AG-32SC-S-17-0040.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)

See Schedule

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

PEORIA IL 61604

ARS-EBSC-0325-05-P

Joshua J. Dobereiner

ARS/Eastern Business Service Center 1815 N. University Street Peoria, IL 61604

JOSHUA DOBEREINER 309-681-6410

1x 06/21/2017

AG-32SC-S-17-0040

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

Soffit replacement on building 89 and roof replacement on buildings 8, 22, 33, and

37 at the Subtropical Horticulture Research Station in Miami, FL per the attached

Statements of Work.

The North American Industry Classification System (NAICS) Code is 238160. The Small

Business Size Standard is $15.0 Million.

The magnitude of construction is estimated to be between $100,000 and $250,000.

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.)

5 90 calendar days and complete it within ________________ ________________ calendar days after receiving

07/21/2017

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...

06/21/2017

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-32SC-S-17-0040

Soffit Replacement on Building 89 and Roof

Replacement on Buildings 8, 22, 33, and 37, Miami, FL

Delivery: 11/12/2017

Delivery Location Code: ARS-SAA-6631-01

Subtropical Horticulture Research S

13601 Old Cutler Rd

Miami FL 33158 US

FOB: Destination

Period of Performance: 08/14/2017 to 11/12/2017

001 Replace soffit, Bldg. 89

Requisition No: 854605

002 Roof Replacement, Building 8

Requisition No: 848619

003 Roof Replacement, Building 22

Requisition No: 848619

004 Roof Replacement, Building 33

Requisition No: 848619

005 Roof Replacement, Building 37

Requisition No: 848619

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION AG-32SC-S-17-0040

Miami, FL

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

B - SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF CONTRACT

B.2 SCHEDULE OF ITEMS

B.3 PERFORMANCE TIME

C - SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 DESCRIPTION OF WORK:

C.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

D - SECTION D – PACKAGING AND MARKING

E - SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

E.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

E.3 FINAL INSPECTION

E.4 FINAL ACCEPTANCE

F - SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

F.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

G - SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

G.2 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

G.3 INVOICE PREPARATION AND SUBMISSION

H - SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

H.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

H.3 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

H.4 UTILITIES OUTAGE

H.5 COOPERATION WITH OTHER CONTRACTORS

H.6 SUBMITTALS AND SHOP DRAWINGS

H.7 LIST OF MATERIALS

H.8 PROPERTY DAMAGE LIABILITY INSURANCE

H.9 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

I - SECTION I – CONTRACT CLAUSES/PROVISIONS

I.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

I.2 CLAUSES INCORPORATED BY REFERENCE

I.3 PROVISIONS INCORPORATED BY REFERENCE

J - SECTION J – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

NOTICES

K - SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 CONTRACT PROVISIONS INCLUDED BY FULL TEXT:

K.2 CONTRACT PROVISIONS INCLUDED BY REFERENCE:

K.3 CONTRACT CLAUSE INCLUDED BY REFERENCE:

K.4 DUPLICATION OF COST

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

RESPONDENTS

L.1 CONTRACT PROVISIONS INCLUDED BY FULL TEXT:

L.2 CONTRACT PROVISIONS INCLUDED BY REFERENCE

L.3 CONTRACT CLAUSES INCLUDED BY REFERENCE:

L.4 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS

M - SECTION M – EVALUATION FACTORS FOR AWARD

M.1 CRITERIA FOR EVALUATING PROPOSALS

M.2 BASIS FOR AWARD

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

B - SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all labor, materials, equipment, supplies, transportation, utilities, and supervision for complete soffit replacement on building 89 and shingles and underlayment on the roof and gutter system replacement on buildings 8, 22, 33, and 37 in accordance with the clauses, specifications, drawings, attachments, and other terms and conditions set forth herein.

B.2 SCHEDULE OF ITEMS

Item # Description Price/Cost

1 Soffit Replacement, Building 89 $ 2 Roof Replacement, Building 8 $ 3 Roof Replacement, Building 22 $ 4 Roof Replacement, Building 33 $ 5 Roof Replacement, Building 37 $

B.3 PERFORMANCE TIME

90 calendar days after Notice to Proceed is issued.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

C - SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 DESCRIPTION OF WORK:

Contractor shall replace soffit on building 89 and roof and gutter systems on buildings 8, 22, 33, and 37 at the Subtropical Horticulture Research Station, Miami, FL.

C.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

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.

(End of Clause)

AGAR 452.211-73 – ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS (FEB

1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

AGAR 452.211-74 – PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from August 14, 2017 through November 12, 2017.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

D - SECTION D – PACKAGING AND MARKING

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

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

E - SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.246-70 – INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: Miami, FL.

(End of clause)

E.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.246-12 Inspection of Construction (Aug 1996)

E.3 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of re-inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.

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

(c) The Contractor's request for final inspection will not be approved unless all documentation required below, and all other contract requirements have been provided to the Contracting Officer:

-Guarantees and warranty schedule and contacts -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 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.4 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverables (e.g., certified payroll records, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

F - SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

FAR 52.211-10 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to

(a) commence work under this contract within 5 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 90 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.242-14 Suspension of Work (Apr 1984) FAR 52.242-15 Stop-Work Order (Aug. 1989)

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

G - SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) may be designated after contract award. The contractor will be notified by letter of the name and duties of the COR.

G.2 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR

PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b) through (f) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/

(b) Past performance evaluations shall be prepared for each construction contract of $700,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $700,000.

