12905B24R0014 with T-n-Cs and Attach I - II.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)

1128585

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 06/12/2024

12905B24R0014

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

11. The Contractor shall begin performance within

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

07/16/2024

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. 8/2014)

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12905B24R0014

The United States Department of Agriculture

(USDA), Agricultural Research Service (ARS), Pacific West Area Office has a construction requirement with a scope of work to install new

HVAC systems in the Reynolds Creek Experimental

Watershed (RCEW) Range Building at USDA-ARS-PWA

NWRC 20117 Upper Reynolds Creek Road in Murphy ID

83650. The Contractor shall provide all labor, equipment, materials, supplies, transportation, and supervision performing all required work in accordance with the terms and conditions, plans, and specifications for this requirement.

MAGNITUDE OF CONSTRUCTION PROJECT - In accordance with FAR 36.204, the magnitude of this project is between $500,000 and $1,000,000.

Completion date shall be 180 days from issuance of the Notice to Proceed.

Dept of Labor General Decision ID20240103 dated

1-12-2024 is applicable to this requirement.

Period of Performance: 08/01/2024 to 01/28/2025

0001 Range Building Base

Concrete

Metals

HVAC

Electrical

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

0002 Range Building Alternate 1

Concrete

Metals

HVAC

Electrical

(Option Line Item)

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP #12905B24R0014

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 to install new HVAC systems in the Reynolds Creek Experimental Watershed (RCEW) Building at USDA-ARS-PWA NWRC 20117 Upper Reynolds Creek Road in Murphy ID 83650.

B.3 SCHEDULE OF ITEMS

CLIN # Description Price/Cost

1001 Option

The Contractor shall provide all labor, supervision, tools, and materials to perform all work in accordance with (IAW) the attachments contained within this RFP for the eastern portion of the Range Building HVAC system (bunkroom, kitchen and shop).

Provide all labor, supervision, tools, And materials to perform all work IAW The attachments contained within this RFP for the option “Range Building Alternate I”. This includes the western portion of the Range Building HVAC system for the classroom.

NOTE: ALL WORK ASSOCIATED WITH THE REMOVAL AND INSTALLATION OF NEW

MECHANICAL IN THE QUONSET HUT AND NOTED AS ALTERNATE 02 IN THE

DRAWINGS IS NOT IN THIS CONTRACT.

B.4 PERIOD OF PERFORMANCE

Completion date no later than 180 days after issuance of the Notice to Proceed.

B.5 ADDITIONAL PROPOSAL INFORMATION

Proposals are to be received no later than 5:00 p.m. Pacific Time, Wednesday, 16 July 2024.

Proposal must be in writing and emailed to: Theodore Blume at theodore.blume@usda.gov .

mailto:theodore.blume@usda.gov

(1) Any proposal, modification, or revision, which 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, which 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.

CONTRACTOR SHALL COMPLETE I.3 BUY AMERICAN - CONSTRUCTION

MATERIALS (FAR 52.225-9) (OCT 2022) AND K.10 NOTICE OF BUY AMERICAN

REQUIREMENT – CONSTRUCTION MATERIALS (FAR 52.225-10)(May 2014) IF

APPLICABLE.

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

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). 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 proposal 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) proposal 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.

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.

http://www.biopreferred.gov/

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 exists.

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. Contractor and subcontractor employees shall be identified by a company uniform and/or company identification badge.

C.10 OSHA COMPLIANCE

Contractors 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 PWS NWRC

20117 Upper Reynolds Creek Road Murphy, ID 83650

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

(c) The Contracting Officer will notify the Contractor of any discrepancies and/or omissions noted at the final inspection by providing a "punch list" 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 Contractor shall be required to (a) commence work under this contract within 30 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 14 February 2025. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful proposer will receive the notice to proceed by Thursday 18 August 2024. The completion date will be adjusted by the number of calendar days before or 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.

F.3 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15) (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) ADDENDA

Paragraph (a) is modified to require the contractor to supply the practicable schedule, fifteen

(15) workdays prior to commencement of work to the Contracting Officer for approval.

F.4 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 PWS NWRC

20117 Upper Reynolds Creek Road Murphy, ID 83650

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 proposal.

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. RFP 12905B24R0012, Wolfskill Irrigation Well Phase II in Winters, CA.

(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. The 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 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

Within 14 days after the date of receipt of award, the contractor shall prepare and submit to the Contracting Officer for approval the original copy of ARS Form 371 (Attachment 3), Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372 (Attachment 2), it will be the basis for Requests for Partial Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as establishing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor. The need by a proposer for partial or progress payments, when authorized in the payment provisions of this request for proposals, will not be treated as a handicap in making the award.

