AG-32SD-S-16-0044.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

814738

ARS WBSC Contracting, Acquisition, ARS WBSC Contracting, Acquisition, 1815 N University St Peoria IL 61604

ARS-WBSC-0330-05-T

Jeffery Ridenour

ARS WBSC Contracting, Acquisition, 1815 N University St Peoria IL 61604

JEFFERY RIDENOUR 309-681-6616

x

08/02/2016

AG-32SD-S-16-0044

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

The Contractor shall furnish all labor, materials, tools, equipment, permits, supervision, all other resources necessary to complete the renovation Installation of a 45kw Generator and 2 200amp Automatic Transfer Switches in accordance with all contract documents and Statement of Work at USDA/ARS 9611 S. Riverbend Ave. Parlier, CA 93648.

Project magnitude: between $25,000 and $100,000. The NAICS code is 238210 - Small

Business size standard is $15M.

An organized site visit is scheduled, refer to FAR 52.236-27 and AGAR 452.237-71 in this solicitation for the meeting place, date and time (page 5 and 8).

Attendee must have Govt. issued photo ID ( e.g. Driver's License)

This solicitation is 100% set-aside for Small Business (SB).

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211.10

09/02/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

PARLIER ADMIN OFFICE

USDA ARS PWA PARLIER ADMIN OFFICE

9611 S. RIVERBEND AVE

PARLIER CA 93648-9757

ARS-PWA-5302-01

JEFFERY A. RIDENOUR

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-32SD-S-16-0044

Install generator and transfer switch, provide excavation, panel boars, connect to gas service, underground conduit and wire for GH 68, 71 and

71A new panel including excavation

Delivery: 10/05/2016

Delivery Location Code: ARS-PWA-5302-01

PARLIER ADMIN OFFICE

USDA ARS PWA PARLIER ADMIN OFFICE

9611 S. RIVERBEND AVE

PARLIER CA 93648-9757 US

FOB: Destination

Period of Performance: 09/05/2016 to 10/15/2016

001 Install generator and transfer switch, provide excavation, panel boars, connect to gas service, underground conduit and wire for GH 68, 71 and

71A new panel including excavation

Period of Performance: 09/05/2016 to 10/05/2016

DUNS Number:________________________

Federal Tax ID

Number:______________________________ email address:_____________________________

Attachments:

Scope of Work

Wage Determination CA160029 7-22-2016

RFI Form

Contractor Certification of EMR

Calculation of Self Performed Work

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONSTRUCTION IFB SOL NO. AG-32SD-S-16-0044

PARLIER, CA

Install Generator and Automatic Transfer Switches

A - Solicitation/Contract Form

Clauses B - Supplies or Services/Prices

Clauses C - Description/Specifications

Clauses D - Packaging and Marking

Clauses E - Inspection and Acceptance

Clauses F - Deliveries or Performance

Clauses G - Contract Administration Data

Clauses H - Special Contract Requirements

Clauses I - Contract Clauses

Clauses J - List of Documents, Exhibits and Other Attachments

Clauses K - Representations, Certifications, and Other Statements of Offerors

Clauses L - Instructions, Conditions, and Notices to Offerors

Clauses M - Evaluation Factors for Award

Clauses

Install Generator and Automatic Transfer Switches

A - Solicitation/Contract Form Clauses/Provisions 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 30 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 30 days from NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.222-23 -- Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

As prescribed in 22.810(b), insert the following provision:

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

23.6% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on

(1) its implementation of the Equal Opportunity clause,

(2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,’’ and

(3) its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is California, Fresno County, Parlier.

(End of Provision)

52.236-27 -- Site Visit (Construction).

As prescribed in 36.523, insert a provision substantially the same as the following:

Site Visit (Construction) (Feb 1995)

Install Generator and Automatic Transfer Switches

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for --August 17,2016 10:00am

(c) Participants will meet at -- 9611 S. Riverbend Ave. Parlier, CA 93648

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):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

(End of Clause)

52.211-13 Time Extensions (Sept 2000) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 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) 52.236-9 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-14 Suspension of Work (Apr 1984) 52.246-21 Warranty of Construction (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.252-1 -- Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar (FAR) http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR)

(End of Provision)

52.214-3 Amendments to Invitations for Bids (DEC 1989) 52.214-4 False Statements in Bids (APR 1984) 52.214-5 Submission of Bids (MAR 1997) 52.214-6 Explanation to Prospective Bidders (APR 1984) 52.214-7 Late Submissions, Modifications and Withdrawals of Bids (NOV 1999) 52.214-12 Preparation of Bids (Apr 1984) 52.214-18 Preparation of Bids-Construction (APR 1984)

Install Generator and Automatic Transfer Switches

52.214-19 Contract Award-Sealed Bidding-Construction (AUG 1996)

AGAR Clauses/Provisions 452.204-70 Inquiries.

As prescribed in 404.7001, insert the following provision:

INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer.

Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

(End of provision)

452.211-70 Brand Name or Equal.

As prescribed in 411.171, insert the following provision:

BRAND NAME OR EQUAL (NOV 1996)

(As used in this provision, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this solicitation have been identified by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Offers of "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the offer (see clause 452.211-71) and are determined by the Contracting Officer to meet fully the salient characteristics requirements listed in the solicitation.

(b) Unless the offeror clearly indicates in its offer that it is offering an "equal" product, the offeror shall be considered as offering the brand name product(s) referenced in the solicitation.

(c)(1) If the offeror proposes to furnish an "equal" product or products, the brand name(s), if any, and any other required information about the product(s) to be furnished shall be inserted in the space provided in the solicitation. The evaluation of offers and the determination as to the equality of the product(s) offered shall be the responsibility of the Government and will be based on information furnished by the offeror or identified in its offer as well as other information reasonably available to the contracting activity. Caution to offerors: The contracting activity is not responsible for locating or securing any information which is not identified in the offer and is not reasonably available to the contracting activity. Accordingly, to assure that sufficient information is available, the offeror must furnish as a part of its offer all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the contracting activity to (i) determine whether the 452-2 product offered meets the salient charac-teristics requirement of the solicitation, and (ii) establish exactly what the offeror proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific reference to information previously furnished or to information otherwise available to the contracting activity.

(2) If an offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offer shall include (i) a clear description of such proposed modifications and (ii) clearly marked descriptive material to show the proposed modifications.

452.211-72 Statement of Work/Specifications.

As prescribed in 411.171, insert the following clause:

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.

452.211-73 Attachments to Statements of Work/Specifications.

As prescribed in 411.171, insert the following clause:

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.

Install Generator and Automatic Transfer Switches

452.215-73 Postaward Conference.

As prescribed in 415.570, insert a clause substantially as follows:

POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: - To Be Announced.

452.219-70 Size Standard and NAICS Code Information.

As prescribed in 419.508, insert the following provision:

SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All -- NAICS Code 238210 -- Size Standard $15M

452.228-71 Insurance Coverage.

As prescribed in 428.310, insert the following clause:

INSURANCE COVERAGE (NOV 1996)

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

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

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

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

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

(End of Clause) Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. 452-10.1

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $100,000 per occurrence.

452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts.

As prescribed in 432.111, insert the following clause:

REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE CONSTRUCTION CONTRACTS (NOV 1996)

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

452.236-71 Prohibition Against the Use of Lead-Based Paint.

As prescribed in 436.571, insert the following clause:

PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more then0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

452.237-71 Pre-Bid/Pre-Proposal Conference.

As prescribed in 437.110(b), insert a provision substantially as follows:

PRE-BID/PRE-PROPOSAL CONFERENCE (FEB 1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:

Date: August 17,2016 Time: 10:00am Location: 9611 S. Riverbend Ave. Parlier, CA 93648

B - Supplies or Services/Prices {For this Solicitation, there are NO clauses in this Section}

C-Description/specifications/Statement of Work

1. Description of work: Description of work:

a) Contractor shall install (2) government furnished Automatic Transfer Switch (ATS) equipment items. Location shall be coordinated with and approved by the Location Monitor (LM).

b) Contractor shall appropriately size and install electrical cabling and conduit from the emergency power generator pad to installed ATS equipment locations and make electrical connections.

c) Contractor shall install and provide proper feed and fuel connections to government furnished 60Hz – 45Kw emergency generator in order to provide steady stream power for the following:

i) Air handling systems for GH68, Panel D fed from 400 AMP 120/240, single Phase Power Main.

ii) Air handling system for GH 71 Panel by extra breaker in 400 Amp 120/240 1 PH power main

iii) Cold room refrigeration system by connection to a sub panel from Panel D in GH68 fed from 400 Amp 120/240

1 PH power main.

iv) Split A/C system in Bldg 71A by connection to panel in 71A fed from a 100 Amp 120/240 1PH power main

d) Contractor shall install (6) concrete embedded traffic bollards into existing generator pad surrounding the generator (reference photo above). Installation points shall be approximately as demonstrated in the overhead view below:

Existing Bollard

Contractor shall identify installation points and drill holes to implement new bollards. The vacant holes must be sized to accommodate rebar reinforcement and filling of the area around the bollard with concrete. Contractor shall install cylindrical rebar cage to provide reinforcement for the bollard installed. Bollard height shall stand 36” above the concrete surface.

2. References & Standards: All construction 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.

3. Permits: Where governing regulations and imposed codes and standards require notices, permits, licenses, inspections, tests, and similar items or actions in order to lawfully proceed with the required work, the Contractor shall obtain items and take those actions in accordance with the regulations of the governing authority. The costs of such permits, licenses, inspections, etc., are the obligation of the Contractor.

4. Existing Installations/Demolition:

a) Contractor shall modify existing installations as needed to accommodate the new installation. Where applicable contractor shall coordinate demolition or modification of existing installations with the Owner. All disturbances of existing systems shall be thoroughly coordinated with the Owner to prevent disconnecting equipment that may potentially jeopardize in-progress research.

b) The Owner reserves the right to retain any equipment or materials removed as part of this scope of work. The Contractor shall coordinate any equipment or materials to be retained with the Owner prior to starting demolition operations. The Contractor shall legally dispose all equipment or material removed that will not be retained.

c) The contractor shall divert project waste to recycle where practical. The Contractor shall track and document the amount of waste diverted to recycle. The contractor shall submit diversion documentation as part of closeout. If no waste is diverted to recycle, the contractor shall submit a letter stating so and why diversion was not practical.

5. Submittals:

a) Where applicable, contractor shall provide relevant illustrations, standard schedules, performance charts, instructions, brochures, diagrams, manufacturer descriptive literature, catalog data.

b) The descriptive literature shall be annotated/highlighted to show its conformance with contract requirements.

c) Submittals are required for all building materials and equipment and will be stamped and/or signed by the general contractor prior to submission to the Government.

d) Contractor is responsible for any costs incurred for equipment ordered without prior approval.

6. Quality Control: The work performed under this contract shall be subject to continuous audit by the COR. Quality control is the exclusive responsibility of the Contractor.

7. Temporary Facilities:

a) Temporary utilities (water and electricity) may be furnished to the Contractor by the Government, if so requested.

The Contractor shall maintain and protect all such utilities during the course of construction and shall repair or replace any items damaged through its own negligence.

b) Should the Contractor require any power or utility shutdowns during construction, the Contractor shall obtain approval for such shutdown from the Location Monitor three working days prior to the need

8. Site Cleanup: The construction site shall be kept clean and free of debris at all times. Restore areas disturbed as nearly as possible to the original appearance and condition. Upon completion of the project, and prior to final inspection, the Contractor shall remove from the premises all unused material, trash, and debris resulting from the work to the satisfaction of the COR.

9. O&M Manuals

a) O&M manuals shall be submitted upon completion and acceptance of the project.

b) O&M manuals shall identify parts of the equipment for future procurement.

10. Training/Start-up/Commissioning:

a) Contractor is responsible for start-up, testing, and commissioning of all installed systems.

b) Contractor shall provide user training to cover all safe operation and preventative maintenance actions/frequencies/schedules of equipment included in this solicitation.

11. Final Inspection:

a) The Contractor shall notify the Contracting Officer and Owner in writing 10 days prior to the date that the project will be ready for final inspection. An inspection of the project will be made by the Contracting Officer and Contractor at a mutually agreed upon time. COR and contractor shall compile a “punch list” prior to final acceptance of the installation and submit completed warranty documentation to manufacturer.

12. Warranty:

a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of his subcontractors or suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the project. Under this warranty, the Contractor shall remedy at his own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at his own expense any damage to Government owned or controlled real or personal property, when that damage is the result of the Contractor's failure to conform to contract requirements or any such defect of equipment, material, workmanship, or design. The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced hereunder will run for one year from the date of such repair or replacement.

13. Notification and Compliance: The Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. Should the Contractor fail to remedy any failure, defect, or damage within a reasonable time after receipt of notice thereof, the Government shall have the right to replace or repair and have the cost billed to the Contractor.

14. Latent Defects:

a) The Warranty specified herein shall not limit the Government’s rights with respect to latent defects, gross mistake, or fraud.

15. Acceptance:

a) Upon satisfactory submittal of the above documents the Contracting Officer shall issue to the Owner a certificate recommending final acceptance of the project. Minor unfinished items of work may be listed on the certificate and excepted from final acceptance. A sum sufficient to cover the cost of completing these unfinished items of work will be withheld by the Owner from the final payment. All other funds including retainage shall be due and payable upon receipt by the Owner of the Contracting Officer's certificate. Upon certification by the Contracting Officer that the items of work have been completed, all monies withheld by the Owner shall be due the Contractor

D-Packaging and Marking

E-Inspection and Acceptance

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):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

52.246-12 Inspection of Construction (AUG 1996)

AGAR CLAUSES

452.246-70 Inspection and Acceptance.

As prescribed in 446.370, insert the following clause:

INSPECTION AND ACCEPTANCE (FEB 1988)

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

(b) Inspection and acceptance will be performed at: 9611 S. Riverbend Ave. Parlier, CA 93648.

F-Deliveries or Performance

G-Contract Administration Data

H-Special Contract Requirements

I - Contract Clauses

52.222-36 – Equal Opportunity for Workers With Disabilities.

As prescribed in 22.1408(a), insert the following clause:

Equal Opportunity for Workers With Disabilities (Jul 2014)

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

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

52.225-9 -- Buy American–Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

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--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(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.]

Install Generator and Automatic Transfer Switches

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

52.225-10 -- Notice of Buy American Requirement—Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

Notice of Buy American Requirement--Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and

(d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision) Alternate I (May 2014). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

52.228-13 -- Alternative Payment Protections.

As prescribed in 28.102-3(b), insert the following clause:

Alternative Payment Protections (Jul 2000)

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

Irrevocable Letter of Credit Tripartite escrow agreement Certificate of deposit

(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.

Install Generator and Automatic Transfer Switches

(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.

52.245-2 -- Government Property Installation Operation Services.

As prescribed in 45.107(b), insert the following clause:

Government Property Installation Operation Services (Apr 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

1 45kw Generac Generator 2 200amp Automatic Transfer Switches

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):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

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