South_Atlantic_Area_Solicitation-Part_B.docx
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- USDA ARS South Atlantic Area Laboratories Operations & Maintenance Federal contract opportunity
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- AG-32SC-S-15-0003
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AG-32SC-S-15-0003 South Atlantic Area Operations & Maintenance
PART I – THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCOPE OF THE CONTRACT
The Contractor shall furnish all necessary personnel, materials, supplies, services, and equipment to include rental equipment to operate and perform Operations and Maintenance support at the U.S. Department of Agriculture, Agricultural Research Service, Richard B. Russell Research Center, Athens, GA, Southeast Poultry Research Laboratory, Athens, GA, and the US Horticultural Research Laboratory, Ft. Pierce, FL, in accordance with the terms and conditions and the Performance Work Statement.
B.1.1 ROUTINE WORK (FIRM-FIXED PRICE)
Routine work is all work that is defined in the Performance Work Statement (PWS).
B.1.2 ADDITIONAL WORK (IDIQ)
Additional work is defined as work within the general scope, but not specifically described in the PWS. Additional work may also include labor hours above the workload data.
B.2 PRICE SCHEDULE
The hours reflected in the Additional Work IDIQ portion are estimated quantities and will serve as the Contract maximum for the IDIQ.
The Government will pay the contractor in accordance with the following:
| B.2.1 | TRANSITION PERIOD (02/01/15– 02/28/15) (1 MONTH) |
| Item No. | |
| Functional Area | |
| Monthly RRC Price | |
| Monthly SEPRL Price | |
| Monthly USHRL Price | |
| Total Monthly Price |
Transition Period
TRANSITION PERIOD TOTAL PRICE $__________
B.2.2 (a) BASE PERIOD ROUTINE WORK (03/01/15– 9/30/15) (7 MOS) Total firm-fixed price for labor, material, and equipment to perform all routine work as specified in Section J, except for additional work specifically identified as being included in the IDIQ portions of the contract. Total Monthly Price for Routine Work includes separate monthly price for RRC, SEPL, and USHRL.
| Item No. |
| Functional Area |
| Monthly RRC Price |
| Monthly SEPRL Price |
| Monthly USHRL Price |
| Total Monthly Price |
2.a
Work Management
2.b
Maintenance and Repair of Building and Structure
2.c
Specialized Services and Facility Needs
2.d
Grounds Maintenance
2.e
Heating, Ventilation, Air Conditioning, and Refrigeration
2.f
Electrical Service
2.g
Housekeeping
2.h
Safety
2.i
Administrative
2.j
Automotive and Farm Vehicle
2.k
Security
| Total Monthly Price | $__________ | |
| BASE PERIOD ROUTINE WORK TOTAL PRICE | $__________ |
(Total Monthly Price x 7 months)
B.2.2 (b) BASE PERIOD ADDITIONAL WORK – (03/01/15– 9/30/15) (7 MOS) Provide a fully burdened labor rate for the categories that may be required in order to perform any additional work required in performance of this contract.
DAVIS BACON ACT (DBA) WAGES
| Item No. |
| Labor Category |
| Estimated DBA Hours |
| Fully Burdened Hourly DBA Rate |
| Total Estimated Amount |
2.l
Carpenter
2.m
Electrician
2.n
Plumber
2.o
Laborer
2.p
Painter
2.q
Power Equipment Operator
2.r
Sheet Metal Welder
SERVICE CONTRACT ACT WAGES (SCA)
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
2.s
Facility Manager
2.t
Foreman
2.u
2.v
Boiler Plant Operator
2.w
HVAC Mechanic
2.x
2.y
Plumber Pipefitter
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
2.z
Vehicle Mechanic
2.aa
Grounds Maintenance Labor
2.bb
Janitor
2.cc
General Maintenance Worker
2.dd
General Maintenance Mechanic
2.ee
Carpenter/Painter
2.ff
2.gg
Maintenance Trade Helper
S
BASE PERIOD ADDITIONAL WORK TOTAL ESTIMATED AMOUNT $__________
B.2.3 (a) OPTION PERIOD I ROUTINE WORK (10/01/15– 09/30/16) (12 MOS) Total firm-fixed price for labor, material, and equipment to perform all routine work as specified in Section J, except for additional work specifically identified as being included in the IDIQ portions of the contract. Total Monthly Price for Routine Work includes separate monthly price for RRC, SEPL, and USHRL.
| Item No. |
| Functional Area |
| Monthly RRC Price |
| Monthly SEPRL Price |
| Monthly USHRL Price |
| Total Monthly Price |
3.a
3.b
3.c
3.d
3.e
3.f
3.g
3.h
3.i
3.j
3.k
| Total Monthly Price | $__________ | |
| OPTION PERIOD I ROUTINE WORK TOTAL PRICE | $__________ |
(Total Monthly Price x 12 mos)
B.2.3 (b) OPTION PERIOD I ADDITIONAL WORK – (10/01/15– 09/30/16) (12 MOS) Provide a fully burdened labor rate for the categories that may be required in order to perform any additional work required in performance of this contract.
