solicitation.doc

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

ITEMS AND PRICES

The Contractor shall provide all labor, materials, personnel, equipment, tools, transportation, safety items, and supervision to Paint the Exterior of Buildings 001, 002, 003, 004, and 005, located at the Beltsville Agricultural Research Center (BARC), in Beltsville, MD. Contractor shall perform in accordance with the attached Statement of Work, Specifications, and all other terms and conditions of this contract. The Contractor shall plan, schedule, coordinate, and assure satisfactory completion of this project, as described in this requirement.

Item Supplies/Services

Quantity Unit

Extended

No.

Price

Price

Paint the Exterior of

1 Job

Buildings 001, 002, 003, 004, and 005, BARC-West

SECTION C – DESCRIPTON/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.

C.2

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.

SECTION D – PACKAGING AND MARKING

D.1

AGAR 452.247-71

MARKING DELIVERABLES (FEB 1988)

(A) The Contract Number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(B) Mark Deliverables, except for reports, for:

USDA, ARS, BA, Contracting Section

Building 003, Room 329, BARC-West

10300 Baltimore Avenue

Beltsville, MD 20705-2350

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates on 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):

WWW.FAR.NPR.GOV

WWW.ARNET.GOV/FAR

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

NUMBER

TITLE

DATE

52.246-12

INSPECITON 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:

BELTSVILLE AGRICULTURAL RESEARCH CENTER, ARS

Buildings 001, 002, 003, 004, and 005, BARC-West Beltsville, MD 20705

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):

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

NUMJBER

52.242-14

SUSPENSION OF WORK

APR 1984

F.2

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

The Contractor shall be required to (a) commence work under this contract within 10 CALENDAR DAYS after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 93 CALENDAR DAYS. The time stated for completion shall include final cleanup of the premises.

F.3

SCHEDULING

The Contractor shall submit a schedule within 10 CALENDAR DAYS from the Notice to Proceed to the Contracting Officer for approval for all phases of work.

F.3

SUBMITTALS

The Contractor shall provide the submittals 14 CALENDAR DAYS from the receipt of the Notice to Proceed to the Contracting Officer for written approval prior to purchasing/delivering them.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1

CONTRACTING OFFICER

The Contracting Officer has the overall responsibility for the administration of this contract. He/She alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, he/she may delegate certain other responsibilities to his/her authorized representatives.

Contracting Officer for this contract is as follows:

Angela B. Wingert, Contracting Officer

Telephone: 301/504-5548; Fax: 301/504-5009

G.2

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The responsibilities of the COTR include, but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government’s representative in charge of work at the BARC sites; and ensuring compliance with contract requirements insofar as work is concerned.

The COTR does not have the authority to alter the Contractor’s obligations under the contract; direct changes that fall within the purview of the clause entitled “Changes” and/or modify any of the expressed terms, conditions, specifications, or prices of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specifications/Work Statement, the Contracting Officer shall issue such changes in writing and signed by her.

The COTR assigned to this contract will be named upon award and the notice will outline the specific duties of the COTR. A copy of all written communications to the COTR shall be concurrently mailed or otherwise furnished to the Contracting Officer.

G.3

SUBMISSION OF INVOICES

A. MONTHLY INVOICE PREPARATION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice to the following government office:

USDA, ARS, BA

PROCUREMENT & CONTRACTING SECTION

Building 003, Room 329, BARC-West

10300 Baltimore Avenue

Beltsville, MD 20705-2350

The Contractor shall include the following information to comply with the Proper Invoice submission:

1. Name of business concern, invoice number and date.

2. Contract/Order Number.

3. Deliverable as identified in Section F, if applicable.

4. Names, title, phone number, complete mailing address, and signature of official authorized to submit invoice.

5. Prices in accordance with the negotiated Price Schedule in Section B.

6. VID Number.

G.4

CONTRACT CLOSEOUT

(A) Release of Claims

Before final (last) payment is made, the contractor shall furnish the Contracting Officer with a release of all claims against the Government arising by virtue of this contract, other than claims in stated amounts as may be specifically expected by the contractor from the operation of the release.

The Release of Claims shall be submitted on the Contractor’s letterhead and shall state the following:

“For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No.____________, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Date:

Contractor’s Signature:

If the contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee.

(B) Final Payment

To ensure that all necessary adjustments have been submitted before the contract is closed out, the final (last) payment will be made in thirty (30) calendar days after the latter of: (1) date of receipt of a proper invoice; (2) date of acceptable completion of performance; and (3) date of receipt for release of claims by the Contractor.

Cleaning:

(1) Execute cleaning during progress of work and at completion of work.

