AG-3604-S-15-0017_Ansonia_HVAC_Solicitation.pdf

SOL NO: AG-3604-S-15-0017

Construction UNIT: NRS - Ansonia, CT

PROJ NAME: Quarantine Facility HVAC Replacement

Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

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

E.2 FAR 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug 1996) 13

SECTION F--DELIVERIES OR PERFORMANCE

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

F.2 52.225-9 -- Buy American–Construction Materials (May 2014)

F.3 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

F.4 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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

I.2 Clauses Incorporated by Full Text

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

SECTION J--LIST OF ATTACHMENTS

Attachment A, Construction Wage Rate Determination No. CT150023

Attachment B, SAM & Banking Information

Attachment C, Experience Questionnaire

PART IV--REPRESENTATIONS AND INSTRUCTIONS

PROJ NAME: Quarantine Facility

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

OFFERORS OR RESPONDENTS

K.1 Clauses Incorporated by Reference

K.2 Clauses by Full Text

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

RESPONDENTS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

M.2 EVALUATION FACTORS & SELECTION CRITERIA

ATTACHMENT A – Construction Wage Rate Determination

ATTACHMENT B – SAM & Banking Information

ATTACHMENT C - EXPERIENCE QUESTIONNAIRE

PROJ NAME: Quarantine Facility

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Description of Requirement

Location: USDA Forest Service, Northern Research Station, 119 ½ Ford Street, Ansonia, CT 06401

A. The contractor shall provide all equipment, labor, materials, supervision and incidentals to replace HVAC Units 1, 2 and 4 at the Northern Research Station (NRS) Quarantine Facility in Ansonia, CT.

B. Period of Performance: Five (5) days installation from approximately June 8, 2015 to June 12, 2015.

C. One contract will be awarded as a Best Value Lowest Price Technically Acceptable (LPTA).

See Section M for additional details.

D. Bonding requirements: NO bid bond with offer; 100% performance/payment bonds upon contract award.

E. All prospective offerors are encouraged to inspect the site prior to submitting an offer to assess the condition of the site and the scope of work proposed. Failure to do so does not relieve the offeror from accurately determining the scope of work required. A Pre-Proposal Conference is scheduled for Monday, 4 May 2015 at 10:00 AM Eastern Time at the USDA Forest Service, NRS Quarantine Facility, 119 ½ Ford Street, Ansonia, CT 06401. You must confirm your attendance by contacting Qadir Muhammad at 203-214-9606 (cell); 203-230-4346 (office) or qmuhammad@fs.fed.us

F. A post award pre-work meeting will be scheduled with the successful offeror/contractor. This meeting must take place within ten days of contract award.

G. This requirement is a total small business set aside. The NAICS Code for this acquisition is 238220, with a small business size standard of $15 Million.

H. Contractors are required to be registered in the System for Award Management (SAM) per FAR 52.204-7, System for Award Management – See Attachment C. Registration in this website is

FREE.

mailto:qmuhammad@fs.fed.us

PROJ NAME: Quarantine Facility HVAC Replacement

B.2 QUOTED PRICE – SCHEDULE OF ITEMS

Please fill out this Schedule and return it as part of your proposal package. Please include the cost of labor, installation and removal of the old units as party of your lump sum line item prices. (LS = Lump Sum)

Line Item

Description Unit QTY Amount

001 Replace HVAC Unit 1 LS 1

002 Replace HVAC Unit 2

LS 1

003 Replace HVAC Unit 3

LS 1

TOTAL

Contractor: _____________________________________

Signature: ______________________________________

Date: _______________________

AGAR 452.211-71 Equal Products Offered (NOV 1996)

(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or Equal" provision of this solicitation, shall provide the following information for each offered "equal" product:

Contract Line Item Number (if any): _____________________________

Brand Name or Equal Product identified by the Government in this solicitation:____________________________

Offered Product Name:___________________________________________

Catalog Description or part number:_________________________________

Manufacturer's Name:____________________________________________

Manufacturer's Address:__________________________________________

(b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation.