DAVIS BACON ACT (DBA) WAGES
| Item No. |
| Labor Category |
| Estimated DBA Hours |
| Fully Burdened Hourly DBA Rate |
| Total Estimated Amount |
3.l
3.m
3.n
3.o
3.p
3.q
3.r
SERVICE CONTRACT ACT WAGES (SCA)
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
3.s
3.t
3.u
3.v
3.w
3.x
3.y
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
3.z
3.aa
3.bb
3.cc
3.dd
3.ee
3.ff
3.gg
OPTION PERIOD I ADDITIONAL WORK TOTAL ESTIMATED AMOUNT $__________
B.2.4 (a) OPTION PERIOD II ROUTINE WORK (10/01/16– 09/30/17) (12 MOS) Total firm-fixed price for labor, material, and equipment to perform all routine work as specified in Section J, except for additional work specifically identified as being included in the IDIQ portions of the contract. Total Monthly Price for Routine Work includes separate monthly price for RRC, SEPL, and USHRL.
| Item No. |
| Functional Area |
| Monthly RRC Price |
| Monthly SEPRL Price |
| Monthly USHRL Price |
| Total Monthly Price |
4.a
4.b
4.c
4.d
4.e
4.f
4.g
4.h
4.i
4.j
4.k
| Total Monthly Price | $__________ | |
| OPTION PERIOD II ROUTINE WORK TOTAL PRICE | $__________ |
(Total Monthly Price x 12 mos)
B.2.4 (b) OPTION PERIOD II ADDITIONAL WORK – (10/01/16– 09/30/17) (12 MOS) Provide a fully burdened labor rate for the categories that may be required in order to perform any additional work required in performance of this contract.
DAVIS BACON ACT (DBA) WAGES
| Item No. |
| Labor Category |
| Estimated DBA Hours |
| Fully Burdened Hourly DBA Rate |
| Total Estimated Amount |
4.l
4.m
4.n
4.o
4.p
4.q
4.r
SERVICE CONTRACT ACT WAGES (SCA)
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
4.s
4.t
4.u
4.v
4.w
4.x
4.y
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
4.z
4.aa
4.bb
4.cc
4.dd
4.ee
4.ff
4.gg
OPTION PERIOD II ADDITIONAL WORK TOTAL ESTIMATED AMOUNT $__________
B.2.5 (a) OPTION PERIOD III ROUTINE WORK (10/01/17– 09/30/18) (12 MOS) Total firm-fixed price for labor, material, and equipment to perform all routine work as specified in Section J, except for additional work specifically identified as being included in the IDIQ portions of the contract. Total Monthly Price for Routine Work includes separate monthly price for RRC, SEPL, and USHRL.
| Item No. |
| Functional Area |
| Monthly RRC Price |
| Monthly SEPRL Price |
| Monthly USHRL Price |
| Total Monthly Price |
5.a
5.b
5.c
5.d
5.e
5.f
5.g
5.h
5.i
5.j
5.k
| Total Monthly Price | $__________ | |
| OPTION PERIOD III ROUTINE WORK TOTAL PRICE | $__________ |
(Total Monthly Price x 12 mos)
B.2.5 (b) OPTION PERIOD III ADDITIONAL WORK – (10/01/17– 09/30/18) (12MOS) Provide a fully burdened labor rate for the categories that may be required in order to perform any additional work required in performance of this contract.
