SOLICITATION__AG-8KAP-S-16-0005.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS

PAGE OF PAGES

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

UNDER BDSA REG. 2

AND/OR DMS REG. 1

4. RATING

IS NOT A SMALL BUSINESS SET-ASIDE

5a. ISSUED BY 6. DELIVER BY (Date)

7. DELIVERY5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

FOB DESTINATION OTHER

(See Schedule)

8. TO:

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

10.

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable This form was electronically produced by USDA/ARS/OCIO/ADB.

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. TITLE (Type or print)

AREA CODE

NUMBER

01/29/2016

02/26/2016, 4:00pm MST

1 13

AG-8KAP-S-16-0005

USDA, ARS, PA, LSS

MOLLY JACKSON 492-7704

USDA, ARS, PA, SMSBRU

1701 Centre Ave

Fort Collins

CO 80526

1 Greenhouse Shade Cloth Replacement ea

All for the Lump Sum of: ________________________

***See Statement of Work for full requirements

Solicitation #AG-8KAP-S-16-0005

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NOTICE: This procurement is conducted according to a combination of FAR Part 36, Construction and Architect -- Engineer Contracts, and Part 13, Simplified Acquisition Procedures.

QUOTE SUBMISSION INSTRUCTIONS

1. Read the solicitation in its entirety.

2. Quote submissions need to include a completed and signed copy of page one, the Standard Form 18 (SF-18), with a technical proposal. The quote should also include any other documentation deemed necessary, such as past performance references, referenced on page 13.

3. Quotes must be submitted via email by 4pm MST, Feb. 26th, 2016, to Molly Jackson at Molly.Jackson@ars.usda.gov.

4. This is a “Buy Best Value” Acquisition. Award of the contract resulting from this solicitation will be made to the responsible offeror, as defined by FAR 9.104-1, whose proposal offers the "best value" to the Government, which may not necessarily be the quote offering the lowest price nor the highest technical score. In the event two or more offerors within the competitive range are considered essentially equal in terms of technical competence, the Government reserves the right to award to the offeror with the lowest realistic price.

The Government may elect to conduct discussions with offerors whose quotes are technically acceptable (or which may be expected to be made acceptable by moderate modification) and fall within the competitive price range. The Government reserves the right, however, to award a contract based on initial offers without conducting discussions. Therefore, each quote should be submitted in the most favorable terms, from a price and technical standpoint.

NOTE: All contractors must be registered in the System for Award Management (SAM) database, as required by FAR 4.1102, by the quote submission deadline. Information on registration may be obtained by visiting https://www.sam.gov.

PART I - CONTRACT ADMINISTRATION DATA

1. Project: Greenhouse Shade Cloth Replacement

2. Overview: The U.S. Department of Agriculture (USDA), Agriculture Research Service (ARS) has four greenhouses at the CROPS Research Laboratory in Fort Collins, CO. The greenhouses are roughly 10 years old, and as such, the shade cloth is in need of replacement.

3. Notice of Set-Aside for Small Business Concerns: This requirement is a Total Small Business Set Aside.

4. NAICS for this procurement is: 238390 – Other Building Finishing Contractors – Size Standard is $15 Million

5. Magnitude of the Project: Between $25,000 and $100,000

6. Period of Performance: 90 days after receipt of the Notice to Proceed

7. Location:

USDA, ARS, PA, SMSBRU

CROPS Research Laboratory 1701 Centre Ave Fort Collins, CO 80526

8. Site Visit: An organized site visit will be conducted on Feb. 11th, 2016 at 10am MST. The site visit will be held at the location listed above. Please contact Molly Jackson at Molly.Jackson@ars.usda.gov if interested in attending the site visit.

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.

9. Questions: All questions regarding the solicitation must be submitted in writing to the Contracting Officer, Molly Jackson, via email to Molly.Jackson@ars.usda.gov. Questions must be submitted no later than 4pm MST, Feb. 19th, 2016.

10. Wages: The minimum wage rates, required by the Davis-Bacon Act, to be paid to the various classes of laborers and mechanics employed on this project are set forth in attachment 4, “Davis Bacon Wage Determination”.

mailto:Molly.Jackson@ars.usda.gov https://www.sam.gov/ mailto:Molly.Jackson@ars.usda.gov mailto:Molly.Jackson@ars.usda.gov

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11. Bonds: If the contract exceeds $35,000, the bidder to whom award is made shall furnish a payment security, which can be a payment bond or an alternative form per FAR 52.228-13 – Alternative Payment Protections, and AGAR 452.228-70 – Alternative Forms of Security.

