estimated 8-28-2023 to 1-25-2024

Delivery: 150 Days After Notice to Proceed

Delivery Location Code: ARS-129JC2

PWA NATL CLONAL GERMPLASM REP - TFN

NATL CLONAL GERMPLASM REPOSITORY

3201 STRALOCH ROAD

DAVIS CA 95616 US

Period of Performance: 08/28/2023 to 01/29/2024

0001 Wolfskill Irrigation Well Phase 1 Construction.

Contractor to provide all labor and materials for construction, development, and testing for one

(1) irrigation water supply well (Well 4) with an estimated pumping capacity of 600 gallons per minute (gpm). Work will include and is not limited to: site preparation, conductor casing and sanitary seal installation, borehole drilling, geophysical logging, casing and well screen installation, gravel envelope placement, transition and annular seals, well development and testing, wellhead security, and/or other work as necessary to complete the project as described in the Drawings and Specifications. The Well 4 borehole depth is expected to be approximately

910 feet below ground surface (bgs).

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12905B23R0019

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP #12905B23R0016

SECTION B- SUPPLIES OR SERVICES AND PRICE/COST

B.1 PROPOSAL SCHEDULE

In order to be considered responsive, a Proposal must address all items in the quantities stated in the schedule and adherence to Sections L and M of these Terms and Conditions.

B.2 SCOPE OF WORK

The USDA ARS requires that all labor, supervision, tools, and materials be provided to construct one irrigation water supply well with an estimated pumping capacity of 600 gallons per minute at Winters CA. All work shall be performed in accordance with the terms, conditions, drawings and specifications contained in this document.

B.3 SCHEDULE OF ITEMS

CLIN # Description Price/Cost

0001 The contractor shall provide all labor, equipment and materials to perform all requirements listed in the terms and conditions, drawings, Statement of Work and other attachments to this RFP to construct one irrigation water supply well.

TOTAL PRICE: $

Price list. Offeror’s shall complete the price list items below. CLIN 0001is the price basis for award. Amounts Bid for all other items shall be used to adjust payment only if addition to or deduction from the quantity of that line item varies from that shown in the construction documents, and the adjustment of quantity is accepted by the Engineer. Quantities are for bid purposes only to establish a price.

Item Description Unit Price Quantity Amount Bid

1 Adjust Price – per Vertical Foot of 26-inch diameter bore

2 Adjust Price – per Vertical Foot of 16-inch OD ASTM A53 Steel Casing, 3/8-inch wall, installed

3 Adjust Price – per Vertical Foot of 40-inch diameter Surface Seal

4 Adjust Price – per Vertical Foot of 32-inch OD ASTM A53 Steel Conductor casing, installed

5 Adjust Price – per Vertical Foot of 2-inch Schedule 40 ASTM A-53 Sounding Pipe

6 Adjust Price – per Vertical Foot of 3-inch Schedule 40 ASTM A-53 Gravel Fill Pipe

B.4 PERIOD OF PERFORMANCE

150 calendar days after issuance of the Notice to Proceed.

B.5 ADDITIONAL PROPOSAL INFORMATION

Proposals are to received no later than 5:00 p.m. Pacific Time, 26 July 2023. Proposal must be in writing and emailed to: Theodore Blume at theodore.blume@usda.gov .

(1) Any proposal, modification, or revision, that is received at the designated Government office after the exact time specified for receipt of proposals is "late" and will not be considered unless it is received before award is made, the contracting officer determines that accepting the late proposal would not unduly delay the acquisition; and-

(i) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(ii) There is acceptable evidence to establish that it was received at the Government directed email designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or

(iii) It was the only proposal received.

(2) However, a late modification of an otherwise successful proposal, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Proposal MUST BE ANNOTATED AS SUCH AND REFERENCE THE SOLICITATION

NUMBER.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 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.

C.2 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR

452.211-73) (FEB 1988)

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

C.3 BONDING

Bid Guarantee: A bid guarantee is not required for proposals less than $150K.

If a proposal is above $150K, a bid guarantee is required in an amount not less than 20 percent of the proposed price but shall not exceed $3,000,000 (for proposals of $35,000 or more).

mailto:theodore.blume@usda.gov

Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of proposals, shall require rejection of the proposal in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) electronic versions of Bid Guarantee will be accepted. Individual sureties have to be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of offer security are acceptable as denoted in solicitation provision FAR Part 28.203-2. The cost of a Bid Guarantees will not be reimbursed.