DAVIS BACON ACT (DBA) WAGES
| Item No. |
| Labor Category |
| Estimated DBA Hours |
| Fully Burdened Hourly DBA Rate |
| Total Estimated Amount |
5.l
5.m
5.n
5.o
5.p
5.q
5.r
SERVICE CONTRACT ACT WAGES (SCA)
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
5.s
5.t
5.u
5.v
5.w
5.x
5.y
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
5.z
5.aa
5.bb
5.cc
5.dd
5.ee
5.ff
5.gg
OPTION PERIOD III ADDITIONAL WORK TOTAL ESTIMATED AMOUNT $__________
B.2.6 (a) OPTION PERIOD IV ROUTINE WORK (10/01/18– 09/30/19) (12 MOS) Total firm-fixed price for labor, material, and equipment to perform all routine work as specified in Section J, except for additional work specifically identified as being included in the IDIQ portions of the contract. Total Monthly Price for Routine Work includes separate monthly price for RRC, SEPL, and USHRL.
| Item No. |
| Functional Area |
| Monthly RRC Price |
| Monthly SEPRL Price |
| Monthly USHRL Price |
| Total Monthly Price |
6.a
6.b
6.c
6.d
6.e
6.f
6.g
6.h
6.i
6.j
6.k
| Total Monthly Price | $__________ | |
| OPTION PERIOD IV ROUTINE WORK TOTAL PRICE | $__________ |
(Total Monthly Price x 12 mos)
B.2.6 (b) OPTION PERIOD IV ADDITIONAL WORK – (10/01/18– 09/30/19) (12MOS) Provide a fully burdened labor rate for the categories that may be required in order to perform any additional work required in performance of this contract.
DAVIS BACON ACT (DBA) WAGES
| Item No. |
| Labor Category |
| Estimated DBA Hours |
| Fully Burdened Hourly DBA Rate |
| Total Estimated Amount |
6.l
6.m
6.n
6.o
6.p
6.q
6.r
SERVICE CONTRACT ACT WAGES (SCA)
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
6.s
6.t
6.u
6.v
6.w
6.x
6.y
| Item No. |
| Labor Category |
| Estimated SCA Hours |
| Fully Burdened Hourly SCA Rate |
| Total Estimated Amount |
6.z
6.aa
6.bb
6.cc
6.dd
6.ee
6.ff
6.gg
OPTION PERIOD IV ADDITIONAL WORK TOTAL ESTIMATED AMOUNT $__________
B.3 TOTAL ESTIMATED CONTRACT VALUE
The Total Estimated Contract Value is the sum of the Total Contract Firm-Fixed Price and the Total Contract Estimated Price. The Total Firm-Fixed Price includes pricing for Routine Work for the Transition Period, Base Period, and each Option Period. The Total Estimated IDIQ Value includes the estimated pricing for Additional Work for the Transition Period, Base Period, and each Option Period.
ROUTINE WORK FOR TRANSITION, BASE, AND ALL OPTION PERIODS
| Transition Period– Firm Fixed Price | $___________ | |
| BASE PERIOD – Firm Fixed Price | $___________ | |
| OPTION PERIOD I – Firm Fixed Price | $___________ | |
| OPTION PERIOD II – Firm Fixed Price | $___________ | |
| OPTION PERIOD III – Firm Fixed Price | $___________ | |
| OPTION PERIOD IV – Firm Fixed Price | $___________ |
TOTAL CONTRACT FIRM-FIXED PRICE $___________
ADDITIONAL WORK FOR TRANSITION, BASE, AND ALL OPTION PERIODS
| Transition Period – Estimated Price | $___________ |
| Base Period – Estimated Price | $___________ |
| Option Period I – Estimated Price | $___________ |
| Option Period II – Estimated Price | $___________ |
| Option Period III – Estimated Price | $___________ |
| Option Period IV – Estimated Price | $___________ |
TOTAL CONTRACT ESTIMATED PRICE $___________
TOTAL ESTIMATED CONTRACT VALUE $___________
B.3 ADJUSTMENTS RESULTING FROM DEPARTMENT OF LABOR WAGE DETERMINATION REVISIONS
Annually, the Government shall provide the Contractor with Department of Labor Wage Determinations. Any future adjustments for option periods will be calculated based on the configuration of employees at the time of award/exercise of option periods.
B.4 OVERTIME RATE
If overtime is proposed for any additional work, it will be paid at a rate of one and a half times the DOL and Collective Bargaining Labor rate. The Contractor shall obtain Administrative Contracting Officer (ACO) approval for overtime in advance of working.
SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT
C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made a part of this solicitation and any resultant contract.
SECTION D – PACKAGING AND MARKING
D.1 AGAR 452.247-71 MARKING DELIVERABLES (FEB 1988)
(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items call for by the contract.
(b) Mark deliverables, except for reports, for:
US Department of Agriculture, Agricultural Research Service Eastern Business Service Center Attn: Randal Barnett 141 Experiment Station Road Stoneville, MS 38776
(c) All deliverables shall include one original copy and one electronic copy unless otherwise noted.
