AG-32SD-S-14-0027.pdf

5/27/2014

835/14/2014

If award is $30,000.0 or more a Payment Security is required.

James.Wiltse Text Box x

James C. Wiltse

AG-32SD-S-14-0027

Table of Contents

SECTION A –

Contract Form (Construction, Alteration, or Repair) ……………………………………………… 1

INSTRUCTIONS AND NOTICES ………………………….…………………………………….. 5

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS …………………………………. 9

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

C.1 STATEMENT OF WORK/SPECIFICATIONS …………………………………….. 10

C.2 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS …………… 10

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL ……………. 10

C.4 Farm Security and Rural Investment Act of 2002 (FSRIA), (EO) 13423 ……………….10

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] ……………………….…………. 12

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 Inspection of Construction ……………………………………………………. 13 E.2 Final Inspection …………………………………………………………………………… 14 E.3 Final Acceptance ………………………………………………………………………… 14

E.4 452.246-70 Inspection and Acceptance …………………………………………… 14

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK …15

F.2 52.211-13 TIME EXTENSIONS ………………………………………………….………. 15

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

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contracting Officer's Representative (COR) ………………………………………….………… 17 G-2 Contract Closeout ………………………………………………………………………………….. 17 G-3 As-Built Drawings ………………………………………………………………………….……... 18 G-4 Release From Claims ………………………………………………………………………..…….. 18 G-5 Supplement to Changes Clause …………………………………………………………………….. 18 G-6 Invoice Preparation and Submission …………………………………………………………..…. 19

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.236-2 DIFFERING SITE CONDITIONS …………………………………….………… 21

H.2 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK ..…. 21

H.3 FAR 52.236-5 MATERIAL AND WORKMANSHIP ……………………………….…… 21

H.4 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR …………………………….. 22

H.5 52.236-7 PERMITS AND RESPONSIBILITIES …………………………………………. 22

H.6 52.236-8 OTHER CONTRACTS ………………………………………………………… 22

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

UTILITIES, AND IMPROVEMENTS …………………………………………….22

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

H.9 USE AND POSSESSION PRIOR TO COMPLETION ……………………………..…. 23

H.10 52.236-12 CLEANING UP …………………………………………………………….23

H.11 52.236-13 ACCIDENT PREVENTION …………………………………………….. 24

H.12 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES ………………….24

H.13 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS …………….…….24

H.14 SCHEDULES FOR CONSTRUCTION CONTRACTS – SUPPLEMENT ………… 25

H.15 FAR 52.236-17 LAYOUT OF WORK …………………………………………….. 25

H.16 452.228-71 INSURANCE COVERAGE - ALT 1 …………………………….….… 25

H.17 452.236-71 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT …….. 26

H.18 452.236-72USE OF PREMISES ………………………………………….………….. 26

H.19 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES ……………………….. 26

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

H.21 452.236-75 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE …….. 27

H.22 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT) ... 27

H.23 452.236-76 SAMPLES AND CERTIFICATES …………………………………….. 28

H.24 452.237-74 KEY PERSONNEL ……………………………………………………. 28

H.25 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE ………………... 28

H.26 WAGE DETERMINATION …………………………………………………………. 29

H.27 UTILITIES OUTAGE ………………………………………………………………. 29

H.28 COOPERATION WITH OTHER CONTRACTORS ……………………………….29

H.29 SUBMITTALS AND SHOP DRAWINGS ………………………………………… 30

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

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

H.32 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS ……….31

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE ………………………… 32

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

REREPRESENTATION …………………………………………………………. 34

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

I.4 52.225-10-Notice of Buy American Act Requirement-Construction Material ……….. 39 I.5 52.212-4 Contract Terms and Conditions – Commercial Items …………………….. 40

I.6 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION …….. 48

I.7 52.246-21 Warranty of Construction ……………………..…………………………. 49 I.8 452.211-72 Statement of Work/Specifications. ………………………………….…. 50 I.9 452.211-73 Attachments to Statements of Work/Specifications ……………….….….. 51 I.10 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts … 51 I.11 452.236-72 Use of Premises ……………………………………………………………. 51 I.12 452.236-74 Control of Erosion, Sedimentation, and Pollution ……………………….. 51

I.13 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS ………………

I.14 52.215-8 -- Order of Precedence -- Uniform Contract Format ………………….……52 I.15 52.212-5 -- Contract Terms and Conditions Required to Implement ………… 52

Statutes or Executive Orders -- Commercial Items I.16 52.223-2 -- Affirmative Procurement of Biobased Products Under Service ….. 59

And Construction Contracts.