After award, in accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $35,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award.

C.4 BIOBASED PRODUCTS REQUIREMENTS

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified

• Paint Removers – 41 percent

• Roof Coatings – 20 percent

• Wastewater Systems Coatings – 47 percent

• Water Tank Coatings – 59 percent

• Wood and Concrete Sealers – Membrane Concrete Sealers- 11 percent and Penetrating

Liquids – 79

• percent

• Wood and Concrete Stains – 39 percent

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

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

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

http://www.biopreferred.gov/

C.5 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.6 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.7 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.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 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 contract.

C.10 OSHA COMPLIANCE

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

C.11 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 the Agricultural Research Service.

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 (FAR 52-252-2)

FAR NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION 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 and acceptance will be performed at:

USDA-ARS-PWA National Clonal Germplasm Repository 4334 Putah Creek Road Winters, CA 95694

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)

FAR CLAUSE TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR

52.211-10), ALT I (APR 1984)

The completion date is based on the assumption that the successful proposal will receive the notice to proceed by 28 August 2023. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the proposal.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer shall designate the Contracting Officer's Representative (COR) at the time of contract award, if one is required. The Contractor will be notified by letter of the name and duties of the COR if a COR is designated.

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement 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

If required by the SOW, on completion of work, 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 SUMMARY SHEET FORMAT

DATE

PROJECT LOCATION

CONTRACT NUMBER CONTRACTOR

CHANGE ORDER NO. DESCRIPTION

PRIME CONTRACTOR'S WORK

1. Direct Materials

2. Sales Tax on Materials

3. Direct Labor

% of line 1

% of line 3

% of line 5

% of line 7

4. Insurance, Taxes, and Fringe Benefits

5. Rental Equipment

6. Sales Tax - Rental Equipment $

7. SUBTOTAL (lines 1-6)

8. Overhead $

9. SUBTOTAL (add lines 7-8) $

SUBCONTRACTOR=S WORK

10. Direct Materials $

11. Sales Tax on Materials

12. Direct Labor % of line 10 $

13. Insurance, Taxes, and Fringe Benefits

14. Rental Equipment

15. Sales Tax - Rental Equipment % of line 12 $

16. SUBTOTAL (lines 10-15)

17. Overhead

18. SUBTOTAL (add lines 16-17)

19. Profit

20. SUBTOTAL (add lines 18-19)

% of line 14 $

% of line 16 $

% of line 18 $

SUMMARY

21. Primes Work (from line 9) $

22. Subs Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Primes Overhead on Sub % of line 16 $

25. Primes Profit % of line 16 $

26. SUBTOTAL (add lines 23-25) $

27. Primes Bond Premium % of line 26 $

28. TOTAL Cost $

Estimated time extension (if any and justification):

Signature and Title of Preparer Date

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL

SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30

PERCENT. FOR PRIME CONTRACTORS WORK ONLY, THE CUMULATIVE TOTAL

FOR OVERHEAD AND PROFIT SHALL NOT EXCEED 20 %.

G.6 INVOICE PREPARATION AND SUBMISSION

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

Email: Thomas.Goebel@usda.gov and Theodore.Blume@usda.gov

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

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

7. Taxpayer Identification Number (TIN) and SAM Unique Entity ID Number.

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

mailto:Thomas.Goebel@usda.gov mailto:Theodore.Blume@usda.gov

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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)

N/A

H.2 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.3 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 6:00 a.m. to 6:00 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 Day in June* Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October http://www.ipp.gov/

Veterans Day November 11* Thanksgiving Day Fourth Thursday in November Christmas Day December 25*

*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.4 SUBMITTALS AND SHOP DRAWINGS

a. The Contractor shall submit for approval, two (2) 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), 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 Order 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.5 AS-BUILT DRAWINGS AND OPERATIONS AND MAINTENANCE MANUALS

If As-Builts are required by the SOW, upon completion of the Contract, the Contractor shall submit to the Contracting Officer two (2) sets of neatly marked (in red) and labeled "As-Built" drawings and shall also submit three (3) copies of each Operations and Maintenance Manuals for any and all equipment furnished and/or installed by the Contractor under this contract. Final payment shall not be made unless and until such documentation is received and accepted by the Contracting Officer.