SECTION E – INSPECTION AND ACCEPTANCE
E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Procuring Contracting Officer (PCO) or Administrative Contracting Officer (ACO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| NUMBER |
| TITLE |
| DATE |
| 52.246-2 |
| INSPECTION OF SUPPLIES FIXED-PRICE |
| AUG 1996 |
| 52.246-4 |
| INSPECTION OF SERVICES FIXED-PRICE |
| AUG 1996 |
| 52.246-6 |
| INSPECTION-TIME-AND-MATERIAL AND |
| MAY 2001 |
LABOR-HOUR
| 52.246-12 |
| INSPECTION OF CONSTRUCTION |
| AUG 1996 |
| 52.246-13 |
| INSPECTION-DISMANTLING, DEMOLITION, |
| AUG 1996 |
OR REMOVAL OF IMPROVEMENTS
| 52.246-16 |
| RESPONSIBILITY FOR SUPPLIES |
| APR 1984 |
E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)
(a) The ACO, identified in Section G.1.B, or their duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance shall be performed at:
Richard B. Russell Research Center 950 College Station Road Athens, Georgia 30605
Southeast Poultry Research Laboratory 934 College Station Road Athens, Georgia 30605
US Horticultural Research Laboratory 2001 South Rock Road Ft. Pierce, Florida 34945
SECTION F – DELIVERIES OR PERFORMANCE
F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the PCO or ACO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| NUMBER |
| TITLE |
| DATE |
| 52.242-15 |
| STOP-WORK ORDER |
| AUG 1989 |
| 52.242-17 |
| GOVERNMENT DELAY OF WORK |
| APR 1984 |
F.2 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1998)
The effective period of performance of this contract will be February 1, 2015 thru September 30, 2019. The contract contains a thirty (30) day phase-in period, a seven (7) month base period, and options for four (4) additional twelve (12) month periods.
Transition Period: February 1, 2015 through February 28, 2015 Base Period: March 1, 2015 through September 30, 2015 Option Period 1: October 1, 2015 through September 30, 2016 Option Period 2: October 1, 2016 through September 30, 2017 Option Period 3: October 1, 2017 through September 30, 2018 Option Period 4: October 1, 2018 through September 30, 2019
F.3 REPORTING REQUIREMENTS
After award, the Contractor shall provide the following deliverables/reports to the ACO by the dates to be specified by the ACO.
All Submittals/Reports shall include one original and one electronic copy unless otherwise noted.
SUBMITTALS
Submittal S.2.0 – Site Specific Business Continuity Plan Submittal S.2.0.2 - Site Specific Quality Control Plan Submittal S.2.7.a – Contractor Staffing Plan Submittal S.2.7.b - Transition of Contract Performance Submittal S.4.1.1 - Asbestos Remediation Plan Submittal S.6.2 – Lighting Maintenance Plan Submittal S.7.2.1 - Annual Landscaping Plan Submittal S.7.2.4 - Snow and Ice Removal Plan Submittal S.7.3.3 - Pest and Vermin Control Plan Submittal S.7.3.5 – Housekeeping Plan
REPORTS REQUIRED:
Report Required R.1.2.3 – Annual Online Usage Value and type of Bio-based Report Required R.1.3.a – Annual Accountable Property Inventory Report Required R.1.3.b – Annual Government Provided Equipment Inventory Report Required R.2.0.a – Weekly Scheduled Work Report Required R.2.0.b – Weekly Backlog and Out-of-Service Report Report Required R.2.0.c – Monthly Work Activities Report Required R.2.8 - Facility Condition Survey Report Required R.3.1.2.a – Monthly Compressed Gas Cylinder Movement Report Report Required R.3.2.a - Daily Security Activity Report Report (As) Required R.3.2.b – Security Incident Report (SEPRL, RRC, USHL Safety Manuals) Report Required R.3.3 – ARS Vehicle Operation Record - ARS-715 Report Required R.3.4 – Monthly Postage Report Report Required R.4.1.1.a – Asbestos Removal Form Report Required R.4.1.1.b – Asbestos Disposal Manifest Report Required R.4.1.3 – Annual Underground Storage Tank Inspection Report Report Required R.4.1.4.1 – Annual Boiler House Emissions Report Report Required R4.1.4.2 – Monthly Fuel Usage Report Report Required R4.1.4.3 – Weekly Fuel Usage Report. Report Required R.4.2.a – Record of Safety Device Failure Report Required R.4.2.b – Monthly Safety Equipment Inspection Report Report Required R.4.3 – Annual Fire Alarm Testing Report Report Required R.6.4 – Annual Elevator and Hoisting Device Inspections Report Required R.6.6.1.1 – Annual Boiler and Pressure Vessel Inspection Report Required R.7.3.1 – Annual Vehicle Inspection Checklist (ARS 45) Report Required R.7.3.2.a – Monthly Refuse and Recycling Amounts by Waste Stream
F.4 PLACE OF PERFORMANCE
The principal work under this contract shall be performed at the following locations:
Richard B. Russell Research Center 950 College Station Road Athens, Georgia 30605
Southeast Poultry Research Laboratory 934 College Station Road Athens, Georgia 30605
US Horticultural Research Laboratory 2001 South Rock Road Ft. Pierce, Florida 34945
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 CONTRACT ADMINISTRATION
The PCO is the only person authorized to approve any change in the scope of work of this contract. The authority remains solely with the PCO. In the event the Contractor effects any changes at the direction of any person other than the PCO, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.
