Solicitation_Clauses-_Houston_PIS_Lab_Reno.pdf

Document No.

AG-32KW-S-17-0009

Contractor:

TBD

Document Title:

Houston PIS Phase I Lab Renovation

Section C - Description/Specifications

C.1

1.1 Title: Houston Plant Inspection Station (PIS) Laboratory Renovation Project

1.2 Location: 19581 Lee Road, Humble Texas 77338

1.3 Project Background: The U.S. Department of Agriculture (USDA), Animal Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) , Houston Plant Inspection Station moved into a new facility built by the Houston Airport System (HAS) in May 2005. PPQ incurred no cost for the facility, and maintains a no cost lease. As part of the move into the new facility, existing built-in laboratory furniture and plumbing fixtures were also moved from the previous facility into the new facility by HAS. This resulted in a variety of mismatched laboratory furniture and fixtures that have experienced damage beyond repair, does not provide the optimal configuration for daily work flow, and does not meet various requirements of the current Agency Specific Requirements for Identifier Laboratories (ASR). Over the years the condition of said laboratory furniture and fixtures have continually worsened due to the lack of laboratory grade materials made to sustain a laboratory setting as per the ASR. As a result, the laboratories are in need of renovations to address the current inadequacies, and meet the current standards of the

ASR.

1.4 Project Description: USDA is seeking award design build services to provide Architectural and Engineering Design and Construction Services for the Houston PIS.

Project requirements shall include but not be limited to the removal of the existing cabinetry, countertops, sinks, over the sink eyewash stations, associated plumbing, work stations and associated electrical. The Contractor shall furnish and install new laboratory benches, cabinetry, countertops, sinks, faucet fixtures, over the sink eyewash stations, associated plumbing, workstations and LED lighting per the Agency Specific Requirements and the design documents.

Items that are unclear in this SOW shall be brought to the attention of the EPM and CO prior to incurring costs.

The Contactor and their AE shall participate in a meeting at the job site with the PPM to discuss the project requirements above. The Contractor shall confirm existing conditions and validate measurements. The Contractor and/or AE shall take minutes which shall accompany this SOW.

The Contracting Officer (CO) will issue two notices to proceed. The first will be the Notice to Proceed for Design Services. The Contractor shall develop a design package that includes signed and sealed drawings, specifications along with a construction cost estimate for review and approval. Once the design is reviewed and approved, the CO will issue the Notice to Proceed for Construction Services. All work shall comply with all applicable federal, state & local building/construction codes.

1.5 Project Data: The following information is available for use and compliance:

• May 2014 Generic Lab ASR.docx

• USDA-Lab Renovation Drawing-Rev 2.pdf

• GSAQ1312.pdf

• APHIS Environmental Protection Program:

http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental_pr otection_program.pdf

• Preferred Biobased Products found at http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx

• Recommended Recycled-Content Construction Material found at http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct

• Designated Green Products for Federal Procurement (see separate Excel Spreadsheet:

All_Green_Products_07-09.xls).

• USDA Green Purchasing Affirmative Procurement Program:

http://greening.usda.gov/gpapp08.pdf

• USDA Sustainable Buildings Implementation Plan

1.6 Attachments to this Statement of Work: The following attachments are provided for use and compliance:

• All_Green_Products_07-09.xls

2.0 PROJECT CONTACT PERSONS:

2.1 Contracting Officer (CO):

Herbert Suber USDA, APHIS, ASD Specialized Contracting Branch 4700 River Road, Unit 45 (3A-03H) Riverdale, MD 20737 - 1238 Tel. No.: (301) 851-2687 Fax No.: (301) 734-4846 E-mail: Herbert.L.Suber@aphis.usda.gov

2.2 Contracting Specialist (CS):

Margaux Nenichka USDA, APHIS, ASD Specialized Contracting Branch 4700 River Road, Unit 115 (3A-03-55) Riverdale, MD 20737 - 1238 Tel. No.: (301) 851-2716 Fax No.: (301) 734-4846 E-mail: Margaux.G.Nenichka@aphis.usda.gov

