AMEND 2 - RFP 12905B24R0019- Air Handler replacement.pdf

AMENDMENT 2

RFP 12905B24R0019 Replacement of four rooftop air handlers, Wapato, WA

CONTINUATION OF SF1442

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PRICE SCHEDULE

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

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

(c) Definitions:

a. CLIN – Contract Line Item Number.

PRICE SCHEDULE

CLIN Supplies or Service Quantity and Unit Amount

0001 Replacement and associated costs for replacement of air handling unit AHU- 3, including TAB and cleaning of AHU-3. Add contract to provide TAB and cleaning services for supply and exhaust systems connected to AHU-3.

See attached "Specifications and Drawings"

1 LS $

Optional

CLIN

Replacement and associated costs for replacement of air handling unit AHU- 1, including TAB and cleaning of AHU-1. Add contract to provide TAB and cleaning services for supply and exhaust systems connected to AHU-1.

See attached "Specifications and Drawings"

1 LS $

Optional

CLIN

Replacement and associated costs for replacement of air handling unit AHU- 2, including TAB and cleaning of AHU-2. Add contract to provide TAB and cleaning services for supply and exhaust systems connected to AHU-2.

See attached "Specifications and Drawings"

1 LS $

Optional

CLIN

Replacement and associated costs for replacement of air handling unit AHU- 4, including TAB and cleaning of AHU-4. Add contract to provide TAB and cleaning services for supply and exhaust systems connected to AHU-4.

1 LS $

See attached "Specifications and Drawings"

Optional

CLIN

provide TAB services for existing hydronic system pumps.

See attached "Specifications and Drawings"

1 LS $

Deductive Alt

Keep existing pre-heat coil control valves for air handling units AHU-1, AHU-2, AHU-3, and AHU-4.

See attached "Specifications and Drawings"

Per AHU (Do not include in total price below).

TOTAL FOR PRICE SCHEDULE: $

B.2 SCOPE OF WORK

The United States Department of Agriculture (USDA) Agricultural Research Service (ARS) requires that all labor, supervision, tools, and materials be provided for building repairs as described in attached specifications and drawings.

The Schedule of Items includes Optional Items

The project is located at USDA, ARS, PWA Temperate Tree Fruit And Vegetation Research 5230

Konnowac Pass Road, Wapato WA 98951

B.4 PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

365 calendar days after Notice to Proceed (NTP) for the base item.

The period of performance for the option items will be 365 calendar days from the date of option award, if awarded by the government.

B.5 ADDITIONAL PROPOSAL INFORMATION

Proposal must be in writing and emailed to: Robert.skipper@usda.gov; Michael.Hassett@usda.gov.

Late proposals submitted after this deadline may not be considered.

PROPOSAL MUST BE ANNOTATED AS SUCH AND REFERENCE THE SOLICITATION

NUMBER. 12905B24R0019

End of Section B mailto:Robert.skipper@usda.gov

SECTION C – DESCRIPTION/SPECIFICATIONS

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 required for proposals.

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 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 the contract shall require both Payment and Performance Bonds (SF 25/SF25A).

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 products that fall under the umbrella of items designated through the USDA BioPreferred SM Program.

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7

U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal

Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal

Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential

Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and

Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases; biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this minor construction contract for which biobased products are available and the designated biobased content. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

• Adhesive and Mastic Removers – 58 percent

• Asphalt and Tar Removers - 80 percent

• Asphalt Restorers – 68 percent

• Carpet – 7 percent

• Carpet and Upholstery Cleaners – 54 percent and Spot Removers – 7 percent

• Composite Panels – Acoustical – 37 percent; Interior Panels – 55 percent; Plastic Lumber –

23 percent;

• Structural Interior Panels – 89 percent; Structural Wall Panels – 94 percent and Countertops and Solid

• Surface -_ 89 percent

• Concrete and Asphalt Cleaners – 70 percent

• Concrete and Asphalt Release Fluids – 87 percent

• Dust Suppressants – 85 percent

• Erosion Control Materials – 77 percent

• Floor Coverings (Non Carpet) – 91 percent

• General Purpose Cleaners - 54 percent

• Hand Soaps and Cleaners – 64 percent

• Industrial Cleaners – 41 percent

• Insulating Foam – 7 percent

• Leather, Vinyl, and Rubber Care Products – 55 percent

• Paint- Interior Paints and Coatings, Latex – 20 percent and Oil-based – 67 percent

• Paint Removers – 41 percent

• Roof Coatings – 20 percent

• Wastewater Systems Coatings – 47 percent

• Water Tank Coatings – 59 percent

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

Liquids – 79

• percent

• Wood and Concrete Stains – 39 percent

Reporting is required by Sections 9002 of the Food Conservation and Energy Act of 2008 and the

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

The Contractor should also note that USDA-designated biobased products are available for purchase through the AbilityOne Program (formerly known as the Javits- Wagner-O’Day (JWOD)

Program). Under this program, members of organizations including the National Industries for the

Blind (NIB) and the National Institute for the Severely Disabled (SourceAmerica) offer products and services that are mandatory by Federal agencies. A search of the AbilityOne Program’s online catalog (www.ability.gov) indicated biobased products that include but are not limited to: cleaners (glass, hand, and multipurpose), graffiti removers, and sorbents.

