RFQ_AG32SDS16005_12152015.pdf

REQUEST FOR QUOTATIONS (RFQ)

for

FACITILIES IMPROVEMENT REPAIRS, USDA ARS, NATIONAL

CLONAL GERMPLASM REPOSITORY (NCGR)

CORVALLIS, OREGON

RFQ NUMBER: AG-32SD-S-16-005

QUOTE DUE: JANUARY 05, 2016; 4:00 PM (PST)

IMPORTANT - NOTICE TO INTERESTED CONTRACTORS

This RFQ is a 100% set-aside for Total Small Business.

Please read this RFQ in its entirety including the SECTIONS B, K, L & M and all ATTACHMENTS. Besides SECTION B & the Evaluation Factors listed in SECTION M, please complete the following:

A) Sign and return ONE copy of the RFQ form - Standard Form 18.

B) Along with a completed SECTION B, include a BREAKDOWN OF THE OFFERED PRICE ATTACHMENT 3); a CALCULATION OF SELF PERFORMED WORK (ATTACHMENT 4); and a

PAST PERFORMANCE QUESTIONNAIRE (ATTACHMENT 5).

C) It is highly recommended and strongly encouraged that all interested Contractors visit the project site, inspect and observe the site conditions, and review the project scope and requirements at the site prior to submission of an offer. A site inspection will be conducted for prospective offerors on December 22, 2015 to provide information concerning the Government’s requirements and to answer any questions regarding this RFQ. Failure on the part of the Contractor to acquaint him/herself with the site conditions will not be sufficient reason for any increase in contract price.

D) All Terms & Conditions of the Solicitation shall remain unchanged, unless formally changed by a written amendment to the Solicitation and posted to www.fbo.gov.

E) Interested Contractors are required to register or update their registration (including Representations & Certifications) at the System for Award Management (SAM) website at www.sam.gov in order to receive a contract award under this Solicitation. As a confirmation of this requirement, SECTION K must be signed and submitted with their quotes.

Furnish Quotes to Ms. Washingtoni, Contracting Specialist/Contracting Officer, USDA, ARS, WBSC, Contracting Office, via email to Washingtoni.NLN@ars.usda.gov no later than 4 p.m. (PST) on JANUARY 05, 2016. NO

QUOTES AFTER THIS TIME OR DATE WILL BE ACCEPTED.

All questions on this project must be in writing and should be emailed to Washingtoni.NLN@ars.usda.gov by COB the day after the site visit. Questions/Answers will be posted to www.fbo.gov.

PART I – THE SCHEDULE – SECTION A

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

PAGE

OF PAGES

1. REQUEST NO.

AG-32SD-S-16-005

2. DATE ISSUED

12/15/2015

3. REQUISITION/PURCHASE REQUEST NO.

AG-32SD-S-16-005

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

USDA, ARS, WBSC, ACQUISITION BRANCH

6. DELIVER BY (Date)

JANUARY 05, 2016 @ 4PM PST

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY

OTHER

NAME

WASHINGTONI NLN

CONTRACTING OFFICER

TELEPHONE NUMBER FOB

DESTINATION

(See Schedule)

AREA CODE

NUMBER

559.5604

9. DESTINATION

a. NAME OF CONSIGNEE

USDA, ARS, NCGR 8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

33447 PEORIA ROAD

c. STREET ADDRESS c. CITY

CORVALLIS

d. CITY e. STATE f. ZIP CODE d. STATE

OR

e. ZIP CODE

97333

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

12/XX/2015

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

FACILITIES IMPROVEMENT REPAIRS

USDA ARS, National Clonal Germplasm Repository Refer to SECTIONS C & L regarding Site Visit.

This RFQ is set-aside for Total Small Business & the Government anticipates awarding a Firm Fixed Price Contract.

Estimated price range is between $150,000 and $197K.

A bid bond will not be required. Since the awarded amount will be above $150,000, and Alternative Payment Protection will be required in accordance with FAR 52-228-13. The Contract shall submit one of the following payment protections:

1) Payment Bond & 2) An Irrevocable Letter of Credit.

