Fencing_solicitation_2017.docx

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all necessary labor, supervision, material, tools, equipment, transportation, etc., necessary to remove and install barbed wire fencing at the US Meat Animal Research Center at Clay Center, NE. Work shall be completed in accordance with the solicitation and the Project Drawings and Technical Specifications.

B.2 SCHEDULE OF ITEMS

Contractor agrees to perform all required work as described in the below referenced items and contract specifications/drawings. In order to be considered responsive, an offeror must propose on all items:

ALL FOR THE LUMP SUM OF………………………………………………………….

ARS, RLH US Meat Animal Research Center, Clay Center, NE, in accordance with the attached specifications and drawings

AT A COST PER MILE OF ………………………………………………………….

AT A COST PER MILE OF ………………………………………………………….

B.3 PERFORMANCE TIME

Base Item: 180 calendar days after Notice to Proceed is issued.

B.4 EXERCISE OF OPTIONS

The time to exercise any of the optional items will be 90 calendar days after the Notice to Proceed (NTP) is issued.

B.5 PERFORMANCE AND PAYMENT BOND REQUIREMENTS

Performance and Payment Bonds shall be required. The final amount for the bond shall be 100% of the amount of the contract. If additional bond protection is required, the amount shall be in accordance with FAR Clause 52.228-15, Performance and Payment Bonds—Construction.

B.6 DATA UNIVERSAL NUMBERING SYSTEM

Provide your Dun and Bradstreet Number: #_________________________________

B.7 SITE VISIT

A Site Visit will be held on August 31, 2017, 10 a.m, at US Meat Animal Research Center, Clay Center, NE.

For Directions to the site please contact Joe Warrick, Location Site Manager, 402-762-4131, joe.warrick@ars.usda.gov. The site visit will be held for the purpose of providing contractors with the opportunity to familiarize themselves with the site which may be helpful in the preparation of offers.

Attendance at this site visit is not mandatory for offer 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 should be submitted to the Contracting Officer in writing. Questions may be submitted via email, donita.furman@ars.usda.gov or by fax 402-762-4148. Questions should reference 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.

B.8 Additional Information

Bids must be received no later than 2 p.m. September 14, 2017. Bids can be emailed, faxed or mailed to:

Donita Furman, Contract Specialist USDA, ARS, US Meat Animal Research Center State Spur 18D Bldg 1 Clay Center, NE 68933 Phone: 402-762-4145 Fax: 402-762-4148 Email: donita.furman@ars.usda.gov

SECTION C DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.21172) (FEB 1988)

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 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(AGAR 452.211-73)(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

(For this Solicitation, there are NO Clauses in this Section)

SECTION E INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.2522) (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 these addresses: Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html and Agricultural Acquisition Regulation (AGAR): http://www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.24612 AUG 1996 INSPECTION OF CONSTRUCTION

E.2 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 in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of reinspection when material and workmanship are not ready at the time specified by the Contractor for its 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.

(c) The Contractor’s request for final inspection will not be approved unless documentation below, at a minimum, has been provided to the Contracting Officer, in addition to all other contract requirements:

o Training of Appropriate Government personnel o Certified payroll records for all prime and subcontractor employees

(d) As soon as practicable, following final inspection, the Contracting Officer will inform the contractor, in writing, of any discrepancies and/or omissions noted at the final inspection. The Contracting Officer shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

E.3 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is found completed and all contract requisites (i.e. payroll documents, final payment requests, release from claims, etc.) Submitted, the Contracting Officer shall notify the Contractor of such acceptance in writing. Written acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s right under any warranty or guarantee.

SECTION F DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (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: Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html and Agricultural Acquisition Regulation (AGAR): http://www.dm.usda.gov/procurement/policy/agar.html

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

CLAUSE

NUMBER DATE TITLE

52.242-14 APR 1984 SUSPENSION OF WORK

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 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 180 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 LIQUIDATED DAMAGES – CONSTRUCTION

(FAR 52.211-12) (SEPT 2000)

F.4 TIME EXTENSIONS

(FAR 52.211-13) (SEPT 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.

