Amendment_001 _Mandan _ND_Library_AG-32SD-S-15-0022.pdf

(x)

AG-32SD-S-15-0022

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

06/18/2015000001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/18/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1) Change the Contracting Officer of record from James Wiltse to Trent Stevens

2) Change the date of the site visit/pre-proposal conference to Tuesday, July 7th at

10:00am local time.

all other terms and conditions remain unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

RICHARD T. STEVENS

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Trent Stevens Contracting Officer

USDA ARS WBSC AB

5601 Sunnyside Ave Beltsville, MD 20705

07/01/2015

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-32SD-S-15-0022

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

6/18/2014

PAGE OF PAGES

1 90

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR

INFORMATION

CALL:

a. NAME

TRENT STEVENS

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

301-504-4584

SOLICITATION

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

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

Contractor to provide labor, supervision, material tools, equipment, transportation, etc., necessary to accomplish the "Renovation of the NGPRL Library Renovation" Project at the USDA, ARS, Northern Plains Area, Northern Great Plains Research Laboratory (NGPRL) 1701 10th Avenue

SW, Mandan, ND 58554, per the attached drawings and specifications.

The magnitude of the project is between $100,000.00 and $500,000.00.

A Bid Bond is required under this solicitation, a Payment Bond and a Performance Bond is required within 10 calendar days after award.

NAICS CODE: 236220

SIZE STANDARD: $36.5M

Offers are due not later than 4:00 PM Eastern Time, on 7/17/2015.

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 $36.5M under NAICS 236220. 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.

11. The Contractor shall begin performance 15 calendar days and complete it within 180 calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (See .)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

x YES NO 12b. CALENDAR DAYS

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 1600 (hour) local time

07/17/2015 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time . Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee x 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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d) http://www.sam.gov/portal/public/SAM/

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

x 28. NEGOTIATED AGREEMENT

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

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,

29. AWARD

(Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

RICHARD T. STEVENS

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

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AG-32SD-S-15-0022

Contents

PART I - THE SCHEDULE (BID SCHEDULE)

B.1 SCOPE OF CONTRACT

B.2 SCHEDULE OF ITEMS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

C.2 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS (FEB 1988)

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL

C.4 Green Purchasing

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 FINAL INSPECTION

E.3 FINAL ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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

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

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

G.2 TAX IDENTFICATION NUMBER (TIN)

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

G.4 CONTRACT CLOSEOUT

G.5 AS-BUILT DRAWINGS

G.6 RELEASE FROM CLAIMS

G.7 SUPPLEMENT TO CHANGES CLAUSE

G.8 INVOICE PREPARATION AND SUBMISSION

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

H.2 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

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

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

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

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

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H.7 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

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

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

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

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

H.12 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

H.13 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

H.14 SCHEDULES FOR CONSTRUCTION CONTRACTS - SUPPLEMENT

H.15 FAR 52.236-17 LAYOUT OF WORK (APR 1984)

H.16 452.228-71 INSURANCE COVERAGE - ALT 1 (NOV 1996)

H.17 452.236-71 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT(NOV 1996)

H.18 452.236-72 USE OF PREMISES (NOV 1996)

H.19 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

H.20 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

H.21 452.236-75MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (NOV 1996)

H.22 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

H.23 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

H.24 452.237-74 KEY PERSONNEL (FEB 1988)

H.25 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

H.26 WAGE DETERMINATION

H.27 UTILITIES OUTAGE

H.28 COOPERATION WITH OTHER CONTRACTORS

H.29 SUBMITTALS AND SHOP DRAWINGS

H.30 LIST OF MATERIALS

H.31 PROPERTY DAMAGE LIABILITY INSURANCE

H.32 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 Exercise of Options

I.3 52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013)

I.4 52.225-9 -- Buy American Act–Construction Materials. (May 2014)

I.5 52.225-10-Notice of Buy American Act Requirement-Construction Materials. (May 2014)

I.6 52.228-1 BID GUARANTEE (SEP 1996)

I.7 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

I.8 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (May 2014)

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I.9 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.10 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.11 452.211-72 Statement of Work/Specifications. (FEB 1988)

I.12 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

I.13 452.215-73 Postaward Conference. (NOV 1996)

I.14 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts (NOV 1996) ..56

I.15 452.236-72 Use of Premises. (NOV 1996)

I.16 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

I.17 452.237-71 Pre-Bid/Pre-Proposal Conference. (FEB 1988)

I.18 52.222-54 – Employment Eligibility Verification. (Aug 2013)

I.19 52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997)

I.20 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013)

I.21 52.223-9 -- Estimate of Percentage of Recovered Material Content for EPA Designated (May 2008)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS 63

PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

K.1 52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998)

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.4 52.204-8 -- Annual Representations and Certifications. (May 2014)

K.5 52.219-1 Small Business Program Representations (Apr 2012)

K.6 52.219-2 EQUAL LOW BIDS (OCT 1995)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

L.6 52.211-6 -- Brand Name or Equal (Aug 1999)

L.7 452.204-70 Inquiries. (FEB 1988)

L.8 452.228-70 Alternative Forms of Security. (NOV 1996)

L.9 452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

L.10 52.215-1 -- Instructions to Offerors -- Competitive Acquisition. (Jan 2004)

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L.11 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS

L.12 452.215-72 AMENDMENTS TO PROPOSALS (FEB 1988)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 52.217-4 -- Evaluation of Options Exercised at Time of Contract Award. (Jun 1988)

M.2 CRITERIA FOR EVALUATING PROPOSALS

M.3 BASIS FOR AWARD

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INSTRUCTIONS & NOTICES TO OFFERORS Contractors must be registered in the SAM (System for Award Management) at http://sam.gov/ including an ORCA (On-Line Representations & Certifications) within SAM prior to the offer receipt time on page 1 or as amended. Because of the short bid acceptance period offers received from vendors not registered at that time will be rejected and not considered for award.