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

13. Invoices: To invoice, a vendor must first enroll in the Invoice Processing Platform (IPP) by visiting https://www.ipp.gov/vendors/index.htm. Once enrolled, all invoices must be submitted electronically through IPP. The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• E-mail notification when invoice(s) are paid

• Online payment history

• Remittance download

E-mail notifications of payments are sent when a payment is distributed to your bank account and will include all pertinent payment information. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is (866) 973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov.

14. Non-Excepted Activity: Work under this contract has been determined NOT TO BE an Excepted Activity in the absence of an appropriation or CR. Activities under this contract do not support the preservation and protection of life and property and do not support law enforcement, health and safety functions. In the event of shutdown, you will be notified by the cognizant contracting officer (CO) of the Government status and directed to suspend performance/stop work under this contract. For details on the procedures, see Federal Acquisition Regulation (FAR) Clause 52.242-14, Suspension of Work or FAR Clause 52.242-15, Stop Work Order, as included in this contract.

15. Ozone-Depleting Alternatives: The Clean Air Act (Title VI) and Executive Order 13423 require giving preference to the purchase of safe alternatives to ozone-depleting substances as approved by EPA’s Significant New Alternatives Policy (SNAP) program.

16. Waste Prevention and Recycling: As required by The Resource Conservation and Recovery Act and Executive Order 13423, must meet certain waste prevention and recycling targets. The requirements for this construction project are:

a. All contractors are encouraged to minimize the waste generated during construction and demolition projects and maximize the amount of material that is reused and recycled. Contractors should take full advantage of all reuse and recycling programs available.

b. At the end of each quarter and at the completion of the project, the contractor will provide the COR with information on all materials that were dispositioned, denoting the weight or volume of each material and whether it was reused, recycled, or disposed of.

17. Desired Environmentally Preferable Construction Materials: In addition to the items required, USDA, ARS encourages the purchase of materials and products that are environmentally preferable-- those which life-cycle analyses show to be environmentally preferable either because of their resource materials, manufacturing process, toxicity levels, end-of-life possibilities, etc. These include, but are not limited to, bio-based, energy, and water efficient products; wood certified by the Forest Stewardship Council; and paints and adhesives with low volatile organic compound (VOC) content. See “Resources” below for environmentally preferable materials and product guides.

18. Resources:

a. Biobased: Biobased Industrial Products certified by the U.S. Department of Agriculture at http://cfr.regstoday.com/7cfr3201.aspx

b. Biobased/Recycled Exemption Form: Affirmative Procurement Exemption Justification Form to report products which could not be purchased with the specified biobased or recycled content at https://www.fedcenter.gov/Documents/index.cfm?id=18158&pge_id=1606&printable=1 https://www.ipp.gov/vendors/index.htm mailto:IPPCustomerSupport@fms.treas.gov http://cfr.regstoday.com/7cfr3201.aspx http://www.hss.doe.gov/pp/epp/library/exemjus.doc http://www.hss.doe.gov/pp/epp/library/exemjus.doc https://www.fedcenter.gov/Documents/index.cfm?id=18158&pge_id=1606&printable=1

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c. Contract Language: Contract Language for Environmentally Preferable Products database in which to search for language to use in your sub- contracts for construction materials, cleaning products, furniture, etc. at http://yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/Search.html?Open

d. Energy Efficient: Federal Energy Management Program for energy efficient products at http://www1.eere.energy.gov/femp/procurement

e. Recycled: Comprehensive Procurement Guidelines for products designated by the U.S. Environmental Protection Agency for purchase with recovered materials at http://www.epa.gov/epawaste/conserve/tools/cpg/

19. Construction Progress and Payment Schedule:

a. In accordance with specification section 13300-2, prior to the commencement of work the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371, Construction Progress and Payment Schedule.

This form will serve as a Schedule of Estimates, Progress Schedule, and it will be the basis for Requests for Partial Payment.

The values employed in making the schedule will be used only for determining partial payments and will not be considered as establishing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor.

b. A sample of the ARS Form 371 is available upon request. A blank copy of this form will be provided to the Contractor with the Notice of Award.

c. ARS Form 371 is required even though progress or partial payments are not requested.

d. The need by an offeror for partial or progress payments, when authorized in the payment provisions of this request for proposal, will not be treated as a handicap in making the award.

NOTE: The contractor must also submit a company stock invoice with the name of the firm on the invoice, with a unique (i.e. never used before) invoice number contained thereon.