(2) Maintain premised and public properties free from accumulations of waste, debris, and rubbish caused by operations.

(3) At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials.

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

G.5

WARRANTIES

Submit warranties prior to final application for payment.

1. Submit within ten days after date of substantial completion.

2. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 52.236-14

AVAILABILITY AND USE OF UTILITY SERVICES

(APR 1984)

(A) The Government shall make all reasonable 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.

ELECTRIC

H.2

AGAR 452.236-72

USE OF PREMISES (NOV 1996)

(A) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than show 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 expected 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 waster in accordance with applicable Federal, State, and local regulations.

H.3

AGAR 452.228-71

INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR Clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will 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 worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

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

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

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

H.4

AGAR 452.236-74

CONTROL OF EROSION, SEDIMENTATION, AND

POLLUTION (NOV 1996)

(A) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigations systems, and impoundments (lakes, reservoirs, etc.).

(B) Pollutants such as fuels, lubricants, bitumen’s, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments,; or into natural or man-made channels.

(C) wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(D) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.5

AGAR 452.236-75

MAXIMUM WORKWEEK – CONSTRUCTION

SCHEDULE (NOV 1996)

Within 10 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

(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 8 HOURS A DAYS, MONDAY THROUGH FRIDAY, EXCLUDING GOVERNMENT HOLIDAYS.

H.6

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 re required shall not be used in the work until approved in writing by the Contracting Officer.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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):

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

52.202-1

DEFINITIONS

JULY 2004

52.203-3

GRATUITIES

APR 1984

52.203-5

COVENANT AGAINST CONTINGENT

FEES

52.203-7

ANTI-KICKBACK PROCEDURES

JUL 1995

52.203-8

CANCELLATION, RESCISSION, AND

JAN 1997

RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY

52.203-10

PRICE OR FEE ADJUSTMENT FOR

ILLEGAL OR IMPORPER ACTIVITY

52.203-12

LIMITATION ON PAYMENTS TO

SEPT 2007

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.204-4

PRINTED/COPIED DOUBLE-SIDED

AUG 2000

ON RECYCLED PAPER

52.209-6

PROTECTING THE GOVERNMENT’S

SEPT 2006

INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.214-29

ORDER OF PRECEDENCE--

JAN 1986

SEALED BIDDING

52.215-8

ORDER OF PRECENDENCE--

OCT 1997

UNIFORM CONTRACT FORMAT

52.219-8

UTILIZATION OF SMALL BUSINESS

MAY 2004

CONCERNS

52.219-14

LIMITATIONS ON SUBCONTRACTING

DEC 1996

52.219-27

NOTICE OF TOTAL SERVICE-

DISABLED VETERAN-OWNED

SMALL BUSINESS SET ASIDE

52.222-3

CONVICT LABOR

JUN 2003

52.222-6

DAVIS-BACON ACT

JULY 2005

52.222-7

WITHHOLDING OF FUNDS

FEB 1988

52.222-8

PAYROLLS AND BASIC RECORDS

FEB 1988

52.222-9

APPRENTICES AND TRAINEES

JULY 2005

52.222-10

COMPLIANCE WITH COPELAND

FEB 1988

ACT REQUIREMENTS

52.222-11

SUBCONTRACTS (LABOR

JULY 2005

STANDARDS)