A. Procuring Contracting Officer (PCO):
Randal Barnett 141 Experiment Station Road Stoneville, MS 38776
B. Administrative Contracting Officer (ACO):
TBD
C. Contracting Officer Representative (COR):
TBD
G.2 DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION
The ACO is hereby designated by the PCO to act as the authorized Government agent that oversees Contractor performance in accordance with the terms and conditions of the contract. The authority of the ACO shall not exceed: $25,000 for issuance of individual Service/Supply/Construction Orders.
G.3 ADDITIONAL WORK
Additional work is defined as work that is not part of the routine work for operations and maintenance support for the Centers, but comes within the scope of the contract. Specific work will be defined as required by SEPRL, RRC, and USHL, in accordance with the Performance Work Statement attached to this contract.
Prior to starting any work, the Contractor shall submit a proposal outlining the work to be done to the ACO, including a tentative start date and indicating the number of days to complete the work. The proposal shall also identify the methods, equipment and material to be used and the number of hours and wage rate per craft, using the fully burdened rates previously negotiated under Section B, to complete the work. ACO approval is required prior to performing any additional work. Task orders for additional work shall be awarded only on a Firm Fixed Price (FFP) basis.
If any other direct prices (for example, materials) are involved in performance of this work, they shall be priced out separately when submitting proposals to the ACO. If work is of such urgency that is cannot be awarded and negotiated in a timely manner, the contractor shall notify the ACO immediately.
The ACO will determine whether the additional work shall be performed. An order will be issued for approved work citing funded or supplemental funding, and payment will be processed by invoice as described in Section G.5.
G.4 INVOICE PREPARATION
Based on acceptance of the required contract deliverables, the contractor shall submit properly prepared invoices monthly to the ACO identified in Section G.1.B. An informational copy of the invoice shall be provided to the COR as identified in Section G.1.C.
Each invoice shall reflect the monthly fixed price. Additional work shall be invoiced monthly, after acceptance of the work by the Government, and shall include the work order number and delivery order number.
The Contractor shall, at a minimum, include the following information to comply with the proper invoice submission procedures identified in FAR 32.905:
A proper invoice must include the following items:
1) Name and address of the contractor.
2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)
3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)
9) Electronic funds transfer (EFT) banking information.
10) Contractor will be required to submit invoices through the USDA’s electronic invoice processing system, by registering and uploading invoices through ‘IPP.GOV’.
NOTE: Invoices that do not contain all proper information described above will be returned to the contractor for correction, re-dating of invoice, and re-submission for payment.
G.5 GOVERNMENT PROPERTY
The Contractor is authorized to use the Government property and materials as detailed in Attachment A.1.3, Available Government Property and Materials, in the performance of the contract.
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 21 days after the date of contract award. The conference will be held at:
Richard B. Russell Research Center 950 College Station Road Athens, Georgia 30605
H.2 AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)
a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.
b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.
c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.
d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.
f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.
g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.
h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.
H.3 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)
a) The Contractor agrees, in the performance of this contract to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately n notify in writing the ACO, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.
b) The Contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
H.4 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)
The Contractor shall assign to this contract the following key personnel who will manage performance and supervise the work under this contract.
Project Manager – TBD
During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the CO within fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph
(c) o the CO at least 15 days prior to making any permanent substitutions.
The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
H.5 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)
Pursuant to FAR Clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
WORKERS COMPENSATION AND EMPLOYER’S LIABILITY.
