AG-32SD-S-12-0049 - Install Boilers Logan.pdf

AG-32SD-S-12-0049

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

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

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85) STANDARD FORM 1442

Prescribed by GSA YFAR (48 CFR) 52.236-1(d) NSN 7540-01-155-3212

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION, OFFER

AND AWARD

( X

SOLICITATION SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _____________________________.)

YES NO

A. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due

B. An offer guarantee is, is not required.

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

D. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

OF 76 08-14-2012

CONTRACTING OFFICER

USDA-ARS-WBSC-Acquisition Branch Natural Resources Research Center 2150 Centre Avenue, Building D, Room 3039 Fort Collins, CO 80526-8119

SAME AS BLOCK 7

JAMES C. WILTSE 970-492-7017

Contractor to provide all labor, materials, equipment, tools, and qualified supervision necessary to accomplish “Install two Government furnished AERCO International high efficiency condensing boiler modules BMK2.0LN GWB” project at the USDA ARS

Poisonous Plant Research Laboratory, 1150 EAST 1400 NORTH, Logan, UT 84341.

This Acquisition is a Total Small Business Set-Aside, offers will only be accepted from firms that are Small Businesses.

purchase this requirement. The item described in this requirement will only be purchased if funds become available.

NOTE: This requirement is being solicited “SUBJECT TO THE AVAILABILITY OF FUNDS”. Funds are not currently available to

Project Cost Range: from $25,000.00 to $100,000.00

A Payment Security is required within 10 calendar days after contract award, Notice to Proceed will not be issued until a Payment Security is received and accepted by the Contracting Officer. Non-Delivery of an acceptable security is a breach Of contract and is grounds for contractor Termination for Default.

The solicitation and plans sets are available in FedBizOpps.

Contractor must complete the project within 30 calendar days after receiving notice to proceed.

NAICS CODE: 238220

SIZE STANDARD: $14.0 M

Electronic offers will not be accepted, proposals must be in hardcopy received not later than the time and date in block 13 below and at the address in block 7 above to be considered for award.

There will not be a pre-proposal submission walk through meeting (site visit). Firms interested in viewing the site can make arrangement to do so by calling Jason Tuttle on his cell phone at 435-760-7760, he can be reached on email at Jason.Tuttle@ars.usda.gov

There will not be a public bid opening as this is a request for proposals. Offers must be received not later than the time and date indicated in block 13 below, at the address in block 7 above.

15 60

X X 52.211-10

X 10

ONE 1:00 PM

8-28-2012

X

Same as Block 7

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

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

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(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.)

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return ___1___ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

USDA-OCFO, NFC

FSD, FORD Section 1 PO Box 53326 New Orleans, LA 70153

JAMES C. WILTSE

NPA-15681

Table of Contents

SECTION A - SOLICITATION/CONTRACT FORM SF 1442 SOLICITATION, OFFER,

AND AWARD (Construction, Alteration, or Repair) ……………………………………………… 1

INSTRUCTIONS AND NOTICES TO OFFERORS …………………………………………….. 6

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS …………………………………. 8

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ……………

C.1 STATEMENT OF WORK/SPECIFICATIONS …………………………………….. 9

C.2 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS …………… 9

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL ……………. 9

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] ……………………….…………. 10

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 Inspection of Construction ……………………………………………………. 11 E.2 Final Inspection …………………………………………………………………………… 12 E.3 Final Acceptance ………………………………………………………………………… 12

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK …13

F.2 52.211-13 TIME EXTENSIONS ………………………………………………….………. 13

F.3 52.242-14 SUSPENSION OF WORK …………………………………………….……

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) …………………..………..…………. 14

G-2 TAX IDENTFICATION NUMBER …………………………….……………….……….….…… 14

G-3 Contracting Officer's Representative (COR) ………………………………………….………… 14 G-4 Contract Closeout ………………………………………………………………………………….. 14 G-5 As-Built Drawings ………………………………………………………………………….……... 15 G-6 Release From Claims ………………………………………………………………………..…….. 15 G-7 Supplement to Changes Clause …………………………………………………………………….. 15 G-8 Invoice Preparation and Submission …………………………………………………………..…. 17

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.236-2 DIFFERING SITE CONDITIONS …………………………………….………… 18