2.3 Engineering Project Manager (EPM):

Toni T Mitchell

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115 (3A-03-39) Riverdale, MD 20737 - 1238 Tel. No.: (301) 851-2630 Fax No.: (301) 734-4846 E-mail: Toni.T.Mitchell@aphis.usda.gov

2.4 PPQ National Facility Manager

Wendell L. Leonard

USDA, APHIS, PPQ

4700 River Road, Unit 30 (Rm. 5C-03f) http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct http://greening.usda.gov/gpapp08.pdf mailto:Herbert.L.Suber@aphis.usda.gov mailto:Margaux.G.Nenichka@aphis.usda.gov mailto:Toni.T.Mitchell@aphis.usda.gov

Riverdale, MD 20737 Tel. No.: (301) 851-2648 Cell No.: (301) 221-1074 Email: Wendell.L.Leonard@aphis.usda.gov

2.5 Program Project Manager (PPM):

Alejandro Gammon 19581 Lee Road Humble, TX 77338 Tel. No: (281)982-9540 Email: Alejandro.A.Gammon@aphis.usda.gov

2.6 Facility Manager (FM):

2.7 PPQ Field Operations Contact:

2.8 PPQ Safety Officer:

2.9 APHIS Biosafety Manager:

Eilyn Fabregas Biosafety Program Manager

USDA, APHIS, EMSSD, SHEPB

4700 River Road, Unit 124, Room 2A-02.36 Riverdale, MD 20737

PH: 301-436-3117

Fax: 301-734-7828 E-mail: Eilyn.N.Fabregas@aphis.usda.gov

2.10 APHIS Industrial Hygienist:

Gerald Houvener Industrial Hygienist

USDA, APHIS, EMSSD, SHEPB

Room 2A-02.49

4700 River Road, Unit 124 Riverdale, MD 20737-1238 Tel. No.: 301-436-3150 Fax No.: 301-734-7828

E-mail: Gerald.Houvener@aphis.usda.gov

2.11 APHIS Environmental Protection Specialist:

Daniel Weissman Environmental Protection Program Manager

USDA, APHIS, EMSSD, SHEPB

Room 2A-02.48 4700 River Road, Unit 124 Riverdale, MD 20737-1238 Phone: 301-436-4114 Fax: 301-734-7828 E-mail: Daniel.Weissman@aphis.usda.gov mailto:Wendell.L.Leonard@aphis.usda.gov mailto:Alejandro.A.Gammon@aphis.usda.gov mailto:Eilyn.N.Fabregas@aphis.usda.gov mailto:Gerald.Houvener@aphis.usda.gov mailto:Daniel.Weissman@aphis.usda.gov

2.12 APHIS OSHA Specialist:

2.13 Realty Section:

George Hartson (Branch Chief)

USDA APHIS MBS

Butler Square, Suite 610C 100 N. 6th Street Minneapolis, MN 55403 Tel. No.: 612-336-3214 Fax No.: 612-336-3553 E-mail: George.A.Hartson@aphis.usda.gov

2.14 APHIS Security Chief

Ken Miller

USDA-APHIS-EMSSD

2150 Centre Avenue, Bldg B Ft. Collins, CO 80526 Tel. No.: 970-494-7169

FAX: 970-494-7117

E-mail: Kenneth.W.Miller@aphis.usda.gov

2.15 APHIS Telecommunications Specialist

John Brinsko

USDA, APHIS, TRM

4700 River Road, Unit 104, Rm 2D05 Riverdale MD 20737 Phone: 301-734-7651 Fax: 301-734-7965 E-mail: John.Brinsko@aphis.usda.gov

3.0 SCOPE OF SERVICES:

3.1 Predesign Phase Services: The Designer of Record shall provide all services necessary for performance of the following tasks marked by an “X”.