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 .

Include an ARS Form 372, signed by the ARS program manager or COR in the ‘Recommended for Payment’ block.

“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 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) 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.”

https://www.ipp.gov/

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.

Both ARS-371 and 372 forms need to be signed by Govt before they can upload into IPP for payment.

G.6 CONTRACT CLOSEOUT

(a) Closeout Procedures:

• 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.

• Provide submittals required by governing authorities.

(b) Cleaning:

• Execute cleaning during progress of work and at completion of work.

• Reference other specification sections for additional specific work.

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

• At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

• Clean all sight-exposed surfaces.

• Leave project clean and ready for occupancy or use.

• All floors are to be broom and wet mop cleaned.

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

(c) Project Record Drawings:

• Maintain documents in clean, dry, legible condition.

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

• Label each document "Project Record."

• Keep record documents current.

• Do not conceal work until required information has been recorded.

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

(d) Operating and Maintenance Manuals:

• System Demonstration

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

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

• Warranties and Bonds:

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

• Submit within ten days after the date of substantial completion.

• 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.7 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 of 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.8 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 %.

End of Section G

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 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 Contract 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 contract.

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

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

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.4 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.5 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.6 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.7 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.8 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 include the activities of all the Contractor’s personnel, their subcontractors and suppliers.

H.9 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.”

SECTION I – CONTRACT CLAUSES

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

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

https://www.acquisition.gov/

(End of clause

52.201-1 Definitions Jun-2020 52.203-3 Gratuities Apr-1984 52.203-5 Covenant Against Contingent Fees May-2014 52.203-6 Restrictions on Subcontractors Sales to the Government Jun-2020 52.203-7 Anti-Kickback Procedures Jun-2020 52.203-8 Cancellation, Rescission, and Recovery of funds for Illegal May-2014 http://www.energystar.gov/ or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May-2014 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions Jun-2020

52.203-17 Contractor Employee Whistleblower Rights Nov-2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements Jan-2017

51.204-2 Security Requirements Alternative II Apr-1984 52.204-9 Personal Identity Verification of Contractor Personnel Jan-2011 52.204-10 Reporting Executive Compensation and first-Tier

Subcontracts Awards Jun-2020

52.204-13 System for Award Management Maintenance Oct-2018 52.204-14 Service Contract Reporting Requirements Oct-2016 52.204-18 Commercial and Government Entity Code Maintenance Aug-2020 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

Oct-2023

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

52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters

Oct-2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov-2015

52.215-8 Order of Precedence – Uniform Contract Format Oct-1997 52.219-6 Notice of Total Small Business Set-Aside Nov-2020 52.219-8 Utilization of Small Business Concerns Feb-2024 52.219-28 Post-Award Small Business Program Representation Feb-2024 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 52.222-21 Prohibition of Segregated Facilities Apr-2015 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

May-2024

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

Feb-2021

52.223-5 Pollution Prevention and Right-to-Know Information May-2024 52.223-6 Drug-Free Workplace May-2001 52.223-20 Aerosols May-2024 52.223-21 Foams May-2024 52.223-23 Sustainable Products and Services May-2024 52.225-13 Restrictions on Certain Foreign Purchases Feb-2021 52.226-7 Drug-Free Workplace May-2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving May-2024

52.227-1 Authorization and Consent Jun-2020 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement Jun-2020

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 Dec-2022 52.228-13 Alternative Payment Protections Jul-2000 52.228-14 Irrevocable Letter of Credit Nov-2014

52.228-15 Performance and Payment Bonds – Construction Jun-2020 52.229-3 Federal, State, and Local Taxes Feb-2013 52.232-5 Payments Under Fixed-Price Construction Contracts May-2014 52.232-16 Progress Payments Nov-2021 52.232-17 Interest May-2014 52.232-23 Assignment of Claims May-2014 52.232-27 Prompt Payment for Construction Contracts Jan-2017 52.232-33 Payment by Electronic funds Transfer-System for Award

Management Oct-2018

52.232-39 Unenforceability of Unauthorized Obligations Jun-2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Mar-2023

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 52.236-17 Layout of Work Apr-1984 52.236-21 Specifications and Drawings for Construction-Alt I Apr-1984 Feb=1997 52.236-26 Preconstruction Conference Feb-1995 52.242-13 Bankruptcy Jul 1995 52.242-14 Suspension of Work Apr 1984 52.243-4 Changes Jun-2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services Feb-2024

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) Apr-2012

52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan-1991

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 be completed by following the instructions provided in the System for Award Management (SAM).

I.2 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (Nov-2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is…