The Contractor is required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compressible under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.
GENERAL LIABILITY.
The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.
AUTOMOBILE LIABILITY.
The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per other than passenger damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
H.6 APPLICABILITY OF ATTACHMENTS TO THE PERFORMANCE WORK STATEMENT
In addition to Attachments identified in the Performance Work Statement, Section J of this contract may contain several attachments that are directly related to the performance of the work required by this contract.
PART II – CONTRACT CLAUSES SECTION I – CONTRACT CLAUSES
I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)
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 PCO or ACO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| NUMBER |
| TITLE DATE |
| 52.202-1 |
| DEFINITIONS |
| NOV 2013 |
| 52.203-3 |
| GRATUITIES |
| APR 1984 |
| 52.203-5 |
| COVENANT AGAINST CONTINGENT FEES |
| APR 1984 |
| 52.203-6 |
| RESTRICTIONS ON SUBCONTRACTOR SALES TO |
| SEP 2006 |
THE GOVERNMENT
| 52.203-7 |
| ANTI-KICKBACK PROCEDURES |
| OCT 2010 |
| 52.203-8 |
| CANCELLATION, RECISSION, AND RECOVERY |
| JAN 1997 |
OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
| 52.203-10 |
| PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR |
| JAN 1997 |
IMPROPER ACTIVITY
| 52.203-12 |
| LIMITATION ON PAYMENTS TO INFLUENCE |
| OCT 2010 |
CERTAIN FEDERAL TRANSACTIONS
| 52.203-13 |
| CONTRACTOR CODE OF ETHICS AND CONDUCT |
| APR 2010 |
| 52.203-14 |
| DISPLAY OF HOTLINE POSTER(S) |
| DEC 2007 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER |
| SEPT 2013 |
RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
| 52.204-4 |
| PRINTED OR COPIED DOUBLE-SIDED ON |
| MAY 2011 |
POST CONSUMER FIBER CONTENT PAPER
| 52.204-9 |
| PERSONAL IDENTITY VERIFICATION OF |
| JAN 2011 |
CONTRACTOR PERSONNEL
| 52.204-10 |
| REPORTING EXECUTIVE COMPENSATION AND |
| JUL 2013 |
FIRST-TIER SUBCONTRACT AWARDS
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT |
| JUL 2013 |
MAINTENANCE
| 52.204-14 |
| SERVICE CONTRACT REPORTING REQUIRMENTS |
| JAN 2014 |
| 52.204-15 |
| SERVICE CONTRACT REPORTING REQUIREMENTS |
| JAN 2014 |
FOR INDEFINITE-DELIVERY CONTRACTS
| 52.208-9 |
| CONTRACTOR USE OF MANDATORY |
| JUL 2004 |
| 52.209-6 |
| PROTECTING THE GOVERNMENTS INTEREST |
| WHEN SUBCONTRACTING WITH CONTRACTORS |
| AUG 2013 |
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED MAY 2012 DOMESTIC CORPORATIONS
52.210-1 MARKET RESEARCH APR 2011
52.215-2 AUDIT AND RECORDS – NEGOTIATION OCT 2010
52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT OCT 1997 FORMAT
| 52.216-31 | TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL | |
| REQUIREMENTS-COMMERCIAL ITEM | ||
| ACQUISITION | FEB 2007 |
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
| 52.219-14 | LIMITATIONS ON SUBCONTRACTING | NOV 2011 | |
| 52.219-17 SECTION 8(a) AWARD | DEC 1996 |
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO
ELIGIBLE 8(a) FIRMS JUN 2003
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM JUL 2013 REREPRESENTATION
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 DISPUTES
52.222-3 CONVICT LABOR JUN 2003
52.222-4 CONTRACT WORK HOURS AND SAFETY JUL 2005 STANDARDS ACT – OVERTIME COMPENSATION
52.222-6 DAVIS-BACON ACT JUL 2005
52-222.7 WITHHOLDING OF FUNDS FEB 1988
52.222-8 PAYROLLS AND BASIC RECORDS JUN 2010
52.222-9 APPRENTICES AND TRAINEES JUL 2005
52.222-10 COMPLIANCE WITH COPELAND ACT FEB 1988 REQUIREMENTS
52.222-11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005
52.222-12 CONTRACT TERMINATION – DEBARMENT FEB 1988
52.222-13 COMPLIANCE WITH DAVIS-BACON AND FEB 1988 RELATED ACT REGULATIONS
52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988
52.222-15 CERTIFICATION OF ELEGIBILITY FEB 1988
52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS JAN 2013
52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT OCT 2010
