AG-32SC-S-14-0012.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

679630

ARS EBSC Contracting, Acquisition, ARS EBSC Contracting, Acquisition, 1815 N UNIVERSITY ST

PEORIA IL 61604

ARS-EBSC-0325-05-P

USDA/ARS/Eastern Business Service Cente

Attn: Joshua J. Dobereiner 1815 N. University Street Peoria, IL 61604

JOSHUA DOBEREINER 309-681-6410

1x 03/14/2014

AG-32SC-S-14-0012

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

Repair or replacement of the existing irrigation pumping station at the United

States National Arboretum.

The North American Industry Classification System (NAICS) Code is 221310. The Small

Business Size Standard is $25.5 Million.

The magnitude of construction is estimated to be between $25,000 and $100,000.

NOTE: Email responses in Adobe PDF format are hereby authorized for the submittal of offers and proposal information.

POC: Joshua J. Dobereiner, Contracting Officer

Phone: 309-681-6410

Email: josh.dobereiner@ars.usda.gov

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 45 calendar days and complete it within ________________ ________________ calendar days after receiving

03/31/2014

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

ARS EBSC Contracting, Acquisition, ARS EBSC Contracting, Acquisition, 1815 N UNIVERSITY ST

PEORIA IL 61604

ARS-EBSC-0325-05-P

JOSHUA J. DOBEREINER

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 52

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-32SC-S-14-0012

REPAIR OR REPLACEMENT OF EXISTING IRRIGATION

PUMPING STATION AT THE UNITED STATES NATIONAL

ARBORETUM

Delivery: 45 Days After Notice to Proceed Delivery Location Code: ARS-BA-1230-01

U.S. NATIONAL ARBORETUM

3501 NEW YORK AVENUE, NE

WASHINGTON DC 20002 US

FOB: Destination

001 REPAIR OR REPLACEMENT OF EXISTING IRRIGATION

PUMPING STATION AT THE UNITED STATES NATIONAL

ARBORETUM

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG-32SC-S-14-0012

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION, OFFER, AND AWARD_________________________1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT____________________________________________7

B.2 SCHEDULE OF ITEMS_____________________________________________7

B.3 PERFORMANCE TIME_____________________________________________7

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS____________________________8

C.2 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS___________8

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL___________8

SECTION D - PACKAGING AND MARKING_________________________________9

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FINAL INSPECTION______________________________________________10

E.2 FINAL ACCEPTANCE_____________________________________________10

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE_________________________11

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK______11

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER_________________________________________12

G.2 CONTRACTING OFFICER'S REPRESENTATIVE_______________________12

G.3 CONTRACT CLOSEOUT__________________________________________12

G.4 AS-BUILT DRAWINGS____________________________________________14

G.5 RELEASE FROM CLAIMS_________________________________________15

G.6 SUPPLEMENT TO CHANGES CLAUSE______________________________16

G.7 POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE________17

G.8 INVOICE PREPARATION AND SUBMISSION__________________________18

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DIFFERING SITE CONDITIONS_____________________________________20

H.2 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK_______20

H.3 MATERIAL AND WORKMANSHIP___________________________________21

H.4 PERMITS AND RESPONSIBILITIES_________________________________22

H.5 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS__________________________________22

H.6 AVAILABILITY AND USE OF UTILITY SERVICES_______________________22

H.7 SCHEDULES FOR CONSTRUCTION CONTRACTS_____________________23

H.8 SCHEDULES FOR CONSTRUCTION CONTRACTS - SUPPLEMENT_______23

H.9 USE OF PREMISES______________________________________________24

H.10 SAMPLES AND CERTIFICATES____________________________________24

H.11 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)__24

H.12 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE______________25

H.13 WAGE DETERMINATION__________________________________________26

H.14 UTILITIES OUTAGE______________________________________________26

H.15 COOPERATION WITH OTHER CONTRACTORS_______________________26

H.16 SUBMITTALS AND SHOP DRAWINGS_______________________________27

H.17 LIST OF MATERIALS_____________________________________________28

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE_________________________29