PLEASE READ THE RFQ IN ITS ENTIRETY.

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

This form was electronically produced by USDA/ARS/OCIO/ADB.

STANDARD FORM 18 6-95) Rev. ( Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

NOTE: Additional provisions and representations are are not attached.

13 . NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY f. ZIP CODE e. STATE

. SIGNATURE OF PERSON AUTHORIZED TO SIGN 14

QUOTATION

. DATE OF QUOTATION 15

16 . SIGNER

a. NAME ( Type or print) b. TELEPHONE

c. TITLE ( Type or print)

AREA CODE

NUMBER

AG-32SD-S-16-005

Facilities Improvement Repairs, USDA ARS, National Clonal Germplasm Repository (NCGR), Corvallis, OR

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 DESCRIPTION

The Contractor shall perform all work set forth in the SECTION C: Statement of Work (SOW) for the Facilities Improvement Repairs at USDA, Agricultural Research Services (ARS), National Clonal Germplasm Repository (NCGR), Corvallis, OR. Please Note: The Government has leased the facility from Oregon State University and therefore, it is not Federal Property. The North American Industry Classification System (NAICS) Code for this acquisition is 236220 -- Commercial and Institutional Building Construction, and the small business size standard is $36.5M. The anticipated award amount will be between $150K and $197K.

B-2 CONTRACT TYPE

This is a Firm Fixed-Price Contract as defined in the Federal Acquisition Regulation (FAR) subpart 16.202-1 and in accordance with FAR Part 36.

B-3 SCHEDULE OF ITEMS / PRICE SCHEDULE. In order to be considered responsive, an interested Contractor must quote on all items in the quantities stated in the schedule; and submit completed ATTACHMENTS 3 & 4 along with a completed SECTION B.

The Contractor shall furnish all labor, materials, equipment, tools, supplies, transportation, utilities, supervision, and incidentals for all elements of the work as required by each contract line item number (CLIN) below in accordance with the specifications within the SECTION C. Contractor is expected to provide a service that is professional, and complete in every respect and ready for use.

CLIN Building Description/Title Item Unit/Hours/ Quantity Unit Price TOTAL CLIN

PRICE

EXTERIOR CLOSURE DEFICIENCIES

0001 B012 Roof Ladder $

0002A B041 Exterior Siding $

0002B B041 Exterior Siding $

B014, B015, B016, B020, B021, B022, B026, B041

Gutters $

0004 B012 Exterior Windows $

0005 B012 Exit Signage $

CLIN Building Description/Title Item Unit/Hours/ Quantity Unit Price TOTAL CLIN

PRICE

0006 B041 Exit Signage $

ADA DEFICIENCIES

0007 Parking Lot Accessible Parking $

ELECTRICAL SYSTEM DEFICIENCIES

0008 B012 Exterior Emergency Egress Lighting $

0009 B012 Interior Emergency Egress Lighting $

0010 B012 Fire Alarm Pull Stations $

MECHANICAL SYSTEM DEFICIENCIES

0011 B012 HVAC - Tissue Culture $

0012 B012 Mechanical - Lab A & B $

TOTAL LUMP SUM FOR REPAIRS: $

B-4 PERIOD OF PERFORMANCE

The Contractor shall complete all work as described in the SECTION C: SOW within 90 days from the date notice to proceed (NTP) is issued.

B-5 PERIODS OF SERVICE

PLEASE NOTE: The Department is on flexible hours between 7:00 a.m. and 6:00 p.m. with the core hours being between 9:30 a.m. and 3:30 p.m. The Contractor resources assigned to key tasks are expected to be available within the normal and core USDA working hours.

OVERTIME: Since this is a Firm Fixed Price Contract, the Government does not pay the Contractor on an hourly basis therefore, overtime is not an authorized charge for this contract. However, at the discretion of the Contractor, if the need for overtime arises the Contractor shall abide by all federal, state and local laws concerning overtime pay.

Contractor Acceptance Statement: By signing the SF18, SECTION K and this page, the Contractor agrees to all terms, conditions, and provisions included in the Solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise accepted as follows:

X

Contractor Signature & Date

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 BACKGROUND

The USDA, ARS, National Clonal Germplasm Repository (NCGR) is seeking potential Small Business (SB) Contractors within or near Corvallis & Portland Areas for minor facilities repairs.

NCGR located at Oregon State University, Corvallis, CA, is comprised of thirteen (13) structures, totaling approximately 20,720 square feet. Additional site features include surface parking, recessed loading dock, and a diesel-powered emergency generator. The NCGR facility has many challenges with the current building systems and infrastructure supporting the facility. The challenges are, but not limited to: exterior cladding deterioration, damaged gutter network, electrical code violations, heat piping hangers deteriorated, absent piping insulation, inoperable isolation valves, and improper ventilation of natural gas exhaust.

To better understand the condition and constraints of the existing facilities, an assessment was done focusing on identifying functional and significant code deficiencies with recommended improvements on a system by system approach related to Exterior Closure, Interiors, Electrical, Mechanical, and Plumbing Systems, Life Safety, and Accessibility. As a result, the following are the Facilities inspected & required immediate repairs:

Facilities inspected at USDA ARS, NCGR included:

a) B012 (Main Lab)

b) B013 (Greenhouse Complex 1-4)

c) B014 (Screen house 5)

d) B015 (Screen house 6)

e) B016 (Screen house 7)

f) B020 (Screenhouse8)

g) B021 (Screen house 9)

h) B022 (Screen house 10)

i) B026 (Pole Building 26)

j) B041 (Shop)

C-2 SCOPE OF CONTRACT

The Contractor shall perform all the required facilities repairs are listed in the Attachment 1 – Summary of Requirements:

a Table which includes information related to Building Number, Item Description, Deficiency, Code Compliance, and Method of Repair. Also, all completed work shall comply with ARS Facilities Design Standards (ARS Manual 242.1, 5- 01-12), ARS Energy, Water, and Sustainability Policy (ARS Policy & Procedures 134.2, 11-12-13), ARS Energy, Water, and Sustainability Policy Bulletin (ARS Policy & Procedures Bulletin 15-134.2), governing Building Codes, and all applicable local, regional, State, and Federal regulations. Where one or more Codes or regulations conflict, the more stringent shall apply

The USDA, ARS, NCGR will be acquiring the Contractor, not only to perform all the required facilities repairs identified in the Table, but also to provide the following:

Warranty service period on all items & repairs, not otherwise covered by manufacturer-specific warrantees whose warranty period exceed two (2) years, shall be for (2) years from the date of acceptance and shall be issued directly to the Government;

Repairs due to defective materials and/or workmanship while repairs are under warranty shall be performed by the contractor at no cost to the Government;

User Training where applicable; and

Be responsible for coordination of any utility outages during the execution of work.

C-3 SITE VISIT

Scheduled for Tuesday, December 22, 2015 at 8:30 am (PST)

USDA, ARS,

NAT. CLONAL GERMPLASM REPOS.

33447 PEORIA ROAD

CORVALLIS, OR 97333

Onsite Representative:

Mr. Rob Risch

USDA, ARS,

WESTERN BUSINESS SERVICE CENTER

CORVALLIS, OR 97333

PH# 541.738.4006

It is highly recommended and strongly encouraged that all prospective Contractors visit the project site, inspect and observe the site conditions, review the project scope and requirements at the site and to be fully informed as to the departments involved, prior to submission of a Quote. It is expected that the Contractor will visit the site of work and thoroughly familiarize himself with the conditions existing there. Failure on the part of the Contractor to acquaint himself with the site conditions will not be sufficient reason for any increase in contract price.

C-4 SUBMITTALS

Submittals, and all referenced standards, etc. for all products associated with the work shall be provided to the Government for review prior to commencing any portion of the work.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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.

FAR 52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the NTP, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than 90 days from issuance of NTP. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful Contractor will be required and scheduled within 10 days after the date of contract award. For the Onsite Representatives and successful Contractor, the conference will be physically held at USDA, ARS, NAT. CLONAL GERMPLASM REPOSITORY, 33447 PEORIA ROAD, CORVALLIS, OR 97333; and will be conducted via conference call with the other appropriate parties of this Contract.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE OR OTHER DESIGNATED

CONTRACTING PERSONNEL

The Contracting Officer (CO) may designated a Contracting Officer's Representative (COR) or Location Monitor (LM) or other designated contracting personnel on their behalf to assist in administering an awarded Contract. Therefore, in accordance to FAR 2.1 Definitions, the following defines the roles of the contracting personnel:

“Contracting officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. “Administrative contracting officer (ACO)” refers to a contracting officer who is administering contracts. “Termination contracting officer (TCO)” refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR Chapter 1) to administrative contracting officer or termination contracting officer does not—

(1) Require that a duty be performed at a particular office or activity; or

(2) Restrict in any way a contracting officer in the performance of any duty properly assigned.

“Contracting officer’s representative (COR)” means an individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

For the efficiency of this Contract, the assigned CO, also known as the Procuring Contracting Officer (PCO) within USDA ARS, WBSC, in Albany, CA, authorized to enter into this contract has designated an ACO & LM as Onsite Representatives:

Mr. Rob Risch, Contracting Officer (ACO) & Mr. Joe Spear, Engineering Technician (LM)

USDA, ARS,

WESTERN BUSINESS SERVICE CENTER

CORVALLIS, OR 97333

PH# 541.738.4006

In lieu of a COR, the ACO will responsible for administering the performance of work under this contract. The LM serves a Subject Matter Expert and assists the ACO/PCO on technical issues. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the PCO prior to completion of the contract. The ACO or any other CO may executed proper contractual documents in the absence of the PCO or in emergency situations; and all resulting correspondence & documentation will be forward to the PCO.

On all matters that pertain to the contract terms the Contractor must communicate with the ACO/PCO. Whenever, in the opinion of the Contractor, the LM requests effort outside the scope of the contract, the Contractor should so advise the ACO/PCO. If the LM persists and there still exists a disagreement as to proper contractual coverage, the ACO/PCO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if—

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract;

and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name) (Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall—

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until—

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as—

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety.

The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be—

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145507 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

INVOICING (REFER TO SECTION E)

Before submitting a proper & official invoice, the Contractor must adhered to SECTION E Clauses and the above Clause, FAR 52.232-5. All services rendered and work performed must be accepted & approved by the Government; only then will an invoice be approved for payment.

The "Submit Invoice-to" address for USDA orders is the US Department of Treasury's Invoice Processing Platform (IPP).

All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the US Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

BIO-BASED PRODUCTS /RECYCLED CONTENT PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 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 Bio‐based and Sustainable Product Procurement,” dated February, 2012 to provide bio‐based products.

This procurement requires the use of bio‐based products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Bio‐based Products Preferred Procurement Program (FB4P). All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of bio‐based and recycled products.

For more information regarding the Department of Agriculture Bio‐based Program please visit www.biopreferred.gov.

Also, please check the category ‘Minor Construction’ for bio‐preferred products that are required for these facilities improvement repairs.

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 Regulations to provide green products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of bio‐based, recycled content, energy star, and environmentally preferable products.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.biopreferred.gov/

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS & REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-7 System for Award Management (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (AUG 2013) (Applicable if contract exceeds $30,000) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1994)

ALTERNATE I (APR 1984)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items)

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Re-representation. (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIS

OR TRANSACTIONS RELATION TO IRAN – REP & CERTS (OCT 2015)

52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (NOV 2014) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) (REFER TO SECTION H) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) ALT 1 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-28 PREPARE OF PROPOSALS – CONSTRUCTION (OCT 1997)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (APR 2015) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

(Applicable if contract is over $30,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the Contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless— (1) The product cannot be acquired—

(i) Competitively within a time frame providing for Compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or (iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, 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 Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and (ii) At the end of contract performance.

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

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

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

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NOT APPLICABLE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000) (Applicable to contracts greater than $30,000 and less than or equal to $150,000)

(a) The Contractor shall submit one of the following payment protections:

☐ Payment Bond ☐ Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting

Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

FAR 52.252-6 AUTHORIZED DEVIATIONS IN…