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY MAR 2007
52.222-27 AFFIRMATIVE ACTION COMPLIANCE FEB 1999 REQUIREMENTS FOR CONSTRUCTION
52.222-32 DAVIS-BACON ACT – PRICE ADJUSTMENT DEC 2001 (ACTUAL METHOD)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010
52.222-36 AFFIRMATIVE ACTION FOR WORKERS OCT 2010 WITH DISABILITIES
52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER DEC 2010 THE NATIONAL LABOR RELATIONS ACT
52.222-41 SERVICE CONTRACT ACT OF 1965, NOV 2007
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE SEP 2009 CONTRACT ACT – PRICE ADJUSTMENT (MULTIPLE
YEAR AND OPTION CONTRACTS)
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS |
| FEB 2009 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION |
AUG 2013
| 52.223-1 |
| BIOBASED PRODUCT CERTIFICATIONS |
| MAY 2012 |
| 52.223-2 |
| AFFIRMATIVE PROCUREMENT OF BIOBASED |
| SEP 2013 |
PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS
| 52.223-3 |
| HAZARDOUS MATERIAL IDENTIFICATION |
| JAN 1997 |
AND MATERIAL SAFETY DATA
| 52.223-4 |
| RECOVERED MATERIAL CERTIFICATION |
| MAY 2008 |
| 52.223-5 |
| POLLUTION PREVENTION AND RIGHT-TO-KNOW |
| MAY 2011 |
INFORMATION
| 52.223-6 |
| DRUG-FREE WORKPLACE |
| MAY 2001 |
| 52.223-9 |
| ESTIMATE OF PERCENTAGE OF RECOVERED |
MATERIAL CONTENT FOR EPA-DESIGNATED
| ITEMS |
| MAY 2008 |
| 52.223-10 |
| WASTE REDUCTION PROGRAM |
| MAY 2011 |
| 52.223-12 |
| REFRIGERATION EQUIPMENT AND |
| MAY 1995 |
AIR CONDITIONERS
| 52.223-15 |
| ENERGY EFFICIENCY IN ENERGY-CONSUMING |
| DEC 2007 |
PRODUCTS
| 52.223-16 |
| IEEE 1680 STANDARD FOR THE ENVIRONMENTAL |
| DEC 2007 |
ASSESSMENT OF PERSONAL COMPUTER PRODUCTS
| 52.223-17 |
| AFFIRMATIVE PROCUREMENT OF EPA- |
| MAY 2008 |
DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS
| 52.223-18 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN |
| AUG 2011 |
TEXT MESSAGING WHILE DRIVING
| 52.223-19 |
| COMPLIANCE WITH ENVIRONMENTAL |
| MAY 2011 |
MANAGEMENT SYSTEMS
| 52.224-1 |
| PRIVACY ACT NOTIFICATION |
| APR 1984 |
| 52.224-2 |
| PRIVACY ACT |
| APR 1984 |
| 52.225-5 |
| TRADE AGREEMENTS |
| NOV 2012 |
| 52.225-13 |
| RESTRICTIONS ON CERTAIN FOREIGN |
| JUN 2008 |
PURCHASES
| 52.227-1 |
| AUTHORIZATION AND CONSENT |
| DEC 2007 |
| 52.227-2 |
| NOTICE AND ASSISTANCE REGARDING |
| DEC 2007 |
PATENT AND COPYRIGHT INFRINGEMENT
52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTSDEC 2007
| 52.227-23 |
| RIGHTS TO PROPOSAL DATA (TECHNICAL) |
| JUN 1987 |
| 52.228-5 |
| INSURANCE – WORK ON A GOVERNMENT |
| JAN 1997 |
INSTALLATION
| 52.228-7 |
| INSURANCE – LIABILITY TO THIRD PERSONS |
| MAR 1996 |
| 52.229-3 |
| FEDERAL, STATE, AND LOCAL TAXES |
| FEB 2013 |
| 52.232-1 |
| PAYMENTS |
| APR 1984 |
| 52.232-5 |
| PAYMENTS UNDER FIXED PRICE CONSTRUCTION |
| SEP 2002 |
PROJECTS
| 52.232-8 |
| DISCOUNTS FOR PROMPT PAYMENT |
| FEB 2002 |
| 52.232-11 |
| EXTRAS |
| APR 1984 |
| 52.232-17 |
| INTEREST |
| OCT 2010 |
| 52.232-18 |
| AVAILABILITY OF FUNDS |
| APR 1984 |
| 52.232-23 |
| ASSIGNMENT OF CLAIMS |
| JAN 1986 |
| 52.232-25 |
| PROMPT PAYMENT |
| JUL 2013 |
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION JUL 2013
CONTRACTS
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER JUL 2013
– SAMS
52.232-36 PAYMENT BY THIRD PARTY JUL 2013
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013 OBLIGATIONS
52.232-40 PROVIDING ACCELERATED PAYMENTS TO DEC 2013 SMALL BUSINESS SUBCONTRACTORS
52.233-1 DISPUTES JUL 2002
52.233-3 PROTEST AFTER AWARD AUG 1996
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT OCT 2004 CLAIM
52.236-2 DIFFERING SITE CONDITIONS APR 1984
52.236-3 SITE INVESTIGATION AND CONDITIONS APR 1984 AFFECTING THE WORK
52.236-5 MATERIAL AND WORKMANSHIP APR 1984
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984
52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991
52.236-8 OTHER CONTRACTS APR 1984
52.236-9 PROTECTION OF EXISTING VEGETATION, APR 1984 STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS
52.236-10 OPERATIONS AND STORAGE AREAS APR 1984