(End of Clause)

PROJ NAME: Quarantine Facility

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

PERFORMANCE WORK STATEMENT

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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

General Information

The Ansonia facility is a complex of buildings consisting of research laboratories, offices, and quarter’s facilities. The buildings date from 1955 to 1958, when they were originally a Department of Defense facility. The U. S. Forest Service acquired this facility in 1981. Over the years the facilities have undergone many changes.

All buildings are one-story structures on a concrete slab. The main complex of buildings has EIFS stucco on the exterior (2001). Gable roof was constructed in 1995 after the start of the quarantine facility in 1992.

In 1992 we renovated a once Army barracks to a primary quarantine facility (Building #2). Most of the work was done with in-house maintenance staff however the duct work and HVAC system was constructed and installed by contract. This is the system we need to replace with a new state of the art system. Negative pressure is also a function of the system.

The HVAC system is a 4 zone system of which unit 3 has been recently replaced (Fall 2014) with Aaon Model Number 3358.

This contract will complete the HVAC work for this primary quarantine facility.

The control panel in the lobby area lets the Quarantine Officer know when the system is running or malfunctioning. This panel will have to tie into the new HVAC units as well as other controls in the individual rooms.

The current cooling system capacity is 225,000 MBH and heating system capacity is 225,000 BTU LP gas. Electrical rating is 3 phase 208/230 VA.C. Currently the HVAC unit is AAON, Inc. equipment. A unit consists of dual compressors (rpm 3450), a condenser (rpm 1075), an evaporator (rpm 1725), and a combination air (rpm 3450).

HVAC unit #1 is the rooms outside the quarantine area (diet lab kitchen, storage rooms, small conference room), and is positive pressure.

PROJ NAME: Quarantine Facility HVAC Replacement

HVAC #2 is the large lab with walk-in environmental chambers and small reach-in environmental chambers (known as insect genetics lab). This area is hard to cool because of all the heat producing equipment. The new HVAC unit must have a higher cooling capacity.

HVAC #4 is the small laboratory (known as the microbial room) which has minimal lab equipment to give off additional heat. This room has the most negative pressure.

The primary quarantine has unique recommends for any work being performed on the facility.

Scope

Replace the current HVAC system units #1, #2, and #4 using the existing ductwork and tie in to existing controls. Part of the work is to tie into existing LP gas piping and electrical wiring circuits. The unit is ground based.

An additional concrete pad will need to be constructed to house HVAC units 1 and 2. There is a newer and larger concrete pad already in place to house unit #4. Existing ductwork will need to be extended out to the new concrete pad.

Due to the unique facility and function the unit will have to be replaced and new LP unit installed and start up the same day. This is also the primary reason existing ductwork will need to be utilized as no additional cuts can be made into the existing interior or exterior walls.

Testing of the system shall be conducted to ensure the new unit is working properly with the current controls before certifying completion of this project.

A standard operating procedure (SOP) will be given to the contractor so that a complete understanding of the facility is understood before the start of the project.

Technical Requirements

Proper procedures shall be followed to ensure integrity of the quarantine facility is primary. As specified in the scope of work. The interior quarantine area is negative pressure and more negative pressure the further into the quarantine facility.

Manufacturer’s specifications on the new unit shall be included in the bid package to ensure function and performance in compliance with primary quarantine standards. Manufacturer’s data sheets indicating model number, pressure/temperature ratings, capacity, methods and materials of construction, installation instructions, and recommended maintenance. General catalog sheets showing a series of the same device is not acceptable unless the specific model is clearly marked.

Manufacturer’s instructions shall be followed. A complete testing of the new unit system shall be performed before certifying completion of this project.

The Contractor shall provide operational manual (instructions) to the Ansonia Quarantine Officer and Facility Operations Specialist.

PROJ NAME: Quarantine Facility

Training

Provide adequate training to understand the new HVAC units and how it works with the existing controls. The training will be conducted during normal business hours after system start-up and acceptance by Government.