I.17 52.252-1 -- Solicitation Provisions Incorporated by Reference …………………. 61

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS …………………………………………….. 62

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.223-1, Biobased Product Certification …………………………………………….. 63 K.2 52.252-1 -- Solicitation Provisions Incorporated by Reference …………………….. 63 K.3 52.204-8 Annual Representations and Certifications …………………….… K.4 52.219-1 Small Business Program Representations ……………………..…

K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS ….. 71

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE … 73

L.2 52.216-1 TYPE OF CONTRACT ……………………………………………………..…73

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE … 73

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

L.4 52.236-27 SITE VISIT (CONSTRUCTION) ………………………………………………… 74

L.5 52.211-6 -- Brand Name or Equal ……………………………………………………………….. 75 L.6 452.204-70 Inquiries ……………………………………………………………………….. 75 L.7 452.228-70 Alternative Forms of Security. ……………………………………………….. 75 L.8 452.219-70 Size Standard and NAICS Code Information ……………………………….. 76 L.9 52.215-1 -- Instructions to Offerors -- Competitive Acquisition …………………………. 76

L.10 452.215-72 AMENDMENTS TO PROPOSALS ………………………………………. 80

L.11 IDENTIFICATION OF BIOBASED PRODUCTS ……………………………………….. 80

SECTION M - EVALUATION FACTORS FOR AWARD ……………………………………………. 82

NOTICE: This procurement is conducted under authority of Part 13 - Simplified Acquisition Procedures.

NOTE: This acquisition is a total Small Business Set-Aside. Offers will only be accepted from firms that have certified themselves in SAM (ORCA) as a Small Business for the size standard of $14.0M under NAICS 238210.

Offerors must be registered in the SAM (System for Award Management) at https://www.sam.gov/portal/public/SAM/ and ORCA which is contained within SAM, to be considered for award.

1. See attachments for the Wage Determination for this project, it contains minimum wage rates that must be paid for work done on site.

2. Project title: "Pump House Electrical Repair Project” for:

USDA-ARS-NPA-LIVESTOCK & RANGE RES. LAB (LARRL)

243 FORT KEOGH ROAD

Miles City MT 59301

3. Statement of Work: See attachments for statement of work and applicable specifications.

NOTE: All work must be complete within sixty (60) Calendars after Notice to Proceed is received.

4. For questions about the site contact Amy Bontrager at 406-874-8239 Amy.Bontrager@ARS.USDA.GOV.

5. This procurement is subject to the requirements of the Buy American Act. The requirements are set forth in Section I.

6. 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 are urged and expected to attend the pre-proposal site conference and inspect the site.

7. BONDS:

A. If the contract exceeds $150,000, or if upon the exercise of the option the contract exceeds $150,000, the contractor 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/forms/type/TOP search on SF25 and select the form.

B. 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. 25A may be obtained at http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF search on SF25 and select the form.

https://www.sam.gov/portal/public/SAM/ http://www.gsa.gov/portal/forms/type/TOP http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF

8. VETS-100 reporting: If the contract exceeds $150,000, or if upon the exercise of the option the contract exceeds $150,000, the contractor will be required to furnish evidence that VETS-100 reporting has been made to the US DoL.

9. 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.

10. 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.

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

60 DAYS FROM TIME OF CONTRACT AWARD.

12. NOTE: Progress schedule should be completed and submitted to the Contracting Officer before the first progress payment invoice is submitted.

13. NAICS for this action is 238210, and the Size Standard is $14.0M.

14. The magnitude of the project is between $25,000.00 and $100,000.00.

15. Location Information: Fort Keogh is a 55,000 acre USDA-Agricultural Research Service rangeland beef cattle research facility operated in cooperation with the Montana Agricultural Experiment Station.

Click on the picture for an Introduction to Fort Keogh.

