AG-3615-S-09-0011 KAISER WELL

AG-3615-S-09-0011 RELOCATE THE KAISER WELL LINE AT KEARNEYSVILLE, WV

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair) (FAC 2005-35)

1. SOLICITATION NO. |2. TYPE OF SOLICITATION |3. DATE ISSUED

| [X] SEALED BID (IFB) |

AG-3615-S-09-0011 | [ ] NEGOTIATED (RFP) | 08/27/09

IMPORTANT-The "Offer" section on pages 2 and 3 must be fully completed by offeror._______________________________________________________________________

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

| NO. |

7. ISSUED BY | 8. ADDRESS OFFER TO

USDA, ARS, North Atlantic Area | USDA, ARS, North Atlantic Area Contracting Office | Contracting Office 600 East Mermaid Lane | 600 East Mermaid Lane Wyndmoor, PA 19038 | Wyndmoor, PA 19038

9. FOR |A. NAME |B. TELEPHONE NO. (Include area code)

INFORMATION| | (NO COLLECT CALLS)

CALL | LISA M. BOTELLA | (215) 233-6551

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying no., date):

THIS PROJECT IS RESERVED FOR A COMPETITIVE HUB-ZONE SMALL BUSINESS SET-ASIDE

IN ACCORDANCE WITH THE SMALL BUSINESS COMPETITIVE DEMONSTRATION PROGRAM.

The USDA Agricultural Research Service (ARS) requires that all labor, supervision, tools, and materials be provided relocate approximately 500 linear feet (LF) of a 4 inch diameter PVC pipeline using horizontal directional drilling at the National Center for Cool and Cold Water Aquaculture (NCCCWA) located in Leetown, WV. The work includes, but is not limited to, field verification, excavation/disposal of approximately 500 linear feet of 4 inch diameter PVC pipe, 500 LF horizontal directional drilling for PVC pipe and electrical cable for well pump, connecting new 4 inch diameter PVC pipe to existing pipe sections, provide/install approximately 500 LF of electrical cable to existing cable sections, provide/install 4 inch diameter PVC “Y” fitting with two shut-off valves, and pressure testing new PVC pipe section. All work shall be performed in accordance with the terms, conditions, drawings, and specifications contained in this document.

Price Range: Between $100,000 and $250,000_______________________________

11. The Contractor shall begin performance within 30 calendar days and complete it within 90 calendar days after receiving [ ] award [X] notice to proceed. This performance period is [X] mandatory [ ] negotiable. (See Section F, FAR 52.211-10).

EXCEPTION TO STANDARD FORM 1442 (REV.4-85) Prescribed by GSA APPROVED BY GSA/OIRM (6/85) FAR(48 CFR) 53.236-1(e)

` SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED | 12B. CALENDAR DAYS

PERFORMANCE AND PAYMENT BONDS? (If "YES" | indicate within how many calendar days | 14 after award in Item 12B.) |

[X] YES [ ] NO SEE ITEM H.3 & H.4 |

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and one copy to perform the work required are due at the place specified in Item 8 by 1:00 PM eastern standard time on September 25, 2009. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee [X] is, [ ] is not required.

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

D. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

OFFER (Must be fully completed by offeror)

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

|16. REMITTANCE ADDRESS

DUNS No: |

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

AMOUNTS|

EXCEPTION TO STANDARD FORM 1442 (REV.4-85)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO. | | | | | | | | | |

DATE | | | | | | | | | |

20A. NAME AND TITLE OF PERSON |20B. SIGNATURE |20C. OFFER DATE

AUTHORIZED TO SIGN OFFER | |

(Type or print) | |

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT | 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO | 25. OTHER THAN FULL AND OPEN

ADDRESS SHOWN IN ITEM 7. | COMPETITION PURSUANT TO:

| [ ] 10 USC 2304(c) ( ) SEE ITEM G.2. | [ ] 41 USC 253(c) ( )

26. ADMINISTERED BY CODE| 3615 |27. PAYMENT WILL BE MADE BY:

USDA, ARS, NAA CONTRACTING OFC. | USDA-OCFO, NATIONAL FINANCE CENTER (NFC)