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984
52.236-12 CLEANING UP APR 1984
52.236-13 ACCIDENT PREVENTION NOV 1991
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984
52.236-21 SPECIFICATIONS AND DRAWINGS FOR FEB 1997 CONSTRUCTION
52.236-28 PREPARATION OF OFFERS-CONSTRUCTION OCT 1997
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984 EQUIPMENT, AND VEGETATION
52.237-3 CONTINUITY OF SERVICES JAN 1991
52.242-13 BANKRUPTCY JUL 1995
52.242-14 SUSPENSION OF WORK APR 1984
52.243-1 CHANGES – FIXED PRICE (ALTERNATE I APR 1984) AUG 1987
52.243-4 CHANGES JUNE 2007
52.244-2 SUBCONTRACTS OCT 2010
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010
52.245-1 GOVERNMENT PROPERTY APR 2012
52.245-2 GOVERNMENT PROPERTY INSTALLATION APR 2012
OPERATION SERVICES
| 52.245-9 |
| USE AND CHSRGES |
| APR 2012 |
| 52.246-20 |
| WARRANTY OF SERVICES |
| MAY 2001 |
| 52.246-21 |
| WARRANTY OF CONSTRUCTION |
| MAR 1994 |
| 52.246-25 |
| LIMITATION OF LIABILITY – SERVICES |
| FEB 1997 |
| 52.247-21 |
| CONTRACTOR LIABILITY FOR PERSONAL |
| APR 1984 |
INJURY AND/OR PROPERTY DAMAGE
| 52.249-2 |
| TERMINATION FOR CONVENIENCE OF THE |
| APR 2012 |
GOVERNMENT (FIXED-PRICE)
| 52.249-8 |
| DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) |
| APR 1984 |
| 52.249-10 |
| DEFAULT (FIXED PRICE CONSTRUCTION) |
| APR 1984 |
| 52.249-14 |
| EXCUSABLE DELAYS |
| APR 1984 |
| 52.253-1 |
| COMPUTER GENERATED FORMS |
| JAN 1991 |
I.2 FAR 52.216-18 ORDERING (OCT 1995) Applies to Additional Work
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the effective period of the contract.
All delivery orders of task orders are subject to the terms and conditions of the contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
I.3 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) Applies to Additional Work
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $25,000.00;
(2) Any order for a combination of items in excess of $25,000.00; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
I.4 AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB
1988) Applies to Additional Work
During the period specified in FAR 52.216-18, Ordering, the Government shall place orders totaling a minimum $250.00, but not in excess of the maximum on the Schedule B.
I.5 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) Applies to Additional Work
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by the contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number or orders that maybe issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 31, 2018.
I.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
I.7 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination Employee class Monetary wage – Fringe benefits Secretary-Automation GS-5 Office Automation Clerk GS-4 Pipefitter WG-10 Electrician WG-11
I.8 FAR 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 30 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall—
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds
0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL- STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for Radioactive materials meeting the criteria in paragraph (a) of this clause.
I.10 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(e) The Contractor shall label products which contain or are manufactured with ozone- depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
Warning Contains (or manufactured with, if applicable) * , a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
I.11 FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)
(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability 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 Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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: 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 Act 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 Act 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…
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