NOTE: Offerors must fill-out the attachment labeled Experience Questionnaire and submit it with their offer. Offerors should have their customers fill out the attachment labeled PAST - PRESENT

PERFORMANCE CUSTOMER QUESTIONNAIRE and have their customer email it to the

Contracting Officer at Trent.Stevens@ars.usda.gov to facilitate the evaluation of the past performance of each offeror.

See section M, this is a "Buy Best Value" acquisition; section M is the "Buy Best Value"

Evaluation Factors for Award. All responsible sources may submit a response which, if timely received, will be considered by the agency.

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

Proposals will be received by the Contracting Officer via email at Trent.Stevens@ars.usda.gov at or before the scheduled time on page 1 of the SF 1442 (block 8). To be considered for award, proposals must be received not later than the date and time that proposals are due.

A. For technical information contact:

Facility Engineer: Greg Graham

USDA-ARS-Western Business Service Center 2150 Centre Ave. Building D, Suite 310 Fort Collins, CO 80526-8119 Phone: (970)492-7035

Email: Greg.Graham@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.

http://sam.gov/ http://www.ccr.gov/ mailto:Trent.Stevens@ars.usda.gov mailto:Greg.Graham@ARS.USDA.GOV

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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).

PRE-PRPOSAL SUBMISSION CONFERENCE: A Pre-Proposal Site Visit and Conference will be held at 10am local time on July 7th at the NORTHERN GREAT PLAINS RESEARCH

LAB, 1701 10th Avenue SW, Mandan, ND 58554. No advance notice of participation in the

Pre-proposal Conference is required. General questions regarding the proposal process will be answered at this meeting. Contact Duane Krein at (701)667-3017 for information on the pre-proposal walk through. Technical questions regarding the project will not be addressed at the meeting, but must be submitted in writing to the Contracting Officer by July 10, 2015 at 1:00 pm (Eastern Standard Time).

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 this meeting and inspect the site.

ALL QUESTIONS REGARDING THE SOLICITATION must be submitted in writing to the contracting officer via email to Trent.Stevens@ars.usda.gov

BID BOND: A bid bond is required and it must be submitted with the offerors proposal.

PERFORMANCE & PAYMENT BONDS: Since the magnitude of the project exceeds $150,000 the bidder to whom award is made will be required to furnish two bonds within ten days after award, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in

S ection 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.

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.

http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF

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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.

VETS 100 REPORT: Prior to award, the successful bidder must provide evidence of a current VETS 100 report. Visit http://www.dol.gov/vets/contractor/main.htm for information on filing your report with the Department of Labor.

ISSUANCE OF NOTICE TO PROCEED:

Notice to proceed maybe delayed up to 60 days from time of contract award.

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

Phone: 202-205-4008 http://www.dol.gov/vets/contractor/main.htm http://cfr.regstoday.com/7CFR3201.aspx mailto:RonB.Buckhalt@dm.usda.gov

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PART I - THE SCHEDULE (BID SCHEDULE)

B.1 SCOPE OF CONTRACT

The USDA-ARS-NPA-Northern Great Plains Research Laboratory (NGPRL) 1701 10th Avenue SW, Mandan, ND 58554, has a has a requirement for a construction project entitled "Renovation of the NGPRL Library."

The project consists of demolition, renovating exterior enclosures, construction of interior partitions and soffits, as well HVAC and electrical work that will be identified in the Construction Project Specifications.

The successful contractor shall furnish all labor, material, and supervision to perform this work in accordance with the specifications within 180 calendar days after receipt of Notice to Proceed.

B.2 SCHEDULE OF ITEMS

ITEM 001 For furnishing labor, supervision, material, BASIC BID tools, equipment, transportation, etc., necessary to renovate the USDA NGPRL Library in Mandan, ND as outlined in the Drawings and Specifications.

ALL FOR THE LUMP SUM OF………………$

ITEM 002 For furnishing labor, supervision, material, OPTION #1 tools, equipment, transportation, etc., necessary to complete Add Alternate one, Exterior Wall

Insulation, as outlined in the Drawings and Specifications.

ALL FOR THE LUMP SUM OF………..……$

ITEM 003 For furnishing labor, supervision, material, OPTION #2 tools, equipment, transportation, etc., necessary to complete Add Alternate two, Window Replacement, as outlined in the Drawings and Specifications.

ALL FOR THE LUMP SUM OF………………$_

The option items above shall be priced as stand-alone option items. The Government reserves the right to accept any, all, or none of these option items in any order. Options will be evaluated for award in accordance with section M. Also see clause I.2. It is anticipated that the Government may exercise an option or options at time of award. The Government may require the work and materials identified in the Schedule as option items, at the price stated in the Schedule, if awarded at time of award and/or the Contracting Officer may exercise options by written notice to the Contractor within 14 calendar days after contractor’s receipt of Notice to Proceed.

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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.

C.4 Green Purchasing 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 [Grain Bin

Construction 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.

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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.

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.

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.

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.

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 http://www.biopreferred.gov/DesignationItems.aspx http://www.hss.doe.gov/pp/epp/library/exemjus.doc http://yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/Search.html?Open

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• 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

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.

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.

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.

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.

http://www1.eere.energy.gov/femp/procurement http://www.epa.gov/epaoswer/non-

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SECTION D - PACKAGING AND MARKING

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

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)

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 - 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.

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 - 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.

(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):

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 $

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 invoices into the “Invoice Processing Platform” (IPP), 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).

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 AT THE

TIME OF AWARD.

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…