600 EAST MERMAID LANE |

WYNDMOOR, PA 19038 |

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

[ ] 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return two (2) copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

[ ] 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR | 31A. NAME OF CONTRACTING OFFICER

OR PERSON AUTHORIZED TO SIGN | (Type or print) (Type or print) |

| LISA M. BOTELLA

30B. SIGNATURE | 30C. DATE |31B. UNITED STATES |31C. AWARD

| | OF AMERICA | DATE

| | BY _________________ |

(Construction, Alteration, or Repair)

PART I - THE SCHEDULE

(FEB 1988)

SECTION D - PACKAGING AND MARKING

COMPLETION OF WORK (APR 1984)

F.3 52.211-13 TIME EXTENSIONS (SEP 2000)

(FEB 1997) ALTERNATIVE I (APRIL 1984)

i

TABLE OF CONTENTS PAGE

H.9 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

ALTERNATIVE I (NOV 1996)

H.11.1MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE SUPPLEMENT

PART II - CONTRACT CLAUSES

MATERIALS (FEB 2009)

I.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT -

CONSTRUCTION MATERIALS (FEB 2009)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

(APR 1985)

K.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS. 37

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2008)

ii

TABLE OF CONTENTS PAGE

K.8 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE . . . 46

SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (OCT 2000)

(OCT 1999)

REPORTING (AUG 2003)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 PAST PERFORMANCE QUALIFICATION

iii

AG-3615-S-09-0011 RELOCATE THE KAISER WELL LINE AT KEARNEYSVILLE, WV

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF WORK

B.2 SCHEDULE OF ITEMS

ITEM NO. DESCRIPTION OF SERVICES QUANTITY PRICE

SEPTEMBER 9, 2009 at 11:00 a.m.

See below

B.3 (CONTINUED)

(c) Participants will meet at –

USDA, ARS, NAA, NCCCWA

11861 LEETOWN ROAD

KEARNEYSVILLE, WV 25430

Contractors interested in attending must contact Mr. Logan Garrett not later than close of business on September 8, 2009 at telephone number (304) 724-8340, ext. 2110 to make reservations. When making reservations, contractors are required to furnish the names, addresses, and phone number of those persons who will be attending.

The site visit will be held for the purpose of providing contractors with the opportunity to familiarize them with the site which may be helpful in the preparation of bids. Attendance at this site visit is not mandatory for bid submission. However, failure to visit the site will not relieve or mitigate the successful contractor's responsibility and obligation to fully comply with the terms, conditions, and specifications contained and/or referenced in this document.

Any questions arising from this solicitation prior to the site visit should be submitted to the Contracting Officer in writing not later than close of business on September 8, 2009. Questions arising from the site visit must be submitted to the Contracting Officer not later than close of business on September 10, 2009. Questions may be submitted via by email to lisa.botella@ars.usda.gov. Questions should reference the solicitation number and description and the particular section in the solicitation or specification/drawing section of concern, if applicable. All written questions received, whether prior to the site visit or subsequent to it, will be answered in writing and transmitted to all offerors via an amendment to the solicitation through the FBO website. It is the contractor’s responsibility to monitor the FBO website for changes made to this solicitation.

B.4 ADDITIONAL BID INFORMATION

No telegraphic or facsimile bids shall be accepted.

B.5 SUPPLEMENT TO CHANGES CLAUSE (52.243-4)

The Contractor shall provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The proposal shall be in sufficient detail that will enable the Government to determine the reasonableness of the contractor’s and subcontractor’s cost to do the change. Estimated time extension (if any) shall be stated with justification for the additional time required. As a minimum, the following shall be shown:

B.5 (CONTINUED)

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30 PERCENT. FOR PRIME CONTRACTORS WORK ONLY, THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT SHALL NOT EXCEED 20 PERCENT.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 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 as further described.

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

SECTION E - INSPECTION AND ACCEPTANCE

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

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 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 at:

USDA, ARS, NAA, NCCCWA

11861 LEETOWN ROAD

KEARNEYSVILLE, WV 25430

E.3 SUBSTANTIAL COMPLETION INSPECTION

The Contractor shall notify the COR at least ten calendar days before the end of the contract completion date to schedule the project for a substantial completion inspection to be conducted.