See the website below for more information: http://www.ars.usda.gov/main/site_main.htm?modecode=54-34-05-00

16. Clause 52.223-2 requires: The contractor shall report to the environmental point of contact, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the contractor during the previous fiscal year.

The report must be submitted not later than October 31 of each year during contract performance and at the end of contract performance. See list of attachments for Categories of biobased products, this list and linked descriptions can be found at http://cfr.regstoday.com/7CFR3201.aspx

The environmental point of contact is:

Ron Buckhalt RonB.Buckhalt@dm.usda.gov http://www.ars.usda.gov/main/site_main.htm?modecode=54-34-05-00 http://cfr.regstoday.com/7CFR3201.aspx

Phone: 202-205-4008

17. Recycled Content Construction Materials and Products are required for materials used in this project. The Resource Conservation and Recovery Act (Section 6002) supplemented by Executive Order 13423 requires all federal projects and facilities to preferentially purchase certain products with recovered material content (see “Resources” below for a list of these products and guidelines for purchasing them).

The Comprehensive Procurement Guideline program (CPG authorized by Congress under Section 6002 of the Resource Conservation and Recovery Act) is the tool used by the U.S. Environmental Protection Agency to designate which products shall be purchased with recovered material. The requirements for [Pumphouse Repair Project] are:

• All designated products shall be purchased with the highest recovered (recycled) material content level practical, meeting at least the U.S. Environmental Protection Agency recycled products requirements (see “Resources” below). The only justifications allowed for not purchasing the designated products with recycled content are the CAP:

o Cost excessively high compared to the virgin version o Not Available o Performance does not meet the specifications required for the project.

• To help meet reporting requirements, the contractor will provide the COR with the dollar amount and recycled content of designated product purchases at the submittal phase and at the completion of the project whether the products contained the required recycled content or not.When the contractor cannot purchase a designated product with recycled content, they need to submit a justification to report the comparative prices of the recycled versus the non-recycled material, the suppliers contacted for availability, or the specification restricting the purchase.

18. Energy Efficient Products Energy policy acts of 1992, 2005, 2007 and Executive Order 13423 require the purchase of energy efficient products--either those labeled “ENERGY STAR” or designated by the U.S. Department of Energy’s Federal Energy Management Program (FEMP). The requirement applies both to direct purchases and contracted services, including contracts for design, construction, renovation, or maintenance of a public building. For contracted services, the contractor must provide ENERGY STAR, FEMP qualified, or other energy efficient products.

19. Ozone-Depleting Alternatives The Clean Air Act (Title VI) and Executive Order 13423 require giving preference to the purchase of safe alternatives to ozone-depleting substances as approved by EPA’s Significant New Alternatives Policy (SNAP) program.

20. Waste Prevention and Recycling As required by The Resource Conservation and Recovery Act and Executive Order 13423, must meet certain waste prevention and recycling targets. The requirements for this construction project are:

• All contractors are encouraged to minimize the waste generated during construction and demolition projects and maximize the amount of material that is reused and recycled. Contractors should take full advantage of all reuse and recycling programs available.

• At the end of each quarter and at the completion of the project, the contractor will provide the COR with information on all materials that were dispositioned, denoting the weight or volume of each material and whether it was reused, recycled, or disposed of.

21. Desired Environmentally Preferable Construction Materials:

In addition to the items required, USDA-ARS encourages the purchase of materials and products that are environmentally preferable-- those which life-cycle analyses show to be environmentally preferable either because of their resource materials, manufacturing process, toxicity levels, end-of-life possibilities, etc.

These include but are not limited to biobased, energy and water efficient products; wood certified by the Forest Stewardship Council; paints and adhesives with low volatile organic compound (VOC) content.

See “Resources” below for environmentally preferable materials and product guides.

22. Farm Security and Rural Investment Act:

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

23. Resources:

• Biobased: Biobased Industrial Products certified by the U.S. Department of Agriculture at http://www.biopreferred.gov/DesignationItems.aspx

• Biobased/Recycled Exemption Form: Affirmative Procurement Exemption Justification Form to report products which could not be purchased with the specified biobased or recycled content at http://www.hss.doe.gov/pp/epp/library/exemjus.doc

• Contract Language: Contract Language for Environmentally Preferable Products database in which to search for language to use in your sub- contracts for construction materials, cleaning products, furniture, etc. at http://yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/Search.html?Open

• Energy Efficient: Federal Energy Management Program for energy efficient products at http://www1.eere.energy.gov/femp/procurement

• Recycled: Comprehensive Procurement Guidelines for products designated by the U.S. Environmental Protection Agency for purchase with recovered materials at http://www.epa.gov/epaoswer/non-hw/procure/products.htm http://www.biopreferred.gov/DesignationItems.aspx http://www.hss.doe.gov/pp/epp/library/exemjus.doc http://www.hss.doe.gov/pp/epp/library/exemjus.doc http://yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/Search.html?Open http://www1.eere.energy.gov/femp/procurement http://www.epa.gov/epaoswer/non-

PART I - THE SCHEDULE

SEPARATE BID PAGE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE 17 OF STANDARD FORM 1442

BID SCHEDULE

Item 01: Contractor to provide all labor, materials, equipment, tools, and qualified supervision to accomplish the "Pump House Electrical Repair Project” per the plans and specifications in the attachments, for a 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 Quotes (RFQ) under FAR Part 13. 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.

C.4 Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423 The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products. The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulating foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular crop or livestock). In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit a Minor Construction Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements: The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices. Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

SECTION D - PACKAGING AND MARKING

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

AG-32SD-S-14-0027 Section E

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)

AG-32SD-S-14-0027 Section E

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

E.4 452.246-70 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:

USDA-ARS-NPA-LIVESTOCK & RANGE RES. LAB (LARRL)

243 FORT KEOGH ROAD

Miles City MT 59301

(End of clause)

Section F

AG-32SD-S-14-0027 Page 15 of 83

SECTION F - DELIVERIES OR PERFORMANCE

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

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

ADDENDUM to F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984)

It is understood that work on-site will not commence 15 calendar days after the notice to proceed due to the lead time of the required components.

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

Section F

AG-32SD-S-14-0027 Page 16 of 83

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-14-0027 Page 17 of 83

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

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

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

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

(2) Provide submittals required by governing authorities.

(b) Cleaning:

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

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

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

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

a. Clean all sight exposed surfaces.

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

c. All 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.

(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.

AG-32SD-S-14-0027 Page 18 of 83

G.3 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.4 RELEASE FROM CLAIMS

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

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

Date:__________________

Contractor's Signature:______________________

Title:______________________________

G.5 SUPPLEMENT TO CHANGES CLAUSE

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

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

1. Material quantities and unit prices;

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

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

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any).

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

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

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

AG-32SD-S-14-0027 Page 19 of 83

SUMMARY SHEET FORMAT (SAMPLE)

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

1. Direct Materials $________________

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

3. Direct Labor $________________

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

5. Rental Equipment $________________

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

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

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

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

SUB-CONTRACTOR’S WORK

10. Direct Materials $________________

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

12. Direct Labor $________________

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

14. Rental Equipment $________________

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

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

17. Overhead (% of line 16) $________________

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

19. Profit (% of line 18) $

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

TOTAL PRIME & SUB-CONTRACTOR’S WORK

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

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

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

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

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

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

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

28. TOTAL COST $________________

Date for Time Extension (if any and justification):

Signature & Title of Preparer _______________________ Date ____________

G.6 INVOICE PREPARATION AND SUBMISSION

Upon acceptance of required contract deliverables, the contractor shall submit invoice to the “Invoice Processing Platform” (IPP) system:

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the

AG-32SD-S-14-0027 Page 20 of 83 password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

e-mail notification when invoice(s) are paid online payment history remittance download

The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. Attached is a list of contract awards that will be processed via

IPP.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or cod.help@usda.gov.

Note: ACCOUNTING AND APPROPRIATION DATA WILL BE ENTERED ON THE

AWARD DOCUMENT AT THE TIME OF AWARD.

mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov

AG-32SD-S-14-0027 Page 21 of 83

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

AG-32SD-S-14-0027 Page 22 of 83 patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

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

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

H.4 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-14-0027 Page 23 of 83 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.