H.2 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK ..…. 18

H.3 FAR 52.236-5 MATERIAL AND WORKMANSHIP ……………………………….…… 18

H.4 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR …………………………….. 19

H.5 52.236-7 PERMITS AND RESPONSIBILITIES …………………………………………. 19

H.6 52.236-8 OTHER CONTRACTS ………………………………………………………… 19

H.7 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS …………………………………………….19

H.8 52.236-10 OPERATIONS AND STORAGE AREAS ………………………………

H.9 USE AND POSSESSION PRIOR TO COMPLETION ……………………………..…. 20

H.10 52.236-12 CLEANING UP …………………………………………………………….20

H.11 52.236-13 ACCIDENT PREVENTION …………………………………………….. 21

H.12 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES ………………….21

H.13 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS …………….…….21

H.14 SCHEDULES FOR CONSTRUCTION CONTRACTS – SUPPLEMENT ………… 22

H.15 FAR 52.236-17 LAYOUT OF WORK …………………………………………….. 22

H.16 452.228-71 INSURANCE COVERAGE - ALT 1 …………………………….….… 22

H.17 452.236-71 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT …….. 23

H.18 452.236-72USE OF PREMISES ………………………………………….………….. 23

H.19 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES ……………………….. 23

H.20 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION …………

H.21 452.236-75 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE …….. 24

H.22 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT) ... 24

H.23 452.236-76 SAMPLES AND CERTIFICATES …………………………………….. 25

H.24 452.237-74 KEY PERSONNEL ……………………………………………………. 25

H.25 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE …………………... 25

H.26 WAGE DETERMINATION …………………………………………………………. 26

H.27 UTILITIES OUTAGE ………………………………………………………………. 26

H.28 COOPERATION WITH OTHER CONTRACTORS ……………………………….26

H.29 SUBMITTALS AND SHOP DRAWINGS ………………………………………… 26

H.30 LIST OF MATERIALS …………………………………………………………….27

H.31 PROPERTY DAMAGE LIABILITY INSURANCE ……………………………... 27

H.32 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS ……….28

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE ………………………… 29

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION …………………………………………………………. 31

I.3 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS ……………

I.4 52.225-10-Notice of Buy American Act Requirement-Construction Material ……….. 36

I.5 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION …….. 37

I.6 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS ………… 38

I.7 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION …….. 46

I.8 52.246-21 Warranty of Construction ……………………..…………………………. 47 I.9 452.211-72 Statement of Work/Specifications. ………………………………….…. 48 I.10 452.211-73 Attachments to Statements of Work/Specifications ……………….….….. 48 I.11 452.215-73 Postaward Conference. ………………………………………….…..…..… 49 I.12 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts … 49 I.13 452.236-72 Use of Premises ……………………………………………………………. 49 I.14 452.236-74 Control of Erosion, Sedimentation, and Pollution ……………………….. 49 I.15 452.237-71 Pre-Bid/Pre-Proposal Conference …………………………………………. 50 I.16 Notice of Total Small Business Set-Aside ……………………………………………… 50

I.17 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS ………………

I.18 52.215-8 -- Order of Precedence -- Uniform Contract Format ………………….……52

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS …………………………………………….. 53

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS …………… 54

K.2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS …………... 58

K.3 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS……..…. 62

K.4 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction ………. …………… 62

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE … 64

L2 52.216-1 TYPE OF CONTRACT …………………………………………………….64

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION …………64

L.4 52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE I ……………………….66

L.5 52.211-6 -- Brand Name or Equal ……………………………………………………… 66 L.6 452.204-70 Inquiries. ……………………………………………………….…………… 67 L.7 452.228-70 Alternative Forms of Security. ……………………….…….……………… 67 L.8 452.219-70 Size Standard and NAICS Code Information. ………………….…………. 67 L.9 52.215-1 -- Instructions to Offerors -- Competitive Acquisition ……………………….. 67

L.10 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL

AND BUSINESS PROPOSALS ………………………………………………..…… 75

L.11 452.215-72 AMENDMENTS TO PROPOSALS ……………………………..…….. 75

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 CRITERIA FOR EVALUATING PROPOSALS ………………………………….…. 76

M.2 BASIS FOR AWARD ………………………………………………………………

INSTRUCTIONS & NOTICES TO OFFERORS

SOLICITATION NOTICE: This procurement is conducted under Federal Acquisition Regulation (FAR), FAR Parts 12, Acquisition of Commercial Items and Part 13, Simplified Acquisition Procedures.

NOTE: This requirement is being solicited “SUBJECT TO THE AVAILABILITY OF FUNDS”. Funds are not currently available to purchase this requirement. The item described in this requirement will only be purchased if funds become available.