H.6 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least three (3) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

H.7 LIST OF MATERIALS

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

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

• Section heading of the specifications under which material is specified.

• Manufacturer’s name and address.

• Grade, type, trade or catalog number.

• Size, capacity, and other pertinent data.

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

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

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

H.8 COOPERATION WITH OTHER CONTRACTORS

During the period of construction for the work covered by this contract, other contractors performing work for the Government may be operating concurrently at the site. To minimize interference and delay to the construction progress of all concerned, all contractors shall cooperate with each other and coordinate their construction operations to the fullest extent. As far as practicable, all contractors performing work for the Government at the site shall have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter shall be referred to the Contracting Officer.

H.9 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance–-Work on a Government Installation, is in full compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government’s rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government’s rights, the Contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the Contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes and laws. The Contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the Contractor.

For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the Contractor.

This liability and responsibility includes the activities of all the Contractor’s personnel, their subcontractors and suppliers.

H.10 ENERGY EFFICIENCY

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.”

http://www.energystar.gov/

SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-9 Personal Identity Verification of Contractor Personnel Jan-2011 52.204-13 System for Award Management Maintenance Oct-2018 52.204-18 Commercial and Government Entity Code Maintenance Aug-2020 52.204-14 Service Contract Reporting Requirements Oct-2016 52.204-19 Incorporation by Reference of Representations and Certifications Dec-2014 52.204-23 Prohibition on Contracting for Hardware, Software and Services

Developed or Provided by Kaspersky Lab and 52.204-23

52.204-27 Prohibition on a ByteDance Covered Application Jun-2023

52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov-2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov-2020

52.219-6 Notice of Total Small Business Set-Aside Nov-2015 52.219-28 Post-Award Small Business Program Representation Mar-2023 52.222-3 Convict Labor Jun-2003 52.222-4 Contract Work Hours and Safety Standards – Overtime

Compensation May 2018

52.222-6 Construction Wage Rate Requirements Aug-2018 52.222-7 Withholding of Funds May-2014 52.222-8 Payrolls and Basic Records Jul-2021 52.222-9 Apprentices and Trainees Jul-2005 52.222-10 Compliance with Copeland Act Requirements Feb-1988 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-1988 52.222-15 Certification of Eligibility May-2014 52.222-26 Equal Opportunity Sep-2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr-2015

52.222-35 Equal Opportunity for Veterans Jun-2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun-2020

52.222-37 Employment Reports on Veterans Jun-2020 52.222-40 Notification of Employee Rights under the National Labor

Relations Act Dec-2010

52.222-50 Combating Trafficking in Persons Nov-2021 52.222-54 Employment Eligibility Verification May-2022) 52.222-55 Minimum Wages for Contractor Workers under Executive

Order 14026 Jan-2022

52.222-62 Paid Sick Leave under Executive Order 13706 Jan-2022

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

Sep-2013

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

Feb-2021

52.223-6 Drug-Free Workplace May-2001 52.223-15 Energy Efficiency in Energy-Consuming Products May-2020 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

52.223-21 Foams Jun-2016 52.227-4 Patent Indemnity-Construction Contracts Dec-2007 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 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 52.229-3 Federal, State, and Local Taxes Feb-2013 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 52.233-1 Disputes May 2014 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr-1984 52.236-3 Site Investigation and Conditions Affecting the Work Apr-1984 52.236-5 Material and Workmanship Apr-1984 52.236-6 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 Nov-1991 52.236-14 Availability and Use of Utility Services Apr-1984 52.236-15 Schedules for Construction Contracts Apr-1984 52.236-17 Layout of Work Apr-1984 52.236-21 Specifications and Drawings for Construction-Alt I Apr-1984 52.236-26 Preconstruction Conference Feb-1995 52.242-13 Bankruptcy Jul 1995 52.242-14 Suspension of Work Apr 1984 52.243-5 Changes and Changed Conditions Apr-1984 52.245-1 Government Property Sep-2021 52.246-12 Inspection of Construction Aug 1996 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) Alt I Sep 1996

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

Note: In addition to the requirements of FAR 52.223-2; 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).

L.2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (FAR 52.204-23) (NOV

2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or mailto:Karen.Zhang@dm.usda.gov

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of…