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.

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 http://www.biopreferred.gov/ 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 Agricultural Research Service.

End of Section C

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

End of Section D

SECTION E – INSPECTION AND ACCEPTANCE

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 Wapato - Temperate Tree Fruit & Vegetable Research

5230 KONNOWAC PASS ROAD

Wapato, WA 98951

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.

End of Section E

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

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

http://acquisition.gov

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 offeror will receive the notice to proceed by 20 days after contract award. 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 offer.

F.3 LIQUIDATED DAMAGES-CONSTRUCTION (52.211-12) SEPT 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $0 for each calendar day of delay until the work is completed or accepted.

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

(End of clause) http://acquisition.gov/

End of Section F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

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

G.2 POST-AWARD CONFERENCE

(a) Prior to the Contractor starting work, a post-award conference (as described in FAR

Subpart 42.5), will be convened by the contracting activity or contract administration office.

The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

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

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

Officer shall establish the date for the conference.

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

G.3 AUTHORITIES AND DELEGATIONS

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

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

The COR will be named at time of award.

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

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

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

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

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

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

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

Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the

Contractor's risk.

G.4 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 days after the date of receipt of award, the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371 (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 an offeror for partial or progress payments, when authorized in the payment provisions of this request for proposals, will not be treated as a handicap in making the award.

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.

https://www.ipp.gov/

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract

Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

Invoices shall not include information that would compromise Personally Identifiable

Information, such as full social security numbers, dates of birth, etc.

The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete.

The contractor must clearly identify the last payment as the “Final Invoice”.

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

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:

(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, andsurplus 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.

mailto:ippgroup@bos.frb.org

(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

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 Schedules for Construction Contracts (FAR 52.236-15)(APR 1984)

Within 10 (ten) calendar days after receipt of a written request from the Contracting Officer, the

Contractor must submit the following information in writing for approval:

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

The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work. The maximum workweek that will be approved is 8:00 a.m. to 4:30 p.m., Mon. thru Fri., excluding Federal holidays.

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

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.”

End of Section H

SECTION I – CONTRACT CLAUSES

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

52.202-1 Definitions Jun-2020

52.203-5 Covenant Against Contingent Fees May-2014

52.203-7 Anti-Kickback Procedures Jun -2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity

May-2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May-2014

52.203-11 Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions

Sep-2007

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

Jun-2020

52.203-17 Contractor Employee Whistleblower Rights Nov-2023

52.204-9 Personal Identity Verification of Contractor Personnel Jan-2011

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

Covered Entities

Dec-2023

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or

Equipment

Nov-2021

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

52.204-29 Federal Acquisition Supply Chain Security Act Orders—

Representation and Disclosures

Dec-2023

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Nov-2015

52.215-2 Audit and Records-Negotiation Jun-2020

52.215-8 Order of Precedence-Uniform Contract Format Oct-1997

52.219-8 Utilization of Small Business Concerns Feb-2024

52.219-9 Small Business Subcontracting Plan, ALT I (Nov 2016) Sep-2023

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

52.222-54 Employment Eligibility Verification May-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

52.223-17 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

52.225-25 Prohibition on Contracting With Entities Engaging in

Certain Activities or Transactions Relating to Iran—

Representation and Certifications

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 May-2014

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

52.228-17 Individual Surety—Pledge of Assets (Bid Guarantee) Feb-2021

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

52.232-39 Unenforceability of Unauthorized Obligations Jun-2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

Mar-2023

52.233-2 Service of Protest Sep-2006

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

52.236-26 Preconstruction Conference Feb-1995

52.236-28 Preparation of Proposals-Construction Oct-1997

52.243-5 Changes and Changed Conditions Apr-1984

52.244-6 Subcontracts for Commercial Products and Commercial

Services

Dec-2023

52.245-1 Government Property Sep-2021

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 1

Sept 1996

52.249-10 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 completed by following the instructions provided in the System for

Award Management (SAM).

I.2 BUY AMERICAN - CONSTRUCTION MATERIALS (FAR 52.225-9) (OCT 2022)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United

States and deemed critical to the U.S. supply chain. The list of critical components is at FAR

25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

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

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

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

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a

COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

None

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

(i)The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is…