Proposals will be received by the Contracting Officer, at 2150 Centre Ave., building D, Room 3039, Fort Collins, CO 80526, at or before the scheduled time on page 1 of the SF 1442 (block

10) or by mail (Mailing Address: James C. Wiltse, Contracting Officer, USDA-ARS-WBSC, Natural Resources Research Center, 2150 Centre Avenue, Building D, Room 3039, Fort Collins, CO 80526-8119 and must be received not later than the date and time that proposals are due.

A. For technical information contact:

Jason Tuttle, Maintenance Mechanic USDA-ARS- ARS Poisonous Plant Research Laboratory

1150 EAST 1400 NORTH

Logan, UT 84341 Phone: 435 760 7760, Email: Jason.Tuttle@ars.usda.gov

B. Minimum rates of wages, required by the Davis-Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications. See attached Wage Determination.

C. Caution to offerors:

(a) It is the responsibility of each offeror to take all necessary precautions, including the use of a proper mailing cover, to ensure that his/her proposal cannot be ascertained by anyone prior to closing. Offerors may, use any suitable envelope, identifying the project by title, station location, and Request for Proposal closing time and date.

D. Special note: This procurement is subject to the requirements of the Buy American Act. The requirements are set forth in Section I (see also “NOTE” below in this section).

E. PRE-PRPOSAL SUBMISSION CONFERENCE: A Pre-Proposal Site Visit and

Conference will not be held. Firms interested in viewing the site can make arrangement to do so by contacting Jason Tuttle, Maintenance Mechanic, Phone: 435 760 7760, Email:

Jason.Tuttle@ars.usda.gov

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to attend this meeting and inspect the site.

ALL QUESTIONS REGARDING THE SOLICITATION must be submitted in writing to the contracting officer:

• at the address shown in block 8 on the SF1442;

• via fax (970-492-7031); or

• via e-mail to James.Wiltse@ars.usda.gov.

PERFORMANCE & PAYMENT BONDS: If the contract exceeds $100,000 the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in Section I. Copies of SFs 25 and 25A may be obtained at http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF Scroll down to the SF 25 and SF 25A and click on the form. If the contract exceeds $30,000 the bidder to whom award shall furnish a payment security, which can be a payment bond SF 25A or one of the securities listed in provision L.7 452.228-70 Alternative Forms of Security.

DEFINITIONS:

"Contracting Officer" is the exclusive representative of the ARS-USDA who has the authority to enter into, administer, terminate, modify, approve changes, or otherwise represent and bind the USDA-ARS in all matters arising under or relating to this contract.

"COR/Resident Engineer/Project Engineer" - In this solicitation/contract, the term COR, Resident Engineer, and Project Engineer are used interchangeably to mean the Contracting Officers Representative - an ARS-USDA staff person who serves as the point of contact for issues relating to the administration and coordination of this project. The COR has NO authority to make changes to the contract terms which affect contract prices, quality, quantities or delivery terms and conditions.

CAUTION: No oral statements made by the contract parties or other interested parties will take precedence over the written terms and conditions of the solicitation or resultant contract.

ISSUANCE OF NOTICE TO PROCEED: NOTICE TO PROCEED MAYBE DELAYED UP

TO 30 DAYS FROM TIME OF CONTRACT AWARD.

NOTE: The Government reserves the right to award a contract without discussions under this solicitation.

NOTE: Progress schedule should be completed and submitted to the Contracting Officer before the Pre-Construction Conference.

Notice of Set-Aside for Small Business Concerns: this requirement is 100% set-aside for small business. NAICS for this action is 238220, and the Size Standard is $14.0M.

mailto:James.Wiltse@ars.usda.gov http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF

PART I - THE SCHEDULE

ITEM NO DESCRIPTION AMOUNT

OFFERED PRICE

For furnishing labor, supervision, material, tools, equipment, transportation, etc., necessary to accomplish all work in accordance with the specifications in the attachments.

ALL FOR THE TOTAL PRICE OF…………$___________

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Note: See Attachments

C.1 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 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.

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL

This solicitation is a competitive Request For Proposals (RFP) under FAR Part 15. While this solicitation, including specifications, drawings, and attachments, may make reference to “bids” and/or “proposals” interchangeably, any reference to “bids (s)” shall not be mistaken for an Invitation For Bids under FAR Part 14. Also, if any references are made to additive items in the specifications or drawings, the term additive item will mean the same as option item.

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

Section E

AG-32SD-S-12-0049 Page 11 of 76

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 -- Inspection of Construction. (Aug. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. 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.

(End of Clause)

Section E

AG-32SD-S-12-0049 Page 12 of 76

E.2 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms and conditions 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 under this contract, and all other contract requirements have been provided to the Government.