I.2 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELIQUENT

STATUS FOR CORPORATE APPLICANTS____________________________30

I.3 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS________________________31

I.4 BUY AMERICAN ACT - CONSTRUCTION MATERIALS__________________32

I.5 BID GUARANTEE________________________________________________35

I.6 REIMBURSEMENT FOR BOND PREMIUMS - FIXED-PRICE CONSTRUCTION

CONTRACTS___________________________________________________36

I.7 ORDER OF PRECEDENCE________________________________________36

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS__________________________________________37

PART IV - REPRESENTATIONS, CERTIFICATIONS, INSTRUCTIONS, AND OTHER

STATEMENTS OF THE OFFEROR

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFEROR

K.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE_________38

K.2 ANNUAL REPRESENATIONS AND CERTIFICATIONS__________________38

K.3 REPRESENTATION BY CORPORATIONS REGARDING UNPAID

DELINQUENT TAX LIABILITY OR FELONY CONVICTION________________43

K.4 DUPLICATION OF COST__________________________________________44

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

QUOTERS

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE_________45

L.2 TYPE OF CONTRACT____________________________________________45

L.3 DAVIS-BACON ACT - SECONDARY SITE OF THE WORK_______________45

L.4 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION___________46

L.5 NOTICE OF BUY AMERICAN ACT REQUIREMENT - CONSTRUCTION

MATERIALS____________________________________________________47

L.6 SITE VISIT (CONSTRUCTION)_____________________________________48

L.7 INQUIRIES_____________________________________________________49

L.8 AMENDMENTS TO PROPOSALS___________________________________49

L.9 ALTERNATIVE FORMS OF SECURITY_______________________________49

L.10 INSTRUCTION FOR THE PREPARATION OF PAST PERFORMANCE,

PRICE PROPOSAL BREAKDOWN, BUSINESS PROPOSAL, AND

TECHNICAL PROPOSAL__________________________________________49

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD______________________________________________52

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all necessary labor, materials, equipment supplies, transportation, supervision, etc., in order to perform all elements of the work identified in the Statement of Work and Specifications, and in accordance with the clauses, specifications, attachments, and other terms and conditions set forth herein to repair or replace existing irrigation pumping station at the United States National Arboretum.

B.2 SCHEDULE OF ITEMS

Contractor agrees to perform all required work as described in the below referenced items and contract specifications/drawings. In order to be considered responsive, an offeror must propose on all items:

Item Description Price/Cost

BASE ITEM

01 Retrofit, repair and clean existing 700 (800-1,000) GPM @ 140 PSI pumping station, per attached Statement of Work.

ALL FOR THE LUMP SUM OF…………….$__________

OPTIONAL ITEMS

02 Optional Item #1 - Replace entire pumping station equivalent or exceeding the existing 700 (800-1,000) GPM @ 140 PSI pump station starting after the back flow preventers, per attached Statement of Work.

ALL FOR THE LUMP SUM OF…………….$__________

03 Optional Item #2 - Additional equipment purchased as standby for future repairs:

Electronic Butterfly Valves and Actuators - QTY 1 5 HP Vertical Centrifugal Pressure Maintenance Pump - QTY 1 30 HP horizontal centrifugal pump and high efficiency motor - QTY 1

ALL FOR THE LUMP SUM OF…………….$__________

B.3 PERFORMANCE TIME

Base Item: 45 calendar days after Notice to Proceed is issued.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

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 STATEMENTS 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 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL

This solicitation is a competitive Request for Proposal (RFP) under FAR Part 15.

While this solicitation, including specifications, drawings, and attachments, may make reference to "bids" and/or "proposals" interchangeably, any reference to "bid(s)" shall not be mistaken for an Invitation for Bid (IFB) under FAR Part 14.

Also, if any references are made to additive items in the specifications or drawings, the term additive item will mean the same as option item.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO Clauses in this Section)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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 in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of re-inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.

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

(c) The Contractor’s request for final inspection will not be approved unless documentation and contract requirements have been provided to the Government.

(d) As soon as practicable, following final inspection, the Contracting Officer will inform the contractor, in writing, of any discrepancies and/or omissions noted at the final inspection. The Contracting Officer shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

E.2 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 found completed and all contract requisites (i.e. payroll documents, final payment requests, release from claims, etc.)

Submitted, the Contracting Officer shall notify the Contractor of such acceptance in writing. Written acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s right under any warranty or guarantee.

SECTION F - DELIVERIES OR PERFORMANCE

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/these addresses: Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/far/index.html and Agricultural Acquisition Regulation (AGAR): http://www.dm.usda.gov/procurement/policy/agar.html

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

CLAUSE

NUMBER DATE TITLE________________________________

52.242-14 APR 1984 SUSPENSION OF WORK

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

52.211-10) (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 45 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar.html

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

The Contracting Officer has the overall responsibility for the administration of this contract. S/he alone, without delegation, is authorized ot take actions on behalf of the Government to: ament, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, s/he may delegate certain other responsibilities to his/her authorized representatives (COR).

The Contracting Officer for this contract is:

Name: Joshua J. Dobereiner Phone: 309-681-6410 Fax: 309-681-6683 Email: josh.dobereiner@ars.usda.gov

G.2 CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award.

The responsibilities of the COR include, but are not limited to, determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the work site; and ensuring compliance with contract requirements insofar as work is concerned.

The COR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes", and/or modify any of the expressed terms, conditions, specifications, or prices of the contract. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specifications/Statement of Work, the Contracting Officer shall issue such changes in writing.

The COR assigned to this contract will be named upon award and the notice will outline the specific duties of the COR. A copy of all written communications to the COR shall be concurrently mailed or otherwise furnished to the Contracting Officer.

G.3 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Owner's use of completed portions of work.

(2) Provide submittals required by governing authorities.

(b) Cleaning:

(1) Execute cleaning during progress of work and at completion of work.

(2) Reference other specification sections for additional specific work.

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

(4) At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

a. Clean all sight exposed surfaces.

b. Leave project clean and ready for occupancy or use.

c. All sidewalks and concrete walk areas are to be broom clean.

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

(c) Project Records:

(1) Maintain documents in clean, dry, legible condition.

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

(3) Label each document "Project Record."

(4) Keep record documents current.

(5) Do not conceal work until required information has been recorded.

(6) At completion of work, and before final acceptance, submit as built drawings in accordance with special contract requirements, i.e., Section H Clause, FAR 52.236- 21, Specifications and Drawings for Construction, and Section G clause, As-Built Drawings.

(d) Operating and Maintenance Manuals:

(1) System Demonstration

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

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

(2) Warranties and Bonds:

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

1. Submit within ten days after date of substantial completion.

2. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

G.4 AS-BUILT DRAWINGS

On completion of work, two sets of paper specifications and one print of each of the contract drawings (one full size and one half size) accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the Contracting Officer. Also, two electronic copies of the drawings in pdf format and specifications in both Word 2007 and pdf shall be provided on a USB Flash drive. Where a choice of materials and/or methods is permitted, the as built drawings shall define the construction actually provided. Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. Contractor shall stamp the term RECORD DOCUMENTS, date and sign all drawings and volumes of marked specifications. Legibility and clear portrayal of the as built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM).

G.5 RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract.

The Contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $ ________ under and pursuant to Contract No. ____________, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Date: ____________________ Contractor's Signature:

Print Name of Signer: _________________________ Title: ___________________

G.6 SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes Clause (FAR 52.243-4), as applicable, are supplemented as follows:

(a) The contractor shall provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The proposal shall be in sufficient detail that will enable the Government to determine the reasonableness of the contractor's and subcontractor's cost to do the change. As a minimum, the following shall be shown:

1. Material quantities and unit prices;

2. Labor costs (broken down by trades, hours worked, and hourly rates):

3. Labor burden (Fringe Benefits, Workmen's Compensation, And Public Liability Insurance);

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any).

b) On proposals offering a credit for work omitted, deductions for overhead and profit shall also be shown.

c) If the proposed change will result in an increase or decrease in the contract performance period, the contractor shall state the exact number of days involved. If the proposed change is approved and the Government agrees with the increase or decrease in completion time, the completion date will become a part of the contract modification.

d) The following is a sample summary sheet format. A similar sheet shall accompany each written detailed cost breakdown. The sample summary is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

e) The cumulative total for overhead and profit of all subcontractors and the general contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent.

SUMMARY SHEET FORMAT (SAMPLE)

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

1. Direct Materials $

2. Sales Tax on Materials ( % of Line Item 1) $

3. Direct Labor $

4. Fringe Benefits, Labor Taxes & Insurance ( % of Line 3) $

5. Rental Equipment $

6. State Sales Tax - Rental Equipment ( % of Item 1) $

7. SUBTOTAL (add lines 1-6) $

8. Overhead ( % of Subtotal, Line 7) $

9. SUBTOTAL (add lines 7-8) $

SUB-CONTRACTOR’S WORK

10. Direct Materials $

11. Sales Tax on Mat'ls ( % of line 10) $

12. Direct Labor $

13. Insurance, Taxes, and Fringe Benefits ( % of line 12) $

14. Rental Equipment $

15. Sales Tax - Rental Eqmt. ( % of line 14) $

16. SUBTOTAL (add lines 10-15) $

17. Overhead ( % of line 16) $

18. SUBTOTAL (add lines 16-17) $

19. Profit ( % of line 18) $

20. SUBTOTAL (add lines 18-19) $

TOTAL PRIME & SUB-CONTRACTOR’S WORK

21. Prime's Work (from line 9) $

22. Sub's Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Prime's Overhead on Sub ( % of line 22) $

25. Prime's Profit ( % of line 23) $

26. SUBTOTAL (add lines 23-25) $

27. Prime's Bond Premium ( % of line 26) $

28. TOTAL COST $

Date for Time Extension (if any and justification):

Signature & Title of Preparer Date

NOTE: The cumulative total for overhead and profit of all subcontractors and the general contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent.

G.7 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The U.S. Department of Agriculture utilizes modules within the Department of Defense system, Contractor Performance Assessment Reporting System (CPARS). Specifically, the Construction Contractor Appraisal Support System (CCASS) module is used for construction contracts; the Architect-Engineer Contract Administration Support System (ACASS) module is used for Architect-Engineer (A-E);

and the Contractor Performance Assessment Reporting System (CPARS) module is for service contracts to record and maintain past performance information. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect Engineering).

(b) The Government will register each contractor in the CCASS/ACASS/CPAR system at time of award. This registration will require that contractors provide to the Contracting Officer the name of the company’s primary contact, Contractor Representative (CR), and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CCASS/ACASS/CPARS system will send an email to the CR notifying that individual that a performance evaluation is electronically available for review and comment.

(c) Contractors will access evaluations through a secure Web site for review and comment as follows:

1. Go to URL: http://www.cpars.gov/cparsmain.htm

2. Click on CPARS Login near top left.

3. Click on Accept on the bottom of the screen.

4. Click on Contractor Logon (No PKI) at top, near right.

5. Enter your CPARS system ID and password. If it is your first time and you have no password, click on Forgot Password. A temporary password will be emailed to you by the system. Then enter it and it will direct you to create your own, permanent password.

6. Then select the correct module and click on the “To Do List.”

7. Click on the link to the award you are looking to review the rating, which can be an interim rating; final; or afterwards for warranty situations. You now review the evaluation and if you dispute them, fill information disputing it; save; and return to Assessing Official for resolution. If not disputing, you can comment or choose not to comment and return to Assessing Official as well.