F.5 PERFORMANCE OF WORK BY THE CONTRACTOR

(FAR 52.2361) (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award. The contractor will be notified by letter of the name and duties of the COR.

G.2 CONTRACT CLOSEOUT

G.3 AS-BUILT DRAWINGS

On completion of work, the Contractor shall prepare RECORD DOCUMENTS by marking-up in RED INK one set of the printed Technical Specifications and full-size Project Drawings to show all variations between the actual construction and the Technical Specifications and Drawings. The mark-ups shall include all changes/clarifications resulting from RFIs, approved Change Orders/Bulletins, and Contract Modifications. The printed RECORD DOCUMENTS shall be delivered to the Contracting Officer or COR as directed by the CO. The Contractor shall also scan the RECORD DOCUMENTS to color PDF electronic files and post the files to the project Sharepoint or ftp site.

Where a choice of materials and/or methods was permitted in the construction documents, the as built drawings and specifications shall identify the construction actually provided. Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. Contractor shall stamp/mark the term RECORD DOCUMENTS, date and sign all drawings and volumes of marked specifications. Legibility and clear portrayal of the as built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM), COR, and Owner’s technical representatives as appropriate.

G.4 RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The Contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $* under and pursuant to Contract No. AG-6538-C-xx-xxxx, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Date:

Contractor's Signature:

Print Name of Signer:

Title:

* NOTE: The amount referenced in the paragraph above should be the total Contract amount, not just the final payment amount.

G.5 SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes Clause (FAR 52.243-4), as applicable, are supplemented as follows:

(a) 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. As a minimum, the following shall be shown:

b) On proposals offering a credit for work omitted, deductions for overhead and profit shall also be shown.

c) If the proposed change will result in an increase or decrease in the contract performance period, the contractor shall state the exact number of days involved. If the proposed change is approved and the Government agrees with the increase or decrease in completion time, the completion date will become a part of the contract modification.

d) The following is a sample summary sheet format. A similar sheet shall accompany each written detailed cost breakdown. The sample summary is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

SUMMARY SHEET FORMAT

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

4.Fringe Benefits, Labor Taxes & Insurance ( % of Line 3) $

SUB-CONTRACTOR’S WORK

TOTAL PRIME & SUB-CONTRACTOR’S WORK

Date for Time Extension (if any and justification):

Signature & Title of Preparer Date

NOTE: The cumulative total for overhead and profit of all subcontractors and the general contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent.

G.6 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The U.S. Department of Agriculture utilizes modules within the Department of Defense system, Contractor Performance Assessment Reporting System (CPARS). Specifically, the Construction Contractor Appraisal Support System (CCASS) module is used for construction contracts and the Architect-Engineer Contract Administration Support System (ACASS) module is used for Architect-Engineer (A-E) contracts to record and maintain past performance information. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect Engineering).

(b) The Government will register each contractor in the CCASS/ACCASS system at time of award. This registration will require that contractors provide to the Contracting Officer the name of the company’s primary contact, Contractor Representative (CR), and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CCASS/ACASS system will send an email to the CR notifying that individual that a performance evaluation is electronically available for review and comment.

(c) Contractors will access evaluations through a secure Web site for review and comment at the following sites:

Construction: http://www.cpars.csd.disa.mil/ccassmain.htm A-E: http://www.cpars.csd.disa.mil/acassmain.htm

(d) Interim and final evaluations will be available to the contractor in the CCASS/ACASS system and notification from the CCASS/ACASS system will be sent to the contractor. The final performance evaluation will be entered in the CCASS/ACASS system at the time of completion of the contract. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

G.7 INVOICE PREPARATION AND SUBMISSION

Schedule of Values: Prior to submission of the first progress payment application/invoice, the Contractor shall have submitted and received approval from the Contracting Officer (CO) of a Schedule of Values for the project on ARS Form 371. The schedule shall break the project scope into sub-units such that the government representatives reviewing payment requests may fairly judge progress and completion on each line item. No payments will be processed prior to approval of the Schedule of Values.