Site Inspection

It is the responsibility of the contractor to inspect the current HVAC system, and other site aspects that may affect the proper pursuit of this project. Because of the unique nature of this facility it is very important to ensure all new HVAC equipment will adequately function to the standards of the facility.

The contractor is required, at their own expense, to obtain all applicable permits and follow all applicable standards and codes.

Occupancy and Site Access

It is necessary for the contractor to work with the Quarantine Facility Officer and Facility Operations Specialist (FOS) on a timetable and work schedule agreeable to the contractor and employees working at the Quarantine Facility. An agreement with the research managers and FOS is the primary requirement to ensure correct protocol and timeliness is followed.

Sanitation Facilities

The Government will allow use of sanitation facilities during the period of the contract during normal office hours. It is the contractor’s responsibility to use these facilities responsibly, and ensure that public areas and restrooms are kept clean.

Refuse/Waste Disposal

Old HVAC unit, material and debris shall be removed at the completion of the job, and the work areas left in neat and clean condition.

PROJ NAME: Quarantine Facility

SECTION D--PACKAGING AND MARKING

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

PROJ NAME: Quarantine Facility

SECTION E--INSPECTION AND ACCEPTANCE

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

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.

52.246-12 -- Inspection of Construction (Aug 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

PROJ NAME: Quarantine Facility HVAC Replacement inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

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

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

(End of Clause)

E.2 FAR 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug 1996)

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

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

PROJ NAME: Quarantine Facility

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

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

PROJ NAME: Quarantine Facility

SECTION F--DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to

(a) commence work under this contract within 7 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 June 26, 2015. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 8, 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.

F.2 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

PROJ NAME: Quarantine Facility HVAC Replacement 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

PROJ NAME: Quarantine Facility 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.

PROJ NAME: Quarantine Facility

(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 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 14 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is: 40 hours.

F.4 AGAR 452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from approximately June 8, 2015 to June 12, 2015.

PROJ NAME: Quarantine Facility

SECTION G--CONTRACT ADMINISTRATION DATA

G. 1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

I. 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, NRS Quarantine Facility, 119 ½ Ford Street, Ansonia, CT 06401. Please contact Qadir Muhammad at 203-214-9606 (cell); 203-230-4346 (office) or qmuhammad@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: ___________________________________

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 mailto:qmuhammad@fs.fed.us

PROJ NAME: Quarantine Facility HVAC Replacement 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:

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

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.

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

PROJ NAME: Quarantine Facility

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

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

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

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

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

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

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

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

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

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

(Name)

(Title)

(Date)

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

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

PROJ NAME: Quarantine Facility

(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

PROJ NAME: Quarantine Facility 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.

PROJ NAME: Quarantine Facility

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

PROJ NAME: Quarantine Facility

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 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

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government ALT I (Sep 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights (Apr 2014) 52.204-2 Alt II Security Requirements (Aug 1996) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) If Exceeding

$500K 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Dec 2014) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages -- Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.212-4 Contract Terms and Conditions -- Commercial Items (Dec 2014) 52.215-2 Audit and Records -- Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-9 Small Business Subcontracting Plan (Oct 2014) 52.219-16 Liquidated Damages -- Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Re-representation (Jul 2013) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (Jun 2003) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 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) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

PROJ NAME: Quarantine Facility HVAC Replacement

52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014) 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) 52.225-9 Buy American Act – Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds -- Construction (Oct 2010) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 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 (May 2014) 52.232-27 Prompt payment for Construction Contracts (May 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 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) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995)

PROJ NAME: Quarantine Facility HVAC Replacement

52.242-13 Bankruptcy (Jul 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-4 Changes (Jun 2007) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Items (Apr 2015) 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) 52.249-2 Termination for Convenience of the Government – Fixed Price (Apr 2012) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

(Apr 2012) 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)

I.2 Clauses Incorporated by Full Text

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)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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)).

PROJ NAME: Quarantine Facility HVAC Replacement

(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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

PROJ NAME: Quarantine Facility

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)…