E.4 FINAL INSPECTION

a. A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract has been completed in accordance with the terms, conditions, specifications, and drawings set forth in this contract. If, upon examination by the Contracting Officer, his/her designated representative and Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the Contractor may be held financially liable for any additional cost of reinspection when material and workmanship are not ready at the time specified by the Government for project inspection.

b. The Contractor shall give the Contracting Officer ten (10) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

E.4 (CONTINUED)

c. The Contracting Officer or designated Representative will notify the Contractor of any discrepancies and/or omissions noted at the final inspection by providing a "punchlist" as to the discrepancies, omissions, replacement of materials and performance or re-performance of any unsatisfactory work necessary for final acceptance. This notification shall not in any way be deemed an extension of the contract completion date. If all construction required by the contract is found completed and all contractual documents (i.e. payrolls, shop drawings/as-builts, release from claims, etc.) have been submitted, the Contracting Officer shall notify the Contractor of such in writing by processing the final payment for the project.

d. Acceptance shall be final and conclusive, except for latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding the Government's right under any warranty or guarantee.

SECTION F - DELIVERIES OR PERFORMANCE

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

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days after receipt of the notice to proceed. 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 within 30 days of contract award. 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.3 52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer shall designate the Contracting Officer's Representative (COR) at the time of contract award. The Contractor will be notified by letter of the name and duties of the COR.

G.2 INVOICES

Invoices shall be submitted in an original and one (1) copy and include a Release of Claims Form (see Section G-3) to the attention of the Contracting Officer. Invoices shall contain, at a minimum, the name of the Company; Contract Number; description of services, price for such services actually rendered; shipping and payment terms; and name (where practicable), title, phone number and complete mailing address of responsible official to whom payment is to be sent. In order for invoices to be processed, certified payroll records must have been received by the Contracting Officer for the period being invoiced.

NO INVOICES WILL BE PROCESSED UNLESS CURRENT CERTIFIED PAYROLL RECORDS ARE ON FILE WITH THE CONTRACTING OFFICER IN ACCORDANCE WITH THE DAVIS-BACON ACT. All invoices will be returned to the Contractor without payment action until payroll records are received by the Contracting Officer.

DATE:

Name, Title, and Signature of Contractor

a. Comply with provisions of the contract agreement relating to submittals prior to substantial completion, or owner’s use of completed portions of work.

(2) Cleaning

a. Execute cleaning during progress of work and at completion of work.

b. Reference other specification sections for additional specific work.

c. Maintain premises and public properties free of accumulations of waste, debris, and rubbish caused by operations.

d. At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

e. Areas disturbed during construction operations shall be restored generally to match conditions existing prior to start of work.

(3) Project Record Drawings:

a. Maintain documents in clean, dry, legible condition.

b. Make documents available at all times for inspection by COR, CO and other individuals as may be designated by the CO.

c. Label each document “Project Record”.

d. Keep record documents current.

e. Do not conceal work until required information has been recorded.

f. At completion of work and before final acceptance, submit as-built drawings in accordance with special contract requirements.

(4) Operating and Maintenance Manuals

a. System Demonstration. Prior to final inspection demonstrate operation of each system to the COR and other individuals as may be designated by the CO.

b. Instruct designated Government personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

G.4 (Continued)

(5) Warranties

a. Submit warranty information within ten days after date of substantial completion. For items of work delayed materially beyond date of substantial completion, provide an updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. No final application for payment will be processed until all warranty information is furnished.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

H.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at:

USDA, ARS, NAA, NCCCWA

11861 LEETOWN ROAD

KEARNEYSVILLE, WV 25430

H.3 NOTICE OF REQUIRED PERFORMANCE SECURITY

If a contract exceeds $100,000, the successful offeror shall furnish security to guarantee faithful performance of the contract in the amount of 100 percent off the total contract price. The Government may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or to obtain an additional bond. Security may be in the form of a performance bond on Standard 25 (furnished on request), or in

H.3 (Continued) the form of a certified or cashier’s check, or Post Office money order. Money orders and checks shall be drawn payable to: USDA, Agriculture Research Service.