52.222-12

CONTRACT TERMINATION -

DEBARMENT

52.222-13

COMPLIANCE WITH DAVIS-BACON

AND RELATED ACT REGULATIONS

52.222-14

DISPUTES CONCERNING LABOR

STANDARDS

52.222-15

CERTIFICATION OF ELIGIBILITY

FEB 1988

52.222-21

PROHIBITION OF SEGREGATED

FEB 1999

FACILITIES

52.222-26

EQUAL OPPORTUNITY

MAR 2007

52.222-27

AFFIRMATIVE ACTION COMPLIANCE

FEB 1999

REQUIREMENTS FOR CONSTRUCTION

52.222-35

AFFIRMATIVE ACTION FOR SPECIAL

DISABLED VETERANS, VETERANS

OF THE VIETNAM ERA, AND OTHER

ELIGIBLE VETERANS

52.222-36

AFFIRMATIVE ACTION FOR

JUN 1998

WORKERS WITH DISABILITIES

52.222-37

EMPLOYMENT REPORTS ON

DISABLED VETERANS, VETERANS

OF THE VIETNAM ERA, AND OTHER

ELIGIBLE VETERANS

52.223-5

POLLUTION PREVENTION AND

AUG 2003

RIGHT-TO-KNOW INFORMATION

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

52.225-13

RESTRICTIONS ON CERTAIN

JUNE 2008

FOREIGN PURCHASES

52.227-1

AUTHORIZATION AND CONSENT

DEC 2007

52.227-2

NOTICE AND ASSISTANCE

DEC 2007

REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

52.227-4

PATENT INDEMNITY-CONSTRUCTION

DEC 2007

CONTRACTS

52.228-1

BID GUARANTEE

SEPT 1996

52.228-2

ADDITIONAL BOND SECURITY

OCT 1997

52.228-5

INSURANCE-WORK ON A

GOVERNMENT INSTALLATION

52.228-11

PLEDGES OF ASSETS

FEB 1992

52.228-12

PROSPECTIVE SUBCONTRACTOR

OCT 1995

REQUESTS FOR BONDS

52.229-4

FEDERAL, STATE, AND LOCAL

APR 2003

TAXES (STATE AND LOCAL

ADJUSTMENTS)

52.232-5

PAYMENTS UNDER FIXED-PRICE

SEPT 2002

CONSTRUCTION CONTRACTS

52.232-17

INTEREST

JUN 1996

52.232-23

ASSIGNMENT OF CLAIMS

JAN 1986

52.232-27

PROMPT PAYMENT FOR

SEPT 2005

CONSTRUCTION CONTRACTS

52.233-1 DISPUTES

JUL 2002

52.233-3

PROTEST AFTER AWARD

AUG 1996

52.236-2

DIFFERING SITE CONDITIONS

APR 1984

52.236-3

SITE INVESTIGATION AND

CONDITIONS

52.236-5

MATERIAL AND WORKMANSHIP

APR 1984

52.236-6

SUPERINTENDENCE BY THE

CONTRACTOR

52.236-7

PERMITS AND RESPONSIBILITIES

NOV 1991

52.236-8

OTHER CONTRACTS

52.236-9

PROTECTION OF EXISTING

VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10

OPERATIONS AND STORAGE AREAS

APR 1984

52.236-11

USE AND POSSESSION PRIOR TO

COMPLETION

52.236-12

CLEANING UP

52.236-13

ACCIDENT PREVENTION

NOV 1991

52.236-15

SCHEDULES FOR CONSTRUCTION

CONTRACTS

52.236-17

LAYOUT OF WORK

52.236-21

SPECIFICATIONS AND DRAWINGS

FEB 1997

FOR CONSTRUCTION

52.236-26

PRECONSTRUCTION CONFERENCE

FEB 1995

52.236-27

SITE VISIT (CONSTRUCTION)

FEB 1995

52.242-13

BANKRUPTCY

JUL 1995

52.243-4

CHANGES

JUNE 2007

52.244-5

COMPETITION IN SUBCONTRACTING

DEC 1996

52.246-21

WARRANTY OF CONSTRUCTION

MAR 1994

52.248-3

VALUE ENGINEERING----

CONSTRUCTION

52.249-2

TERMINATION FOR CONVENIENCE

OF THE GOVERNMENT (FIXED-PRICE)

52.249-10

DEFAULT (FIXED-PRICE

CONSTRUCTION)

52.253-1

COMPUTER GENERATED FORMS

JAN 1991

I.2 52.204-7

CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(b) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“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 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR 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 numbers 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 CCR 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.

(ii) Trade style, 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 CCR 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) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS

(JAN 2005)

(a) Definitions. As used in this clause—

“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; or

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

“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 Buy American Act (41 U.S.C. 10a – 10d) by providing a preference for domestic construction material. 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.

(H) This requirement does not apply to the construction material 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—

(H) 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 Act 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 Act 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.

Request for determination of inapplicability of the Buy American Act.

(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;

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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

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

Item 1:

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).]

I.4 52.228-15

PERFORMANCE AND PAYMENT BONDS—

CONSTRUCTION (NOV 2006)

(a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.5 52.232-16

PROGRESS PAYMENTS (APR 2003)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor’s total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors—

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor’s payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless—

(i) The Contractor’s practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor’s total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(8) Costs that is not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(8) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for—

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

I Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor’s—

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The unliquidated progress payments exceed the fair value of the work accomplished on the undelivered portion of this contract.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) “Property,” as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title under any other clause of this contract;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title

(iv) to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

(v) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination or special tooling clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer’s approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer’s advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not—

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is damaged, lost, stolen, or destroyed.

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports and access to records. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor’s books, records, and accounts.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall—

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause—

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to—

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments—

(A) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(B) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause is to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government’s right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government’s right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments—

(A) Are constructed in accordance with FAR 32.206I and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government’s right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications

(l) 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. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized.