AG-32SC-S-14-0077.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)

702997

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

PEORIA IL 61604

ARS-EBSC-0325-05-P

USDA/ARS

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

JOSHUA DOBEREINER 309-681-6410

1x 08/11/2014

AG-32SC-S-14-0077

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

Repair sinkholes at the Southeast Poultry Research Laboratory per attached Statement of Work.

This project is subject to the availability of funds.

The North American Industry Classification System (NAICS) code is 237990. The Small

Business Size Standard is $36.5 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.)

14 30 calendar days and complete it within ________________ ________________ calendar days after receiving

09/02/2014

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 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-32SC-S-14-0077

Repair Sinkholes

Delivery: 30 Days After Notice to Proceed

Delivery Location Code: ARS-SAA-6612-03

Southeast Poultry Research Lab

934 College Station Rd

Athens GA 30605 US

FOB: Destination

001 Repair Sinkholes per attached Statement of Work.

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS PAGE NO.

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT

B.2 SCHEDULE OF ITEMS

B.3 PERFORMANCE TIME

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS

SECTION D – PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 FINAL INSPECTION

E.3 FINAL ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

G.2 CONTRACT CLOSEOUT

G.3 AS-BUILT DRAWINGS

G.4 RELEASE FROM CLAIMS

G.5 SUPPLEMENT TO CHANGES CLAUSE

G.6 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

G.7 INVOICE PREPARATION AND SUBMISSION

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

H.2 USE OF PREMISES

H.3 SAMPLES AND CERTIFICATES

H.4 MAXIMUM WORKWEEK-CONSTRUCTION SCHEDULE (SUPPLEMENT) ... 20

H.5 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

H.6 WAGE DETERMINATION

H.7 UTILITIES OUTAGE

H.8 COOPERATION WITH OTHER CONTRACTORS

H.9 SUBMITTALS AND SHOP DRAWINGS

H.10 LIST OF MATERIALS

H.11 PROPERTY DAMAGE LIABILITY INSURANCE

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

I.2 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

I.3 BUY AMERICAN ACT – CONSTRUCTION MATERIALS

I.4 ALTERNATIVE PAYMENT PROTECTIONS

I.5 REIMBURSEMENT FOR BOND PREMIUMS – FIXED-PRICE

CONSTRUCTION CONTRACTS

I.6 ORDER OF PRECEDENCE

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFEROR

K.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

K.3 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

K.4 DUPLICATION OF COST

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

QUOTERS

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 TYPE OF CONTRACT

L.3 CONSTRUCTION WAGE RATE REQUIREMENTS - SECONDARY SITE OF

THE WORK

L.4 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

L.5 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION

MATERIALS

L.6 SITE VISIT (CONSTRUCTION)

L.7 INQUIRIES

L.8 PRE BID/PRE PROPOSAL CONFERENCE

L.9 INSTRUCTION FOR THE PREPARATION OF KEY PERSONNEL, PAST

PERFORMANCE, PRICE, PROPOSAL, BREAKDOWN, AND BUSINESS

PROPOSAL

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD

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 in accordance with the clauses, specifications, attachments, and other terms and conditions set forth herein to repair sinkholes at the Southeast Poultry Research Laboratory, Athens, GA.

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

01 Base Bid: All work complete $__________ in accordance with the Statement of Work.

B.3 PERFORMANCE TIME

Base Item: 30 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.

SECTION D – PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (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 these addresses: Federal Acquisition Regulation (FAR):

http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR):

http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

E.2 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 reinspection 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 below, at a minimum, has been provided to the Contracting Officer, in addition to all other contract requirements:

o Guarantees and warranty schedule and contacts o Certificates of inspections o Certified payroll records for all prime and subcontractor employees

(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 http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/VFagara.HTM 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.3 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):

http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR):

http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.219-14 NOV 2011 LIMITATIONS ON SUBCONTRACTING

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 14 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 30 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

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

The contractor will be notified by letter of the name and duties of the COR.

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

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

(2) Provide submittals required by governing authorities.

(b) Cleaning:

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

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

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

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

a. Clean all sight exposed surfaces.

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

c. All 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.3 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.4 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. AG-32SC-C-xx-xxxx, 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:

* NOTE: The amount referenced in the paragraph above should be the total Contract amount, not just the final payment amount.

[Note: Fill in contract number before award.]

G.5 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.

* A similar EXCEL copy of a cost breakdown is available upon request.

G.6 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.7 INVOICE PREPARATION AND SUBMISSION

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

www.ipp.gov

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

1. Name and address of contractor.

2. Invoice number and date.

3. Contract number

4. Description of work and period of performance.

5. Name, title, phone number, and complete mailing address of official to http://www.cpars.gov/cparsmain.htm https://cpars.cpars.gov/cpars/app/userloginctr.do http://www.ppirs.gov/ 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, contractor's certification (pursuant to FAR 52.232-5), and an updated CPM Schedule.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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):

http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR):

http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.236-2 APR 1984 DIFFERING SITE CONDITIONS

52.236-3 APR 1984 SITE INVESTIGATION AND CONDITIONS

AFFECTING THE WORK

52.236-5 APR 1984 MATERIAL AND WORKMANSHIP

52.236-6 APR 1984 SUPERINTENDENCE BY THE CONTRACTOR

52.236-7 NOV 1991 PERMITS AND RESPONSIBILITIES

52.236-8 APR 1984 OTHER CONTRACTS

52.236-9 APR 1984 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 APR 1984 OPERATIONS AND STORAGE AREAS

52.236-11 APR 1984 USE AND POSSESSION PRIOR TO COMPLETION

52.236-12 APR 1984 CLEANING UP

52.236-13 NOV 1991 ACCIDENT PREVENTION

52.236-14 APR 1984 AVAILABILITY AND USE OF UTILITY SERVICES

52.236-17 APR 1984 LAYOUT OF WORK

52.236-21, ALT I APR 1984 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION

H.2 USE OF PREMISES

(AGAR 452.236-72) (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, 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.3 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.4 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, 7:00AM to 5:30PM, 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*

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.5 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.6 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.7 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.8 COOPERATION WITH OTHER CONTRACTORS

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

H.9 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 time construction is started on work covered by any drawings.

(e) Non approval of equipment due to failure to meet specifications, or non approval of the Contractor’s drawings due to submission of incomplete or incorrect information cannot be considered as a basis for extension of time for completion of the contract.

(f) The quantity of shop drawings required are subject to change. This will occur only when the Government is under contract with an A-E firm to approve shop drawings. In this respect, A-E will coordinate final quantity required between all interested parties.

Upon approval of Shop Drawings, a legible electronic copy (either CD or USB Flash drive and uploaded to sharepoint site) in pdf format shall be provided to the Project Team.

H.10 LIST OF MATERIALS

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

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

Section heading of the specifications under which material is specified.

Manufacturer’s name and address.

Grade, type, trade or catalog number.

Size, capacity, and other pertinent data.

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

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

(e) Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict contractor to brand specified;

however, any substitution must be met with approval of the Contracting Officer.

Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

H.11 PROPERTY DAMAGE LIABILITY INSURANCE

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

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

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

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates the following 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 these addresses: Federal Acquisition Regulation (FAR):

http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR):

http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.204-7 JUL 2013 SYSTEM FOR AWARD MANAGEMENT

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.204-10 JUL 2013 REPORTING EXECUTIVE COMPENSATION

AND FIRST-TIER SUBCONTRACT AWARDS

52.209-6 AUG 2013 PROTECTING THE GOVERNMENT'S

INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

52.215-17 OCT 1997 WAIVER OF FACILITIES CAPITAL COST

OF MONEY

52.219-28 JUL 2013 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION

52.222-3 JUN 2003 CONVICT LABOR

52.222-6 MAY 2014 CONSTRUCTION WAGE RATE REQUIREMENTS

52.222-7 MAY 2014 WITHHOLDING OF FUNDS

52.222-8 MAY 2014 PAYROLLS AND BASIC RECORDS

52.222-9 JUL 2005 APPRENTICES AND TRAINEES

52.222-10 FEB 1988 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

52.222-11 MAY 2014 SUBCONTRACTS (LABOR STANDARDS)

52.222-12 MAY 2014 CONTRACT TERMINATION - DEBARMENT

52.222-13 MAY 2014 COMPLIANCE WITH CONSTRUCTION WAGE

RATE REQUIREMENTS AND RELATED

REGULATIONS

52.222-14 FEB 1988 DISPUTES CONCERNING LABOR STANDARDS

52.222-15 MAY 2014 CERTIFICATION OF ELIGIBILITY

52.222-21 FEB 1999 PROHIBITION OF SEGREGATED FACILITIES

52.222-26 MAR 2007 EQUAL OPPORTUNITY

52.222-27 FEB 1999 AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION

52.222-36 JUL 2014 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-50 FEB 2009 COMBATING TRAFFICKING IN PERSONS

52.223-2 SEP 2013 AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS

52.223-5 MAY 2011 POLLUTION PREVENTION AND RIGHT-TO-

KNOW INFORMATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-17 MAY 2008 AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

52.223-18 AUG 2011 ENCOURAGING CONTRACTOR POLICY TO BAN

TEXT MESSAGING WHILE DRIVING

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT

52.227-2 DEC 2007 NOTICE AND ASSISTANCE REGARDING

PATENT AND COPYRIGHT INFRINGEMENT

52.227-4 DEC 2007 PATENT INDEMNITY – CONSTRUCTION

CONTRACTS

52.232-5 MAY 2014 PAYMENTS UNDER FIXED-PRICE

CONSTRUCTION CONTRACTS

52.232-17 MAY 2014 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-23 MAY 2014 ASSIGNMENT OF CLAIMS

52.232-27 MAY 2014 PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS

52.232-33 JUL 2013 PAYMENT BY ELECTRONIC FUNDS TRANSFER –

SYSTEM FOR AWARD MANAGEMENT

52.232-39 JUN 2013 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS

52.233-1 MAY 2014 DISPUTES

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

52.236-26 FEB 1995 PRECONSTRUCTION CONFERENCE

52.244-6 JUL 2014 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.246-21 MAR 1994 WARRANTY OF CONSTRUCTION

52.249-1, ALT I APR 1984 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE) (SHORT FORM)

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

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

I.2 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

(AGAR 452.209–71) (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Agriculture, Rural

Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA, Agriculture Research

Service (ARS), may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

I.3 BUY AMERICAN ACT – CONSTRUCTION MATERIALS

(FAR 52.225-9) (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--

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

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

“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 the 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”]

(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 materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any…