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

E.3 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverables (e.g., certified payroll records, operation & maintenance manuals, 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

Section F

AG-32SD-S-12-0049 Page 13 of 76

SECTION F - DELIVERIES OR PERFORMANCE

52.247-34 F.O.B. DESTINATION NOV 1991

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB 1999

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 days after receipt of receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.3 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension delay or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

Section G

AG-32SD-S-12-0049 Page 14 of 76

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

Please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ___ ___ ___ ___ ___ ___ ___ ___ ___

G.2 TAX IDENTFICATION NUMBER (TIN)

Please provide the Tax Identification Number assigned to your firm in the space provided below:

TIN# ___ ___ ___ ___ ___ ___ ___ ___ ___

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

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

G.4 CONTRACT CLOSEOUT

(a) Closeout Procedures:

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

(2) Provide submittals required by governing authorities.

(b) Cleaning:

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

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

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

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

a. Clean all sight exposed surfaces.

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

c. All concrete floors and stairwells are to be broom clean.

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

(c) Project Record Drawings:

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

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

(3) Label each document "Project Record."

(4) Keep record documents current.

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

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

AG-32SD-S-12-0049 Page 15 of 76

(d) Operating and Maintenance Manuals:

(1) System Demonstration

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

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

(2) Warranties:

a. Submit warranties prior to final application for payment.

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

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

G.5 AS-BUILT DRAWINGS

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

G.6 RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The Contractor shall complete and submit, on company letterhead, the following statement with his final billing:

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

Date:__________________

Contractor's Signature:______________________

Title:______________________________

G.7 SUPPLEMENT TO CHANGES CLAUSE

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

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

1. Material quantities and unit prices;

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

AG-32SD-S-12-0049 Page 16 of 76

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

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any).

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

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

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

SUMMARY SHEET FORMAT (SAMPLE)

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

1. Direct Materials $________________

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

3. Direct Labor $________________

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

5. Rental Equipment $________________

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

7. SUBTOTAL (add lines 1-6) $________________

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

9. SUBTOTAL (add lines 7-8) $________________

SUB-CONTRACTOR’S WORK

10. Direct Materials $________________

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

12. Direct Labor $________________

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

14. Rental Equipment $________________

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

16. SUBTOTAL (add lines 10-15) $________________

17. Overhead (% of line 16) $________________

18. SUBTOTAL (add lines 16-17) $________________

19. Profit (% of line 18) $

20. SUBTOTAL (add lines 18-19) $________________

TOTAL PRIME & SUB-CONTRACTOR’S WORK

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

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

23. SUBTOTAL (add lines 21-22) $________________

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

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

26. SUBTOTAL (add lines 23-25) $________________

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

28. TOTAL COST $________________

AG-32SD-S-12-0049 Page 17 of 76

Date for Time Extension (if any and justification):

Signature & Title of Preparer _______________________ Date ____________

G.8 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice and one copy to the following address:

USDA, ARS, WBSC, Acquisition Branch Natural Resources Research Center 2150 Centre Avenue, Building D, Room 3039 Fort Collins, CO 80526-8119

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 Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

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

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records, updated CPM Schedule, AND the certification that sub-contractors have been paid, see clause 52.232-5 Payments Under Fixed-Price Construction Contracts.

Note: ACCOUNTING AND APPROPRIATION DATA WILL BE ENTERED IN BLOCK

23 ON PAGE 2 AT THE TIME OF AWARD.

AG-32SD-S-12-0049 Page 18 of 76

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

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

(c) No request by the contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

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

H.2 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR

1984)

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

(b) The Government assumes no responsibility for any conclusions or interpretations made by the contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

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

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing

AG-32SD-S-12-0049 Page 19 of 76 a standard of quality and shall not be construed as limiting competition. The contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

H.4 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H.5 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

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

H.6 52.236-8 OTHER CONTRACTS (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.7 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract

AG-32SD-S-12-0049 Page 20 of 76 performance, or by the careless operation of equipment, or by workmen, the contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

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

H.8 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(a) The contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the contractor and shall be removed by the contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the contractor shall protect them from damage. The contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

H.9 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use.

However, failure of the Contracting Officer to list any item of work shall not relieve the contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

H.10 52.236-12 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are

AG-32SD-S-12-0049 Page 21 of 76 not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H.11 52.236-13 ACCIDENT PREVENTION (NOV 1991)

(a) The contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract.

(b) For these purposes on…