(d) Interim and final evaluations will be available to the contractor in the CCASS/ACASS/CPARS system and notification from the CCASS/ACASS/CPARS system will be sent to the contractor. The final performance evaluation will be entered in the CCASS/ACASS/CPARS system at the time of completion of the contract. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

(e) Finalized performance evaluations, both interim and final, can be found at http://www.ppirs.gov.

G.8 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit all invoices in the Invoice Processing Platform (www.ipp.gov).

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

http://www.cpars.gov/cparsmain.htm https://cpars.cpars.gov/cpars/app/userloginctr.do http://www.ppirs.gov/

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

7. Taxpayer Identification Number (TIN) and DUNS Number.

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records; contractors certification (pursuant to FAR 52.232-5); and an updated CPM Schedule.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

(a) The contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given the written notice required;

provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.2 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (FAR

52.236-3) (APR 1984)

(a) The contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the contractor based on the information made available by the Government.

Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H.3 MATERIAL AND WORKMANSHIP (FAR 52.236-5) (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment.

When required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner.

The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

H.4 PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (NOV 1991)

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall also be responsible for all damages to persons or property that occur as a result of the contractor's fault or negligence. The contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.5 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (FAR 52.236-9) (APR 1984)

(a) The contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the contractor. The contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the contractor.

H.6 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (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.7 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15) (APR

1984)

(a) The Contractor shall, within five (5) days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

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

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

H.8 SCHEDULES FOR CONSTRUCTION CONTRACTS - SUPPLEMENT

The period of time for submission of the schedules required by FAR 52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS, is 5 calendar days after the work commences.

The above submission time frame supersedes that identified in FAR 52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS.

H.9 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

(1) 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, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site 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 workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.10 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (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.

H.11 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

The following applies to all work performed on Government-owned property:

WORKWEEK REGULAR HOURS: The maximum regular workweek that will be approved is Monday through Friday, 7:00 a.m. to 4:30 p.m., location time, not to exceed 40 hours per week. The contractor's proposed hours of work are to include daily starting and stopping times.

(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 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* Inauguration Day January 20* (for Washington D.C. Metropolitan Area

(WDCMA))

If a Sunday, the next succeeding day is selected.

*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.12 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 days after Notice To Proceed, the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372, 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.

(b) Samples of both ARS Forms 371 and 372 are available upon request. A supply of these forms together with instruction for completion of ARS Form 371 will be mailed to the contractor with the Notice of Award.

(c) ARS Form 371 is required even though progress or partial payments are not requested.

(d) The need by an offeror for partial or progress payments, when authorized in the payment provisions of this invitation for bids, will not be treated as a handicap in making the award.

H.13 WAGE DETERMINATION

In the performance under this Contract, the Contractor shall comply with the requirements of the applicable U.S. Department of Labor General Wage Decision for the location, including all modifications. See Section J for the applicable Wage Decision.

H.14 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.15 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.16 SUBMITTALS AND SHOP DRAWINGS

(a) The Contractor shall submit for approval, shop drawings of all manufactured products required in the construction for which such drawings are hereinafter required.

When approved, one set will be retained; one set forwarded to the Government representative on the job and two sets forwarded to the Contractor. When changes or corrections are necessary, two sets will be returned to the Contractor with such corrections noted thereon, and he shall resubmit revised prints.

(b) Shop drawings shall be marked with the contract number and Work Order Number, project description, name of the Contractor, and accompanied by a letter of transmittal.

If the shop drawings show variations from the contract requirements because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal.

(c) Approval of shop drawings will be general and will not relieve the Contractor from the responsibility of furnishing material and work required by the contract.

(d) Shop drawings shall be submitted for approval in ample time to permit checking of the drawings, allow the Contractor to make any corrections and resubmit drawings prior to the…