20. Utilities Outage: Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least 3 days (72 hours) prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

21. Cooperation with Other Contractors: During the period of construction for the work covered by this contract, other contractors performing work for the Government may be operating concurrently at the site. To minimize interference and delay to the construction progress of all concerned, all contractors shall cooperate with each other and coordinate their construction operations to the fullest extent. As far as practicable, all contractors performing work for the Government at the site shall have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter shall be referred to the Contracting Officer.

22. Submittals and Shop Drawings:

a. The Contractor shall submit for approval, shop drawings of all manufactured products required in the construction for which such drawings are hereinafter required. When approved, one set will be retained; one set forwarded to the Government representative on the job and two sets forwarded to the Contractor. When changes or corrections are necessary, two sets will be returned to the Contractor with such corrections noted thereon, and he shall resubmit revised prints. Submittals shall be 8.5”x11” sent electronically; whenever oversized submittals are needed/required by the Contracting Officer’s Representative those oversized submittals shall be in paper format.

b. Shop drawings shall be marked with the contract number and Work Order Number, project description, name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the contract requirements because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal.

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

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

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

f. The quantity of shop drawings required is subject to change. This will occur only when the Government is under contract with an A-E firm to approve shop drawings. In this respect, A-E will coordinate final quantity required between all interested parties.

http://yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/Search.html?Open http://yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/Search.html?Open http://www1.eere.energy.gov/femp/procurement http://www.epa.gov/epawaste/conserve/tools/cpg/

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23. List of Materials:

a. The Contractor shall submit for approval a complete list, in electronic format, of brands, type, and make of various equipment and materials proposed to be used. If the Contractor fails to submit such a list, or names of equipment which does not comply with the specifications, or if the manufacturers named are unsatisfactory, the Government reserves the right to reject same and to select satisfactory substitute materials. This selection shall be final and finding upon the Contractor, and the work shall be installed on this basis without change in contract price.

b. In order to properly identify and to prove compliance with the requirements of the specifications, the Contractor shall give the following data for each product included in the list of materials.

i. Section heading of the specifications under which material is specified.

ii. Manufacturer’s name and address.

iii. Grade, type, trade or catalog number.

iv. Size, capacity, and other pertinent data.

c. All materials, fixtures, and equipment furnished and installed under this contract shall be new and of the best quality; shall be standard cataloged products or reputable manufacturers products or of special manufacture, satisfying completely the contract requirements.

d. Similar items, unless otherwise specified herein or approved by the Contracting Officer or approved by the delegated Contracting Officer’s Representative, shall be the product of the same manufacturer, and those fulfilling the same requirements as to size and construction shall be identical.

e. Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict contractor to brand specified; however, any substitution must be met with approval of the Contracting Officer or approval of the delegated Contracting Officer’s Representative. Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer or approved by the delegated Contracting Officer’s Representative. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality should the contractor and the delegated Contracting Officer’s Representative disagree on paralleled quality for any and all submittals.

PART II – CONTRACT TERMS AND CONDITIONS

52.211-10 – Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to

(a) commence work under this contract within Fifteen (15) 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 60 calendar days after the date the Contractor acknowledges the notice to proceed (90 calendar days if the Option item is awarded). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.225-9 – Buy American Act – Construction Materials (May 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

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“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material

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Domestic construction material Item 2 Foreign construction material Domestic construction material

(End of Clause)

52.228-13 -- Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

1. A payment bond.

2. An irrevocable letter of credit (ILC).

3. Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

4. Money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA, Agricultural Research

Service.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

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):

FAR http://farsite.hill.af.mil/vffara.htm AGAR http://farsite.hill.af.mil/VFagara.HTM

Clause Title Date 52.204-10 Reporting Executive Compensation and First-tier Subcontract Awards Jan. 2014 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov. 2015 52.219-6 Notice of Total Small Business Aside Nov. 2011 52.222-3 Convict Labor Jun. 2003 52.222-6 Construction Wage Rate Requirements May. 2014 52.222-7 Withholding of Funds May. 2014 52.222-8 Payrolls and Basic Records May. 2014 52.222-9 Apprentices and Trainees Jul. 2005 52.222-10 Compliance with Copeland Act Requirements Feb. 1988 52.222-11 Subcontracts (Labor Standards) May. 2014 52.222-12 Contract Termination - Debarment May. 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May. 2014 52.222-14 Disputes Concerning Labor Standards Feb. 1988 52.222-15 Certification of Eligibility May. 2014 52.222-19 Child Labor—Cooperation with Authorities and Remedies Jan. 2016 52.222-21 Prohibition of Segregated Facilities Apr. 2015 52.222-26 Equal Opportunity Apr. 2015 52.222-27 Affirmative Action Compliance Requirements for Construction Feb. 1999 52.222-35 Equal Opportunity for Veterans Oct. 2015 52.222-36 Equal Opportunity for Workers with Disabilities Jul. 2014 52.222-37 Employment Reports on Veterans Oct. 2015 52.222-55 Minimum Wages Under Executive Order 13658 Dec. 2015 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts Sep. 2013 52.223-3 Hazardous Materials Identification and Material Safety Data (Alt 1) Jan. 1997 52.223-4 Recovered Material Certification May. 2008 52.223-5 Pollution Prevention and Right-To-Know Information May. 2011 http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/VFagara.HTM

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52.223-6 Drug-Free Workplace May. 2001 52.223-10 Waste Reduction Program May. 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts May. 2008 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving Aug. 2011 52.225-13 Restrictions on Certain Foreign Purchases Jun. 2008 52.227-4 Patent Indemnity - Construction Contracts Dec. 2007 52.228-2 Additional Bond Security Oct. 1997 52.228-11 Pledges of Assets Jan. 2012 52.228-12 Prospective Subcontractor Request for Bonds May. 2014 52.232-5 Payments Under Fixed-Price Construction Contracts May. 2014 52.232-16 Progress Payments Apr. 2012 52.232-23 Assignment of Claims May. 2014 52.232-27 Prompt Payment for Construction Contracts May. 2014 52.232-33 Payment by Electronic Funds Transfer— System for Award Management Jul. 2013 52.232-39 Unenforceability of Unauthorized Obligations Jun. 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec. 2013 52.233-1 Disputes May. 2014 52.233-3 Protest After Award Aug. 1996 52.236-5 Materials and Workmanship Apr. 1984 52.236-7 Permits and Responsibilities Nov. 1991 52.236-14 Availability and Use of Utility Services Apr. 1984 52.236-17 Layout of Work Apr. 1984 52.236-26 Preconstruction Conference Feb. 1995 52.242-14 Suspension of Work Apr. 1984 52.243-5 Changes and Changed Conditions Apr. 1984 52.246-21 Warranty of Construction Mar. 1994 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Term) Apr. 1984 52.249-10 Default (Fixed-Price Construction) Apr. 1984 52.253-1 Computer Generated Forms Jan. 1991

(End of clause)

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.

(End of Clause)

452.211-73 – Attachments to Statements 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.

(End of Clause)

452.232-70 – Reimbursement for Bond Premiums--Fixed-Price Construction Contracts (Nov 1996) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

(End of clause)

452.236-72 – Use of Premises (Nov 1996)

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

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

(End of clause)

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 with materials and construction specified in the contract performance requirements.

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

(End of clause)

452.237-74 – Key Personnel (Feb 1988)

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

Project Manager: __________________________________________________________

Site Superintendent: __________________________________________________________

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

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

(End of Clause)

452.246-70 – Inspection and Acceptance (Feb 1988)

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

(b) Inspection and acceptance will be performed at:

USDA, ARS, PA, SMSBRU

CROPS Research Laboratory 1701 Centre Ave Fort Collins, CO 80526

(End of clause)

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 and conditions 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 re-inspection 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 all documentation required under this contract, and all other contract requirements have been provided to the Government.

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 Office shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

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 determined to be complete and all requisite contract deliverable (e.g. certified payroll records, operation & maintenance manuals, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

RELEASE FROM CLAIMS

As required by FAR Part 52.232-5 Payments under Fixed-Priced Construction Contracts 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:

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A. "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”.

B. Accounts and subcontractors with suppliers and subcontractors have been settled.

C. The contract work has been completed and the specifications and drawings have been complied with.

D. Final Invoice #________ has previously been submitted and paid in full.

Date: __________________________________________________________________________________

Contractor's Signature: ____________________________________________________________________

Title: __________________________________________________________________________________

PART III – LIST OF DOCUMENTS, ESHIBITS, AND OTHER ATTACHMENTS

SECTION J: LIST OF ATTACHMENTS

Attachment No. Description 1 Statement of Work 2 CRL Greenhouse As-Built Drawings 3 Revolux Product Information 4 Davis Bacon Wage Determination 5 Listing of Categories of Bio-Based Products

PART IV – REPRESENTATIONS AND INSTRUCTIONS

52.204-8 -- Annual Representations and Certifications (Jan 2016) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238390.

(2) The small business size standard is $15.0 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

_X_ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this https://www.acquisition.gov/

12 | P a g e offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

52.222-22 – Previous Contracts and Compliance Reports (FEB 1999) The offeror represents that --

(a) It __ has, __ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It __ has, __ has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)

52.225-10 – Notice of Buy American Requirement – Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-- Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material,…