Invoice Processing Platform: Progress payment applications/invoices for this project will be electronically processed through the US Treasury Invoice Processing Platform (IPP) system and the Contractor will submit invoices directly into IPP. Prior to electronic submission, a draft invoice review process will be established by the CO for COR/government representative review of draft payment applications; which will include submission of completed ARS Forms 371 & 372.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DIFFERING SITE CONDITIONS

(FAR 52.236-2) (APR 1984)

(a) The contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.2 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-3) (APR 1984)

(a) The contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H.3 MATERIAL AND WORKMANSHIP

(FAR 52.236-5) (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the contractor shall provide full information concerning the material or articles. When directed to do so, the contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

H.4 SUPERINTENDENCE BY THE CONTRACTOR

(FAR 52.236-6) (APR 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 assign and have on the worksite competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H.5 PERMITS AND RESPONSIBILITIES

(FAR 52.236-7) (NOV 1991)

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall also be responsible for all damages to persons or property that occur as a result of the contractor's fault or negligence. The contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.6 OTHER CONTRACTS

(FAR 52.236-8) (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.7 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(FAR 52.236-9) (APR 1984)

(a) The contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the contractor. The contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the contractor.

H.8 OPERATIONS AND STORAGE AREAS

(FAR 52.236-10) (APR 1984)

(a) The contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the contractor and shall be removed by the contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the contractor shall protect them from damage. The contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

H.9 USE AND POSSESSION PRIOR TO COMPLETION

(FAR 52.236-11) (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

H.10 CLEANING UP

(FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H.11 ACCIDENT PREVENTION

(FAR 52.236-13) (NOV 1991)

(a) The contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the contractor shall-

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers, Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to health or safety of the public or Government personnel, the Contracting Officer shall notify the contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the contractor or the contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the contractor shall immediately take corrective action. If the contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The contractor shall not be entitled to any equitable adjustment of the contract price or extension of performance schedule on any stop work order issued under this clause.

(e) The contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

H.12 AVAILABILITY AND USE OF UTILITY SERVICES

(FAR 52.236-14) (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 or technical specifications, 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.13 SCHEDULES FOR CONSTRUCTION CONTRACTS

(FAR 52.236-15) (APR 1984)

(a) The Contractor shall, within five (5) days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

H.14 SCHEDULES FOR CONSTRUCTION CONTRACTS - SUPPLEMENT

The period of time for submission of the schedules required by FAR 52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS, is 15 calendar days after the work commences.

The above submission time frame supersedes that identified in FAR 52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS.

H.15 LAYOUT OF WORK

(FAR 52.236-17) (APR 1984)

The contractor shall lay out its work from Government-established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the contractor.

H.16 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FAR 52.236-21) (FEB 1997) Alternative 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, any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and 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.

(e) If this contract requires shop drawings, the contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefore. Any work done before such approval shall be at the contractor's risk. Approval by the Contracting Officer shall not relieve the contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(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.

H.17 INSURANCE COVERAGE - ALT 1

(AGAR 452.228-71) (NOV 1996)

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

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

(b) General Liability.

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

(2) The Contractor shall have property damage liability insurance 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 covering the operations 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, which ever is greater.

H.18 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT

(AGAR 452.236-71) (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

H.19 USE OF PREMISES

(AGAR 452.236-72) (NOV 1996)

(1) 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, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor.

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

H.20 ARCHAEOLOGICAL OR HISTORIC SITES

(AGAR 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.21 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(AGAR 452.236-74) (NOV 1996)

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

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on to the ground, into or near rivers, streams, and impoundments or into natural or man made channels. 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.

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

H.22 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE

(AGAR 452.236-75) (NOV 1996)

Within 15 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 time) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is Monday thru Friday, 7 a.m. to 6 p.m, location time, not to exceed 40 hours per week. The Contractor's proposed hours of work are to include daily starting and stopping times.

H.23 SAMPLES AND CERTIFICATES

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 accordance with the specifications to show compliance with materials and construction specified in the contract performance requirements.