[X] Pre-Proposal Meeting at job site to determine A-E resources required.

[] Field Investigation of Probable Site Locations [X] Field Investigation of Site Conditions; Meeting with the Users and meeting minutes.

[] Program of Requirements, Draft and Final [] Asbestos Consultant [] NEPA Documentation [] Environmental Assessment [] Environmental Impact Statement [] Investigative Report/Studies [] Interview meetings with users and meeting minutes [] Topographical Survey Services [] Geotechnical Engineering Services [] Draft A-E Study for review and comment.

[] Final A-E Study [] Preliminary Site Plan and Site Utilities Plan [] Space Programming and Conceptual Design Drawings mailto:John.Brinsko@aphis.usda.gov

[] Options Presentation [X] Preliminary Construction Cost Estimates

3.2 Design Phase Services: The Contractor shall provide all services necessary for performance of the following tasks marked by an “X”.

[ ] 50% Design Submittal for review and comment.

[X] 95% Design Submittal for review and comment.

[X] 100% Design submittal for back check review.

[X] Design Progress Meetings and Meeting Minutes.

[X] Turnover Construction Drawings/Specifications signed and sealed

3.3 Preconstruction Phase Services: The Contractor shall provide all professional services necessary for the accomplishment of the contract project as described in this Statement of Work.

The Contractor shall provide Preconstruction Phase Services for the following tasks marked by an "X".

[X] Proposal and Construction Schedule [X] Participate in the Post Award Meeting at the facility

3.4 Construction Phase, Designer of Record Services: The Designer of Record shall provide all services necessary for performance of the following tasks marked by an “X”.

[X] Approve shop drawings, submittals and schedules. Provide one information copy of all approvals to the COR, PPM and EPM.

[X] Evaluate and provide written response to all Requests For Information (RFIs) from the contractor. Provide one information copy of all answered RFIs to the COR and EPM.

[] Review and approve contractor’s Test and Balance (TAB) reports. Provide one information copy of approved TAB to the COR and EPM.

[X] Appropriate Design Team Disciplines shall participate with the COR in critical inspections to evaluate contractors compliance with design documents.

[X] Appropriate Design Team disciplines shall participate with the COR and EPM in final inspection.

[X] Record deficiencies during final inspection and provide Punch List to COR and EPM.

[X] Obtain warranties and turn over to COR.

[X] Provide written certification to the CO that the project was constructed in compliance with design documents and is ready for final acceptance.

[] Transfer As-Built information to Record CADD drawings. Furnish Record drawings and specifications as follows:

Three full size sets of prints, three half size sets of prints, and three sets of CD’s to

COR.

Two full size sets of prints, two half size sets of prints, and two sets of CD’s to Engineering Project Manager.

Construction Services shall be performed strictly as required by the rules, regulations, standards, codes, ordinances and laws of Local, State and Federal Governments and all other authorities that have legal jurisdiction over the site.

4.0 PROJECT REQUIREMENTS:

4.1 Fee Proposal and Schedule: Based upon this SOW, the Contractor shall prepare an itemized fee proposal and schedule for services required to complete the project. Fee proposal shall show tasks, the disciplines required, number of hours for each discipline, labor costs for each discipline/trade, material costs, travel costs, etc. A cover letter shall set forth all assumptions made in developing the fee proposal and indicate the costs for each task. Requirements for the fee proposal and schedule are defined in paragraphs 4.9 “Cost Estimates” and 5.0 “Project Submittal Schedule,” respectively.

4.2 Field Investigation and Site Survey: The Contractor shall coordinate with the PPM, and inform the CO and EPM of all scheduled site investigations. The Contractor shall coordinate, schedule, and conduct site investigations and project meetings at the project location with the PPM and EPM. Contractor shall investigate proposed construction site to ascertain site conditions including interviewing the User to ensure all requirements are captured and to mitigate rework.

4.3 Compliance with Building Codes: In accordance with Public Law 100-678, federal agencies must comply with national building codes, local building codes, and zoning ordinances. The Contractor shall comply with the appropriate statutes governing the signing and sealing of engineering reports and drawings. Accordingly, final construction drawings and specifications and/or document submittals shall be signed and sealed by Professional Architects and Engineers registered to practice in the state were the project is located. Project design shall comply with “USDA Facilities Design Standards” provided in section 1.5 “Project Data”.

4.4 Compliance with Local Building Officials: Public Law 100-678 requires federal agencies to offer local building officials the opportunity to review projects for code conformance. The design effort must include coordination efforts with the local building officials including officials at the military base, etc.

The federal Government will not pay for reviews. If the code authority declines to review the project without payment, the Contractor shall document the effort was made to coordinate with the code authority, but that they declined the offer. If the code authority chooses to review the design without payment, the Contractor shall coordinate all project submissions with the local code authorities.

Contractor is responsible for paying all charges arising out of required inspections by the codes, permits, licenses or otherwise may be required by an authorized body.

4.5 Code Analysis: The Contractor shall submit a code analysis for the building indicating compliance with applicable codes, occupancy classifications, type of construction, and environmental permitting for the subject project.

4.6 Electronic Files: Drawings related to this effort will be prepared using computer aided design and drafting (CADD), AutoCAD for Windows, and will be in .DWG files. Electronic and hard copy formats of the drawings and specifications will be provided to USDA.

4.7 Progress Design Reviews: The Government will review and provide comments on each submittal.

The Contractor shall prepare an itemized response to indicate if the Contractor disagrees or concurs with the comments, and if a correction or change will be made to the submittal. All review comments must be resolved by the Contractor prior to submitting final documents. Contractor to ensure that submittal are appropriately identified with a revision date and number.

4.8 Construction Submittal The Contractor will provide an electronic copy to the Government of all submittals required, including product data, samples, certificates, maintenance manuals, warranties, start of warranties, and length of warranties. All green products specified shall be included in the submittal register for tracking and verification that specified green products are used during construction.

4.9 Cost Estimates: Cost estimates shall be developed based on the level of design. Construction costs shall be presented in CSI Master Format 2004 in sufficient detail to facilitate a review and verification of all quantities and cost assumptions. The construction cost estimate must be based on the midpoint of construction, if applicable, so inflation might need to be included. The assumed mid-point of construction must be clearly stated on the estimate form. The construction cost estimates shall include all associated parts of the construction such as subcontractor overhead and profit with associated percentages, contingencies, general requirements, travel costs, bonding, soft costs (i.e., design, environmental assessment, permitting, inspection services/contract administration and designer of record services), etc. to ensure all aspects of the project are addressed. Submit cost estimate for Government review and approval.

4.10 Meeting Minutes: The Contractor shall document and distribute all project meeting minutes.

The meeting minutes need only record the date, time, location, attendees, major issues discussed, and conclusions reached. Contractor shall prepare to facilitate weekly or bi-weekly construction progress meetings as deemed appropriate by the PPM/COR.

4.11 Tracking of Green Products: Contractor shall incorporate into the project design appropriate green products. Contractor shall track and report on green products specified with each submittal. At a minimum, the Contractor shall prepare a table that lists green products incorporated into the project, product category, green category (such as biobased, recycled-content, energy saving, water saving) along with estimated quantity and value of the green product.

4.12 Specifications to include Preferred Biobased Products: Contractor shall incorporate into the project design appropriate biobased products. Contractor shall track and report on biobased products specified with each submittal. A list of preferred biobased products can be found at http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx

4.13 Specifications shall include Recycled-Content Construction Material: Contractor shall incorporate into the project design appropriate recycled-content material. Contractor shall track and report on recycled-content products specified with each submittal. A list of recommended recycled-content construction material can be found at http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct.

