AG-3604-S-15-0004_Electric_Panel_Installation_Solicitation_Package_-_Princeton _WV.pdf

AG-3604-S-15-0004

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/07/2014

1 84

NORTHERN RESEARCH STATION

11 CAMPUS BLVD SUITE 200

NEWTOWN SQUARE PA 19073-4100

USDA FOREST SERVICE

Multiple

610 557-4219BRIANA CHALMERS

11/14/2014 1600 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Electrical Panel Installation - USDA Forest Service, Northern Research Station, Materials Testing Plant, Princeton, WI

Period of Performance: 01/12/2015 to 01/31/2015

001 The contractor shall furnish all necessary labor, supervision, transportation, operating supplies, incidentals, and specialized equipment for the removal of the existing circuit panel and installation of a new electric panel at the USDA Forest Service, Northern Research Station, Materials Testing Plant in Princeton, West Virginia.

Contractor is to complete, sign, and return the Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 84

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-3604-S-15-0004

following as their proposal package:

-SF 18, Page 1

-Section G, Paragraph G.3, Page 16

-Section K, Pages 37-69

-Attachments A, B and C

All quotes are to be returned ATTN: Briana Chalmers by email to bcchalmers@fs.fed.us by January 7, 2015 at 11:00 am EST.

Contractors MUST be registered in the System for

Award Management (SAM) database prior to award.

Please register at https://www.sam.gov/portal/public/SAM/

Contractors MUST be registered in the Invoice

Processing Platform (IPP) prior to award. Please register at https://www.ipp.gov/vendors/enrollment-vendors.htm

All inquiries must be sent via email to Briana

Chalmers at bcchalmers@fs.fed.us

Product/Service Code: N059

Product/Service Description: INSTALLATION OF

EQUIPMENT- ELECTRICAL AND ELECTRONIC EQUIPMENT

COMPONENTS

FOB: Destination

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

PO NO: AG-3604-S-15-0004

UNIT: Princeton, WV

PROJ NAME: Electrical Panel Installation

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

A. Site/Location:

B. Point of Contact:

C. Description of Work:

D. Performance Requirements:

E. Contractor Invoices F. Damage to Government Property G. Safety H. Conduct of Workers

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984) E.2 FAR 52.246-4 Inspection of Construction (AUG 1996) E.3 AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) – ALT I F.2 FAR 52.225-9 Buy American- Construction Materials (MAY 2014) F.3 AGAR 452.211-74 Period of Performance (FEB 1988)

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

G.3 PROJECT MANAGER

G.4 INVOICE REQUIREMENTS

G.5 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

G.6 FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

CLAUSE INCORPORATED BY FULL TEXT

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

CLAUSES INCORPORATED BY FULL TEXT

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) Provisions Incorporated by Reference Provisions Incorporated by Full Text

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

Proposal Instructions FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

PROVISIONS INCORPORATED BY FULL TEXT

SECTION M--EVALUATION FACTORS FOR AWARD

EVALUATION PROCESS

Provisions Incorporated By Full Text

PROJ NAME: Electrical Panel Installation

ATTACHMENT A – SCHEDULE OF ITEMS (QUOTED PRICE)

ATTACHMENT B – SAM & BANKING INFORMATION

ATTACHMENT C – EXPERIENCE QUESTIONNAIRE

ATTACHMENT D – WAGE DETERMINATION

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Description of Requirement Location: USDA Forest Service, Materials Testing Plant, Cornbread Ridge Road, Princeton, WV 24740

The contractor shall furnish all necessary labor, supervision, transportation, operating supplies, incidentals, and specialized equipment for the removal of the existing circuit panel and installation of a new electric panel at the USDA Forest Service, Northern Research Station, Materials Testing Plant in Princeton, West Virginia.

***Quoters Please Note*** (For quoted price/schedule of items see Attachment A)

A. Work will be performed, and invoiced in one lump sum. The awarded contract value will be expressed as an amount not to be exceeded.

B. One contract will be awarded to the lowest responsive and responsible quoter based on price and non-price factors.

C. Contractors can visit the worksite if needed during normal business hours (8:00 am to 4:00 pm Mon. – Fri.)

at Cornbread Ridge Road, Princeton, WV 24740 to assess the size and scope of the contract prior to submitting a quote. Please contact Patrick Meyer, Facilities Operation Specialist, beforehand at pmeyer@fs.fed.us and 304-478-2000.

D. This requirement is a small business set aside. The NAICS Code for this acquisition is 238210.

E. Contractors are required to be registered in the Invoice Processing Platform (IPP) per the U.S. Department of Treasury.

mailto:pmeyer@fs.fed.us

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

A. Site/Location:

USDA Forest Service Northern Research Station – Materials Testing Plant Cornbread Ridge Road Princeton, WV 24740

B. Point of Contact:

Patrick Meyer Facilities Operation Specialist Office: (304) 478-2000 Cell: (304) 704-2429 pmeyer@fs.fed.us

C. Description of Work:

The contractor shall furnish all necessary labor, supervision, transportation, operating supplies, incidentals, and specialized equipment for the removal of the existing circuit panel and installation of a new electric panel at the USDA Forest Service, Northern Research Station, Materials Testing Plant in Princeton, West Virginia.

Vendors are advised to inspect the site prior to submitting their quote. Arrangements to see the building can be made by contacting the above listed POC. Contractors must be registered in the System for Award Management https://www.sam.gov/portal/public/SAM/ prior to award of contract.

D. Performance Requirements:

General Information

Introduction This scope of this project is to remove 1 obsolete 100 amp 3 phase circuit panel and replace with a modern 30 space Square D or equivalent 3 phase circuit panel.

Background The MTP facility was built in the late 1960s and several of the electric panels (Westinghouse brand) have since become obsolete. Because of this we can no longer find circuit breakers that will replace the existing ones.

Scope

The Existing “Westinghouse” panel will be replaced with a newer, more modern panel box, to do this the existing panel will be removed, all existing circuits will be labeled and installed in the new panel, as well as a new 30 amp circuit for a Gutter heat trace system.

The contractor is responsible to perform all necessary work for the complete installation of the new panel box, including but not limited to: labeling all existing circuits and removing them, removing https://www.sam.gov/portal/public/SAM/ existing panel box, installing new box and connecting all existing circuits, labeling all circuits, and installing a new 30 amp circuit, and connecting existing gutter heat system to new circuit.

Technical Requirements

References All NEC, NFPA, as well as all State of WV applicable codes and standards.

Submittal A. Manufacturer’s certificate: Certify products meet or exceed specified NEC, NFPA, and ASTM requirements.

B. Manufacturer’s installation instructions.

C. Manufacturer’s care and warranty info.

Qualifications A. Manufacturer:

Company specializing in Industrial electrical applications B. Installer:

Company specializing in performing this work with a minimum three years’ experience, as well as all state electrical codes and licenses

Delivery, Storage and Handling A. Protect factory finished surfaces with wrapping. Do not use adhesive papers or sprayed coatings that bond when exposed to sunlight or weather.

Extra Materials Extra materials to be stored where directed.

Products

1. Square D

Product Information 3 phase 30 space 100 amp square D

Application Follow all manufacturers’ installation instructions to insure proper installation

Warranty Furnish a 1 year or greater manufactures, as well as a 1 year parts and labor warranty.

Other Information

Place of Performance Project is located at the Materials Testing Plant (MTP) Building.

Cornbread Ridge Road, Princeton, WV 24740

Period of Performance Anticipated start date November 2014

Special Considerations Contractor may use Government sanitary facilities, electrical, and water utilities during contract period, so long as use is efficient and economical.

Damage to Contractor’s Property The Government will not be responsible in any way for damage to contractor’s equipment or personal belongings brought onto Government premises during the performance of this contract.

Equipment and Debris Removal Contractor is responsible for removal of all debris and waste generated during the performance of this contract.

E. Contractor Invoices Contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP). Contractors shall register and enter invoices into IPP at the following website: https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm.

F. Damage to Government Property In the event that the contractor damages personal property (automobiles) or government property, the contractor will immediately inform Patrick Meyer. Office phone number and email address for him are listed above. Any damage to Government Property incurred during the implementation of this contract must be repaired or replaced by the contractor to the satisfaction of the Government representatives.

G. Safety Contractor shall adhere to all applicable safety standards and should exercise caution in the performance of their duties. Contractor will ensure that personnel working on Government property are aware of job hazards and take measures to mitigate them. The Forest Service takes safety very seriously. No work will be performed in an unsafe manner.

Report to Patrick Meyer, or his designated representative, any safety problem that may arise beyond the scope of this contract.

H. Conduct of Workers The personnel employed by the Contractor shall be capable employees qualified in this type of work.

As stated elsewhere, the Contractor shall be responsible for all damage to Government property resulting from their operations. Damage to the building or equipment by the activities of his/her employees will fall into this category.

Contractor personnel will be professional and courteous to building occupants.

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

E.2 FAR 52.246-4 Inspection of Construction (AUG 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

or

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

E.3 AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

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

(b) Inspection and acceptance will be performed randomly at USDA Forest Service, Northern Research Station – Materials Testing Plant, Princeton, WV.

(End of clause)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) – ALT I

The Contractor shall be required to

(a) commence work under this contract within five (5) 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 January 31, 2015. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by January 9, 2015. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

F.2 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--

(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: ______ [Contracting Officer to list applicable excepted materials or indicate “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.]

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

(End of Clause)

F.3 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from approximately January 12, 2015 to January 31, 2015.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. The conference will be held at: USDA Forest Service, Northern Research Station – Materials Testing Plant, Cornbread Ridge Road, Princeton, WV 24740. Point of contact is Patrick Meyer at 304- 478-2000; or pmeyer@fs.fed.us.

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. 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 Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

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

G.3 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration:

(Name): _______________________________________________________________________

Telephone Number (including cell phone if available): __________________________________

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

G.4 INVOICE REQUIREMENTS

Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance.

Payments for services are made in arrears following COR inspection and acceptance of work.

G.5 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).

Contractors shall register and enter invoices into IPP at the following website:

Additional information regarding IPP may be found at the following website: https://www.ipp.gov/index.htm.

G.6 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 --https://www.ipp.gov/index.htm

(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 subparagraph (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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

CLAUSE INCORPORATED BY FULL TEXT

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

- Project Manager/Supervisor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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 addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.204-7 System for Award Management (Jul 2013) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (May 2012) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages -- Construction (Sep 2000) 52.211-13 Time Extensions (Sep 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.222-3 Convict Labor (Jun 2003) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payroll 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 (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-12 Refrigeration Equipment and Air Conditioners (May 1995) 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) 52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.228-13 Alternative Payment Protections (Jul 2000) 52.228-14 Irrevocable Letter of Credit (May 2014) 52.232-1 Payments (Apr 1984) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 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) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-1 Performance of Work by the Contractor (Apr 1984) 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) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.244-6 Subcontracts for Commercial Items (Oct 2014) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-12 Inspection of Construction (Aug 1996) 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug 1996) 52.246-21 Warranty of Construction (Mar 1994) 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) 52.249-1 Termination for Convenience of the Government – Fixed Price (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants – Alternate

I (Feb 2012) AGAR 452.228-71 Insurance Coverage (Nov 1996) AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (Nov 1996) AGAR 452.236-72 Use of Premises (Nov 1996) AGAR 452.236-73 Archaeological or Historic Sites (Feb 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (Nov 1996) AGAR 452.236-76 Samples and Certificates (Feb 1988) AGAR 452.236-77 Emergency Response (Nov 1996) AGAR 452.237-75 Restrictions Against Disclosure. (Feb 1988) AGAR 452.237-70 Loss, Damage, Destruction or Repair. (Feb 1988)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the contracting officer and shall not be binding until so approved.

(End of Clause)

FAR 52.204-7 System for Award Management (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (OCT 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

http://fedgov.dnb.com/webform https://www.acquisition.gov/

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2)…