G.3 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice to josh.dobereiner@ars.usda.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 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 Certification, and updated CPM Schedule.

Once the paper invoice has been approved by the Contracting Officer, the Contractor shall submit the invoice electronically through the Invoice Processing Platform (IPP) at www.ipp.gov.

http://www.cpars.gov/ mailto:josh.dobereiner@ars.usda.gov http://www.ipp.gov/

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

H - SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.228-71 – INSURANCE COVERAGE - ALT 1 (NOV 1996)

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

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

(b) General Liability.

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

(2) The Contractor shall have property damage liability insurance in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage covering the operations of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

(End of Clause)

AGAR 452.236-71 – PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (NOV 1996)

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

(End of Clause)

AGAR 452.236-72 – USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, 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.

(End of Clause)

AGAR 452.237-74 – KEY PERSONNEL (FEB 1988)

(a) The contractor shall assign to this contract the following key personnel:

Site Superintendent

(b) 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 Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-period, the contractor

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) 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 Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person(s) being replaced. The Contracting Officer 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.

(End of Clause)

H.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.236-1 Performance of Work by the Contractor (Apr 1984) FAR 52.236-2 Differing Site Conditions (Apr 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) FAR 52.236-5 Material and Workmanship (Apr 1984) FAR 52.236-6 Superintendence by the Contractor (Apr 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991) FAR 52.236-8 Other Contracts -- (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) FAR 52.236-13 Accident Prevention (Nov 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997)

H.3 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 days after the date of receipt of award, the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371, 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 request for proposals, will not be treated as a handicap in making the award.

H.4 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.5 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

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

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.6 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) Nonapproval of equipment due to failure to meet specifications, or nonapproval 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.

H.7 LIST OF MATERIALS

(a) The Contractor shall submit for approval a complete list, in duplicate, 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.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

H.8 PROPERTY DAMAGE LIABILITY INSURANCE

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

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

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

H.9 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

Any subcontractors, outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified at time of award or agreed upon during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these individuals or firms.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

I - SECTION I – CONTRACT CLAUSES/PROVISIONS

I.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

FAR 52.222-35 – EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

FAR 52.222-36 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

FAR 52.225-9 – BUY AMERICAN-CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

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

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

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

“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: 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 Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address(es):

http://farsite.hill.af.mil/vffara.htm

AGAR 452.209-71 – ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS (FEB 2012)

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies appropriations Act, 2012, P. L. No. 112- 55, Division A, as amended and / or subsequently enacted, 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, ARS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

http://farsite.hill.af.mil/vffara.htm

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

AGAR 452.215-73 – POSTAWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 14 days after the contract award date. The conference will be held at the Subtropical Horticulture Research Station, Miami, FL.

(End of Clause)

AGAR 452.232-70 – REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE

CONSTRUCTION CONTRACTS (NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

(End of clause)

I.2 CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 Definitions (Nov 2013) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) FAR 52.203-7 Anti-Kickback Procedures (May 2014) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(May 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Apr 2014) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) FAR 52.204-13 System for Award Management Maintenance (Oct 2016) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) FAR 52.215-2 Audit and Records—Negotiation (Oct 2010) FAR 52.219-8 Utilization of Small Business Concerns (Nov 2016) FAR 52.219-14 Limitations on Subcontracting (Jan 2017) FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (May 2014) FAR 52.222-6 Construction Wage Rate Requirements (May 2014) FAR52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (May 2014) FAR 52.222-9 Apprentices and Trainees (Jul 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination -- Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sep 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) FAR 52.222-37 Employment Reports on Veterans (Feb 2016) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) https://www.acquisition.gov/?q=/browse/far/52

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sep 2013) FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts (May 2008) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.228-2 Additional Bond Security (Oct 1997) FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997) FAR 52.228-11 Pledges of Assets (Jan 2012) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014) FAR 52.228-15 Performance and Payment Bonds – Construction (Oct 2010) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-16 Progress Payments (Apr 2012) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Jul.

2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) FAR 52.233-3 Protest after Award (Aug. 1996) FAR 52.233-4 Applicable Law For Breach Of Contract Claim (Oct 2004) FAR 52.236-26 Preconstruction Conference (Feb 1995) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.243-4 Changes (Jun 2007) FAR 52.244-6 Subcontracts for Commercial Items (Jan 2017) FAR 52.246-21 Warranty of Construction (Mar 1994) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991)

I.3 PROVISIONS INCORPORATED BY REFERENCE

FAR 52.228-1 Bid Guarantee (Sep 1996)

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

J - SECTION J – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

ATTACHMENT NO. TITLE #OF PAGES

1 * Wage Determination FL170260, dated 05/19/2017 6 2 Statement of Work, Replace Roofs, Bldgs. 8, 22, 33, and 37 4 3 Statement of Work, Replace Soffit, Bldg. 89 4

4 ARS 371 2

5 ARS 372 1

6 Past/Present Performance Evaluation Form 2 7 General Requirement, Section 01010 15

NOTICES

* Attachment 1: If any of the Department of Labor (DOL) wage rates are below the Federal Minimum Wage, Fair Labor Standards Act (FLSA) rate, the FLSA rate shall take precedence.

Building 89 Soffit Replacement and Buildings 8, 22, 33, and 37 Roof Replacements

K - SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 CONTRACT PROVISIONS INCLUDED BY FULL TEXT:

FAR 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $15 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at…