H.4 NOTICE OF REQUIRED PAYMENT SECURITY

In a contract exceeds $100,000, the successful offeror shall furnish security to guarantee payments to all persons supplying labor or materials in the performance of the contract. Such security may be in the form of a payment bond on Standard Form 25A (furnished on request) or in the form of a certified or cashier’s check or Post Office money order. Money orders and checks shall be drawn payable to: USDA, Agricultural Research Service. The penal sum of the payment bond shall equal:

(c) $2 1/2 million, if the contract is more than $5 million.

H.5 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

Within 14 (fourteen) calendar days after the date of receipt of Notice of Award, the Contractor shall prepare and submit to the Contracting Officer for approval and signature, an original and two copies (with original signatures by the Contractor) of ARS Form 371, "Construction Progress and Payment Schedule." This form, in conjunction with ARS Form 372, "Contractor's Request for Payment Transmittal" (or an acceptable facsimile), will be the basis for partial payments to the Contractor. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the purchase order. Upon the Contracting Officer's approval and signature, a copy of the Form 371 (with original signatures) will be given to the Contractor.

A blank copy of both the ARS-371 and ARS-372 will be provided to the Contractor with the Notice of Award. No work may be performed onsite unless and until the ARS Form 371 has been approved by the Contracting Officer. The ARS Form 371 is required even though progress or partial payments would not be requested by the Cooperator. The need by a Contractor for partial or progress payments, when authorized by the terms of this document, will not be treated as a handicap in making a purchase order award.

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

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assigned and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H.7 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract.

Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H.8 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE I (APR 1984)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of the Contracting Officer is intended and similarly the words "approved," "acceptable," "satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed."

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and

H.8 (Continued) assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted.

H.9 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996) ALTERNATE I (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to

H.9 (Continued) require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

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

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $500,000 per occurrence.

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

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

H.10 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.11 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 in writing for approval:

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

H.11(Continued)

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

The maximum workweek that will be approved is 7:00 a.m. to 5:00 p.m., Monday through Friday, excl. Federal holidays.

H.11.1 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE SUPPLEMENT

The maximum workweek that will be approved is 7:00 a.m. - 5:00 p.m. Monday thru Friday, not to exceed 40 hours per work excluding Federal holidays.

Listed below are official Government holidays:

The contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security, Government identified emergency health and safety evacuation, etc.

H.12 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

b. Shop drawings and submittals shall be marked with the Contract Number, Project Description, Name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the contract requirements because of standard shop practice or other reasons, the Contractor shall make specific mention of such variations in his/her letter of transmittal or directly on the drawing/submittal.

c. Approval of shop drawings will be general and will not relieve the Contractor of the responsibility of furnishing material and work required by the contract.

d. Shop drawings shall be submitted for approval in ample time to permit checking of the drawings, allow the Contractor to make any corrections and resubmit drawings prior to the time construction is started on work covered by any drawings.

e. Non-approval of equipment due to the failure to meet specifications or non-approval of the Contractor's drawings due to submission of incomplete or incorrect information shall not be considered as a basis for extension of time for completion of the contract.

f. The quantity of shop drawings required may be subject to change due to construction management surveillance needs and/or the complexity of the project. Quantities of shop drawings and submittals will be finalized at the preconstruction conference.

H.14 AS-BUILT DRAWINGS AND OPERATIONS AND MAINTENANCE MANUALS

Upon completion of the Contract, the Contractor shall submit to the Contracting Officer one (1) set of neatly marked (in red) and labeled "As-Built" drawings and shall also submit three (3) copies of each Operations and Maintenance Manuals for any and all equipment furnished and/or installed by the Contractor under this contract. Final payment shall not be made unless and until such documentation is received and accepted by the Contracting Officer.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

I.1 (CONTINUED)

NUMBER TITLE DATE

I.1 (CONTINUED)

NUMBER TITLE DATE