S090015.doc

AG-95CV-S-09-0015

Dry rot/Siding Repair, NCGR Corvallis, OR

Contract Clauses:

Inspection and Acceptance

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, Agricultural Research Service, 3420 NW Orchard Avenue; Corvallis, OR 97330.

(End of clause)

Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 days after award of the purchase order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

452.211-74 Period of Performance (Feb 1988)

The period of performance of this contract is from the date of the notice to proceed through 60 days following the date of the Notice to Proceed.

(End of clause)

CONTRACT ADMINISTRATION

H.1 Designation of Contracting Officer’s Representative

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

H.2 Release from Claims

Provide the following paragraph with your final invoice:

The Contractor shall compile and submit a release of all claims against the Government arising under and by virtue of the purchase order, similar to the following with the final invoice or billing request:

“For and in consideration of the receipt of final payment in the amount of $_________ under and pursuant to Purchase Order No. _______________, the undersigned releases the Government from any and all obligations whatsoever arising under said purchase order.

Signed, name and title of authorized

Date representative of contractor H.3 Construction Progress and Payment Schedule Within five (5) calendar days after the date of receipt of the Notice to Proceed, 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 when used with ARS Form 372, Contractor's Request for Payment Transmittal, it will be a basis for partial payments. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the Contractor.

Samples of both ARS Form 371 and 372 are available upon request. Copies of these forms together with instructions for completion of ARS Form 371 will be mailed to the Contractor with the Notice to Proceed.

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

H.4 Payment Requests

All payment requests must be submitted on the ARS Form 372 and ARS Form 371. Column C and D of ARS Form 371 should be updated to show the dates the work was actually done. Both forms should be submitted to the Contracting Officer's Representative.

In order to process payment requests, certified weekly payrolls must also be submitted. If current payrolls have not been submitted to the Contracting Officer's Representative, the payment request will be returned.

Requests for payment should be submitted to:

USDA, Agricultural Research Service

3450 SW Campus Way

Corvallis, OR 97331

H.5 Contractor Proposed Change Orders

With each proposal involving an increase or decrease in the contract price, the Contractor shall submit a written statement of the monetary extent of a claim for equitable adjustment. As a minimum the following shall be shown in the breakdown:

a. Material quantities and unit costs

b. Labor costs broken down by trades, hours worked and hourly rate.

c. Rental or operation cost of construction equipment used exclusively on work involved in the change.

d. Labor burden, including fringe benefits, workmen's compensation, public liability insurance.

e. Overhead

f. Profit

g. FICA and FUTA Employment Taxes

h. Sales Tax (if any)

H.6 Work Hours

Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractors will not be permitted to work on Saturday, Sunday, or legal holidays unless otherwise authorized by the Contractor Officer. Request to work overtime must be submitted a minimum of two days in advance of the date on which overtime use is anticipated. The exclusion of work on Saturday, Sunday and holidays has been considered in putting the performance time of this contract. The following legal holidays are observed:

New Year's Day

1 January

Martin Luther King, Jr. birthday

3rd Monday in January

President's Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

1st Monday in September

Columbus Day

2nd Monday of October

Veterans Day

11 November

Thanksgiving Day

4th Thursday in November

Christmas Day

25 December

When one of the above designated legal holidays fall on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

H.7 Submittals and Shop Drawings

a. The Contractor shall submit for approval (4) copies of the shop drawings of all manufactured products required in the construction for which such drawings are required. Details will be provided at the pre-construction meeting.

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

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

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

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

f. The quantity of shop drawings required may be subject to change due to construction management surveillance needs and/or the complexity of the project. Quantities of shop drawings and submittals will be finalized at the preconstruction conference H.8 As-Builts Drawings and Operations and Maintenance Manuals Upon completion of the Contract, the Contractor shall submit to the Contracting Officer one (1) set of neatly marked (in red) and labeled "As-Built" drawings and shall also submit three (3) copies of each Operations and Maintenance Manuals for any and all equipment furnished and/or installed by the Contractor under this contract. Final payment shall not be made unless and until such documentation is received and accepted by the Contracting Officer.

*Contracting officer to insert number of days and location.

52.204-7

CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than

Commercial Items) (MAR 2009) 452.215-73 Postaward Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at USDA, Agricultural Research Service, 3450 SW Campus Way, Corvallis, OR, at a location determined by Tom Garbacik, Faciliies Management Specialist, 541-738-4010.

(End of clause) 52.217-5

EVALUATION OF OPTIONS (JUL 1990)

52.219-14

LIMITATIONS ON SUBCONTRACTING (DEC 1996)

52.219-28 Post-Award Small Business Program Rerepresentation. (Apr 2009)

52.222-6

DAVIS-BACON ACT. (JULY 2005)

52.222-7

WITHHOLDING OF FUNDS. (FEB 1988)

52.222-8

PAYROLLS AND BASIC RECORDS. (FEB 1988)

52.222-9

APPRENTICES AND TRAINEES. (JUL 2005)

52.222-10

COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

52.222-11

SUBCONTRACTS (LABOR STANDARDS). (JUL 2005)

52.222-12

CONTRACT TERMINATION - DEBARMENT. (FEB 1988)

52.222-13

COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS. (FEB

1988)

52.222-14

DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

52.222-15

CERTIFICATION OF ELIGIBILITY. (FEB 1988)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.225-9 Buy American Act – Construction Materials (FEB 2009)

(a) Definitions. As used in this clause -

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

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

Cost of components means -

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

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

Domestic construction material means -

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

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

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

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: none

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

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

(B) Unit of measure;

(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 Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

· Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

(End of clause) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.228-13 Alternative Payment Protections (JuL 2000)

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

Payment bond, Irrevocable letter of credit (ILC), Tripartite escrow agreement, certificates of deposit, US Bonds or notes, certified or cashier’s check, bank drafts, money order or currency.

(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) 52.236-2 Differing Site ConditionS (Apr 1984)

52.236-3 Site Investigation and ConDItions Affecting the Work (Apr 1984)

52.236-5

MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7

PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8

OTHER CONTRACTS (APR 1984)

52.236-9

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITITIES, AND IMPROVEMENTS (APR 1984)

52.236-10

OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11

USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12

CLEANING UP (APR 1984)

52.236-13 accident prevention (NOV 1991)

52.236-14

AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996)

52.242-14

SUSPENSION OF WORK (APR 1984)

52.246-21 WARRANTY OF CONSTRUCTION (APR 1984)

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): www.acqnet.gov (End of clause)

PROVISIONS:

52.204-8 Annual Representations and Certifications (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238350.

(2) The small business size standard is $14.0 million average annual receipts.

(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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 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 ORCA.

(End of provision) 52.219-19 Small Business Concern Representation for the Small Business

Competitiveness Demonstration Program. (Oct 2000)

(a) Definition. “Emerging small business” as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS) code assigned to a contracting opportunity.

(b) [Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.] The Offeror o is, o is not an emerging small business.

(c) [Complete only if the Offeror is a small business or an emerging small business, indicating its size range.] Offeror’s number of employees for the past 12 months [check this column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror’s average annual gross revenue for the last 3 fiscal years [check this column if size standard stated in solicitation is expressed in terms of annual receipts]. [Check one of the following.]

No. of Employees

Avg. Annual Gross Revenues

____ 50 or fewer

____ $1 million or less

____ 51–100

____ $1,000,001–$2 million

____ 101–250

____ $2,000,001–$3.5 million

____ 251–500

____ $3,500,001–$5 million

____ 501–750

____ $5,000,001–$10 million

____ 751–1,000

____ $10,000,001–$17 million

____ Over 1,000

____ Over $17 million

(End of provision)

52.219-20 Notice of Emerging Small Business Set-Aside (Jan 1991)

452.219-70

SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or service to be acquired under this solicitation are listed below:

Contract Line Item(s): all

NAICS Code: 238170 Size Standard $14.0 million average annual receipts

(End of provision) 52.222-22 Previous Contract and Compliance Reports (FEB 1999).

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction. (OCT 1999)

52.225-10 Notice of Buy American Act Requirement—Construction Materials (Feb 2009)

(a) Definitions. “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 Act—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 Act 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 Act 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 Act, 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, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision) 52.228-13

PLEDGE OF ASSETS (JUL 2000)

452.228-70

ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA, Agricultural Research Service.

(End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acqnet.gov (End of provision)

List of Documents, Exhibits and Other Attachments Statement of Work, specifications plus 11 photos and 1 schematic drawing 11 pages General Decision Number OR0800001 04/24/2009

25 pages