5.0 Project Schedule:

5.1 Project Schedule Submittal: The schedule provided indicates project requirements for each submission and review stage. It is provided for negotiation with the Contractor for setting contract time requirements for meeting contract submissions and construction deadlines. A minimum of 10 working days for review time will be required by the Government.

(Working days)

Proposal and Construction Schedule TBD Award 5 days Post Award Meeting within 10 days of award Design Documents (Drawings and Specifications) 30 days Government Review/Approval 10 days Notice to Proceed for Construction within 5 days Product Data Submittals 14 days Construction Period 60 days

Close out/ Warranty 14 days

6.0 Submittal Distribution:

Proposal and Design Schedule (Electronic) Contract Specialist (Margaux Nenichka): 1 copy http://www.biopreferred.gov/ProposedAndFinalItemDesignations.aspx http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm%23construct

Design Submittals, Specifications, Meeting Minutes, Product Submittals for Review:

Engineering Project Manager (Toni T Mitchell): 4 copies and electronic Program Project Manager: 1 copy and electronic

Warranty and Closeout Documentation:

Engineering Project Manager (Toni T Mitchell): 1 copy and electronic Program Project Manager: 1 copy and electronic

C.2 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (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.

(End of clause)

C.3 452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS (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.

Section D - Packaging and Marking

No Clauses Are Included in This Section

Section E - Inspection and Acceptance

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

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

http://www.arnet.gov/far

(End of clause)

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

NUMBER TITLE DATE

52.246-12 Inspection of Construction AUG 1996

E.2 452.246-70 INSPECTION AND ACCEPTANCE (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:

Laboratory Renovation Project

USDA, APHIS, PPQ

Houston Plant Inspection Station (PIS) 19581 Lee Road Humble, Texas 77338

Section F - Deliveries or Performance

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

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

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

NUMBER TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 150 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F.3 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from January 13th, 2017 through June 12th, 2017.

F.4 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from date of award through 150 calendar days after the notice to proceed.

(End of Clause)

Section G - Contract Administration Data

G.1 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) for this project is the point of contact listed in Section C, paragraph 2.5 above.

G.2 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 10 calendar days after the date of receipt of the Notice to Proceed, the Contractor shall prepare and submit an original APHIS Form 38, Construction Progress and Payment Schedule. This Schedule shall first be submitted to the Contracting Officer’s Representative (COR) for approval. After approval by the Contracting Officer, a copy of the approved schedule will be returned to the Contractor and the COR for their file. This file will serve as a Schedule of Estimates, Progress Schedule; and when used with APHIS FORM 39-R, Contractor’s Request for Payment, it will be used as a basis for requesting progress payments. The values employed in making the schedule will be used only for determining progress payments and will not be considered as fixing a basis for additions to or deductions from the contract.

(b) A sample of both APHIS Forms 38 and 39-R are made part of this package. A small supply of these forms will be given to the Contractor with his Notice to Proceed.

Additional copies will be made available from the Contracting Officer upon request.

(c) APHIS Form 38 is required even when progress payments are not requested.

(d) Release From Claims: Upon satisfactory completion of all work under this contract, the

Contractor shall furnish a “release of claims” to the Government arising under and by virtue of the contract. The Contractor shall complete and submit with his final billing a statement using the following language:

“For and in consideration of the receipt of final payment in the amount of $ ________________ under and pursuant to Contract Number ________________, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract”.

G.3 BENEFICAL OCCUPANCY/SUBSTANTIAL COMPLETION AND ACCEPTANCE

Attachments 4 and 5 will be used to request and then document substantial completion and acceptance when all contract requirements are complete. The Government may execute substantial completion of the project incrementally for discrete/severable portions of the project.

G.4 SUBCONTRACTOR/VENDOR LIST

On a monthly basis, the contractor will be required to provide a list of subcontractors and vendors utilized for the project. Upon completion by each subcontractor or vendor, a release of claims is to be obtained and a copy provided to the COR.

G.5 CONTRACT CHANGE FORMAT

The provisions of Changes Clause (FAR 52.243-4), or Changes and Changed Conditions (FAR 52.243-5), as applicable, are to be adhered to for submittal of request for changes/change order.

See attachment 2. All change order requests shall address cost and schedule so that an informed decision can be made regarding its approval or disapproval.

G.6 DEFINITIONS

Substantial Completion – the stage in construction when a project or designated portion thereof, has reached a state of completion which would permit the occupancy and/or use of the facility by the Department of Agriculture for its intended function. Unless otherwise indicated, the date of Substantial Completion, as acknowledged by the Government, is also the date of commencement of all warranties and guarantees required by the contract documents.

G.7 INSURANCE

When the required insurance is obtained, the contractor should list the following entities as “also insured” parties in addition to the USDA, APHIS.

N/A

Section H - Special Contract Requirements

H.1 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H.2 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means—

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the “Disputes” clause.

https://www.law.cornell.edu/uscode/text/5/552a

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.3 452.228-71 INSURANCE COVERAGE (NOV 1996) ALT I (NOV 1996)

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

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

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

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

H.4 452.236-71 PROHIBITION AGAINST THE USE IF LEAD-BASED PAINT (NOV

1996)

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

H.5 452.236-72 USE OF PREMISES (NOV 1996)

(a) 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 a campsite or trailer parking area of any employee working on the project for the Contractor.

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

H.6 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV

1996)

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

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

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

H.7 452.236-75 MAXIMUM WORKWEEK—CONSTRUCTION SCHEDULE (NOV 1996)

Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

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

(b) 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 40 hours.

H.8 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

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

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

Section I - Contract Clauses

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

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

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

NUMBER TITLE/DATE

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEPT 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION. RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2015)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSUBILITY MATTERS (JUL 2013)

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT

1997)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL

2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

(FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

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 (FEB 1988)

52.222-13 COMPLIANCE WITH CONSTRUCTIO WAGE REQUIREMENTS AND

RELATED ACT 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 (APRIL 2015)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APRIL 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL

2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIO-BASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

(SEPT 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

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 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT

2010)

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL

ADJUSTMENTS (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-16 PRPOGRESS PAYMENTS (APR 2012)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

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)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES—FIXED PRICE (AUG 1987)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016)

52.245-1 GOVERNMENT PROPERTY (APR 2012)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING - CONSTRUCTION (OCT 2015)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (SHORT FORM) (APR 1984)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.2 52.209-9 UPDATES OF PUBLICLY AVALIABLE INFORMATION

REGARDING REPSPONSIBILITY MATTERS (Jul 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.3 52.216-9 FIXED FEE—CONSTRUCTION (JUN 2011)

(a) The Government shall pay to the Contractor for performing this contract the fixed fee specified in the Schedule.

(b) Payment of the fixed fee shall be made in installments based upon the percentage of completion of the work as determined from estimates submitted to and approved by the Contracting Officer, but subject to the withholding provisions of paragraph (c) of this section.

(c) The Contracting Officer shall withhold a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government’s interest. The Contracting Officer shall http://acquisition.gov/far/current/html/Subpart%2042_15.html#wp1075411 http://acquisition.gov/far/current/html/52_207_211.html#wp1145644 release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor’s past performance related to the submission and settlement of final indirect cost rate proposals.

(End of clause)

I.4 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to point of contact listed in Section C, paragraph 2.8, Environmental Protection Specialist, with info copy to CO for file.

I.5 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm

I.6 52.225-9 Buy American—Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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.

“Component” means an article, material, or supply incorporated directly into a construction material.

“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—

(3) 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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

“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 component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

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

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

[Contracting Officer to list applicable excepted materials or indicate “none”] https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_5.html#wp1077123

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction…