Attachment 1 SF1442 Provisions_Clauses.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1141807

USDA ARS PWA AAO ACQ/PER PROP

800 BUCHANAN STREET

ALBANY CA 94710

ARS-12905B

Spencer Hamilton spencer.hamilton@usda.gov Do not submit proposals by mail

S HAMILTON 5105596338

1x 03/28/2025

12905B25R0003

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Specifications, drawings, and other attachments.

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 270 calendar days and complete it within ________________ ________________ calendar days after receiving

04/29/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA ARS PWA AAO ACQ/PER PROP

800 BUCHANAN STREET

ALBANY CA 94710

ARS-12905B

S S. HAMILTON

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12905B25R0003

United States Department Agricultural (USDA), Agricultural Research Service (ARS), Pacific West

Area Office, Columbia Plateau Conservation

Research Center in Pendleton consists of multiple buildings. Project A modifies components of buildings 001, 003, and 011 which were constructed between 1970 and 1986. This project will replace aging mechanical and electrical equipment. The project is located at 48037 Tubbs

Ranch Road, Adams, OR 97810.

The Contractor shall provide all labor, equipment, materials, supplies, transportation and supervision performing all required work in accordance with the specifications, drawings, and other attachments for this requirement.

Department of Labor General Decision No.

OR20250089 Modification 1 dated 01/10/2025 is applicable to this Contract. Completion shall be

270 days after the Notice to Proceed.

In accordance with Federal Acquisition Regulation

(FAR) 36.204 the magnitude of this construction project is between $500,000 and $1,000,000.

Fiscal Year (FY) 2025 funding is not currently available but will be made available IAW FAR

52.232-18 -Availability of Funds.

Delivery: 270 Days After Notice to Proceed

Delivery Location Code: ARS-120426

PWA SOIL AND WATER CONSERVATION RES

48037 TUBBS RANCH ROAD

ADAMS OR 97810 US

0001 Replaces or repairs existing building systems:

boilers, fume hoods, select plumbing, select

HVAC, electrical panels, overhead doors, repair roofing.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

2 02/28/2025

RFP# 12905B25R0003 - Pendleton Building Repairs Project A (Pendleton, OR)

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 PROPOSAL SCHEDULE

In order to be considered responsive, a Proposal must propose on all items in the quantities stated in the schedule.

B.2 SCOPE OF WORK

The United States Department of Agriculture (USDA) Agricultural Research Service (ARS) requires that all labor, supervision, tools, and materials be provided for building repairs as described in attached scope documents. All work shall be performed in accordance with the terms, conditions, drawings and specifications contained in this document.

The Schedule of Items includes Optional Items, which are further described on Attachment 3 – Drawings (see page 1 – PROJECT SUMMARY box. Note that Alternates 1, 2, 3, 4, 5, 6, 7, and 8 are not in this contract).

The project is located at USDA, ARS, Columbia Plateau Conservation Research Center at 48037 Tubbs Ranch Road, Adams, OR 97810.

B.3 SCHEDULE OF ITEMS (See ATTACHMENT #2 for fillable Excel)

Contract Line-Item Number (CLIN): 0001 BASE BID Division 01 – General Requirements $ -

Division 02 – Existing Conditions $ -

Division 03 – Concrete $ -

Division 04 – Masonry $ -

Division 05 – Metals $ -

Division 06 – Wood, Plastics, and Composites $ -

Division 07 – Thermal and Moisture Protection $ -

Division 08 – Openings $ -

Division 09 – Finishes $ -

Division 10 – Specialties $ -

Division 11 – Equipment $ -

Division 12 – Furnishings $ -

Division 13 – Special Construction $ -

Division 21 – Fire Suppression $ -

Division 22 – Plumbing $ -

Division 23 – HVAC $ -

Division 25 – Integrated Automation $ -

Division 27 – Communications $ -

Division 28 – Electronic Safety and Security $ -

Division 31 – Earthwork $ -

Division 32 – Exterior Improvements $ -

Division 33 – Utilities $ -

Division 34 – Transportation $ -

TOTAL PRICE: CLIN 0001 BASE BID $ -

Contract Line-Item Number (CLIN): 1001 ALTERNATE 09

Division 02 – Existing Conditions $ -

Division 03 – Concrete $ -

Division 04 – Masonry $ -

Division 05 – Metals $ -

Division 06 – Wood, Plastics, and Composites $ -

Division 07 – Thermal and Moisture Protection $ -

Division 08 – Openings $ -

Division 09 – Finishes $ -

Division 10 – Specialties $ -

Division 11 – Equipment $ -

Division 12 – Furnishings $ -

Division 13 – Special Construction $ -

Division 21 – Fire Suppression $ -

Division 22 – Plumbing $ -

Division 23 – HVAC $ -

Division 25 – Integrated Automation $ -

Division 27 – Communications $ -

Division 28 – Electronic Safety and Security $ -

Division 31 – Earthwork $ -

Division 32 – Exterior Improvements $ -

Division 33 – Utilities $ -

TOTAL PRICE: CLIN 1001 ALTERNATE 09 $ -

Contract Line-Item Number (CLIN): 2001 ALTERNATE 10

Division 02 – Existing Conditions $ -

Division 03 – Concrete $ -

Division 04 – Masonry $ -

Division 05 – Metals $ -

Division 06 – Wood, Plastics, and Composites $ -

Division 07 – Thermal and Moisture Protection $ -

Division 08 – Openings $ -

Division 09 – Finishes $ -

Division 10 – Specialties $ -

Division 11 – Equipment $ -

Division 12 – Furnishings $ -

Division 13 – Special Construction $ -

Division 21 – Fire Suppression $ -

Division 22 – Plumbing $ -

Division 23 – HVAC $ -

Division 25 – Integrated Automation $ -

Division 27 – Communications $ -

Division 28 – Electronic Safety and Security $ -

Division 31 – Earthwork $ -

Division 32 – Exterior Improvements $ -

Division 33 – Utilities $ -

TOTAL PRICE: CLIN 2001 ALTERNATE 10 $ -

Contract Line-Item Number (CLIN): 3001 ALTERNATE 11

Division 02 – Existing Conditions $ -

Division 03 – Concrete $ -

Division 04 – Masonry $ -

Division 05 – Metals $ -

Division 06 – Wood, Plastics, and Composites $ -

Division 07 – Thermal and Moisture Protection $ -

Division 08 – Openings $ -

Division 09 – Finishes $ -

Division 10 – Specialties $ -

Division 11 – Equipment $ -

Division 12 – Furnishings $ -

Division 13 – Special Construction $ -

Division 21 – Fire Suppression $ -

Division 22 – Plumbing $ -

Division 23 – HVAC $ -

Division 25 – Integrated Automation $ -

Division 27 – Communications $ -

Division 28 – Electronic Safety and Security $ -

Division 31 – Earthwork $ -

Division 32 – Exterior Improvements $ -

Division 33 – Utilities $ -

TOTAL PRICE: CLIN 3001 ALTERNATE 11 $ -

B.4 PERIOD OF PERFORMANCE

270 calendar days after Notice to Proceed (NTP).

B.5 ADDITIONAL PROPOSAL INFORMATION

Proposals are to received no later than 5:00 p.m. Eastern Time, April 29, 2025. Proposal must be in writing and emailed to: spencer.hamilton@usda.gov. Late proposals submitted after this deadline may be considered only if it is in the government’s best interest and if it will not unduly delay award.

PROPOSAL MUST BE ANNOTATED AS SUCH AND REFERENCE THE SOLICITATION

NUMBER. 12905B25R0003

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 BONDING

Bid Guarantee: A bid guarantee is not required for proposals less than $150K.

If a proposal is above $150K, a bid guarantee is required in an amount not less than 20 percent of the proposed price but shall not exceed $3,000,000 (for proposals of $35,000 or more). Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of proposals, shall require rejection of the proposal in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) electronic versions of Bid Guarantee will be accepted. Individual sureties have to be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of offer security are acceptable as denoted in solicitation provision FAR Part 28.203-2. The cost of a Bid Guarantees will not be reimbursed.

After award, in accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $35,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25).

Payment and Performance bonds are due no later than 10 days after notification of award.

C.2 BIOBASED PRODUCTS REQUIREMENTS

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the USDA BioPreferred SM Program.

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases; biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this minor construction contract for which biobased products are available and the designated biobased content. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Adhesive and Mastic Removers – 58 percent Asphalt and Tar Removers - 80 percent Asphalt Restorers – 68 percent Carpet – 7 percent Carpet and Upholstery Cleaners – 54 percent and Spot Removers – 7 percent Composite Panels – Acoustical – 37 percent; Interior Panels – 55 percent; Plastic Lumber

– 23 percent;

Structural Interior Panels – 89 percent; Structural Wall Panels – 94 percent and

Countertops and Solid Surface -_ 89 percent Concrete and Asphalt Cleaners – 70 percent Concrete and Asphalt Release Fluids – 87 percent Dust Suppressants – 85 percent Erosion Control Materials – 77 percent Floor Coverings (Non Carpet) – 91 percent General Purpose Cleaners - 54 percent Hand Soaps and Cleaners – 64 percent Industrial Cleaners – 41 percent

Insulating Foam – 7 percent Leather, Vinyl, and Rubber Care Products – 55 percent Paint- Interior Paints and Coatings, Latex – 20 percent and Oil-based – 67 percent Paint Removers – 41 percent Roof Coatings – 20 percent Wastewater Systems Coatings – 47 percent Water Tank Coatings – 59 percent Wood and Concrete Sealers – Membrane Concrete Sealers- 11 percent and Penetrating

Liquids – 79 percent Wood and Concrete Stains – 39 percent

Reporting is required by Sections 9002 of the Food Conservation and Energy Act of 2008 and the Agricultural Act of 2014. The Contractor shall provide quantities, product types and dollar value of any USDA-designated biobased product purchased by the Contractor. This important data shall be submitted to the COR for the current quarter and current contract year. A brief explanation shall include the methodology used to calculate the dollar value of USDA-designated products used or supplied.

The Contractor should also note that USDA-designated biobased products are available for purchase through the AbilityOne Program (formerly known as the Javits- Wagner-O’Day (JWOD) Program). Under this program, members of organizations including the National Industries for the Blind (NIB) and the National Institute for the Severely Disabled (SourceAmerica) offer products and services that are mandatory by Federal agencies. A search of the AbilityOne Program’s online catalog (www.ability.gov) indicated biobased products that include but are not limited to: cleaners (glass, hand, and multipurpose), graffiti removers, and sorbents.

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

C.3 PERMITS AND LICENSES

Pursuant to FAR 52.236-7 Permits and Responsibilities, the Contractor shall obtain all required permits, licenses, and authorizations to perform work under this contract and comply with all the applicable Federal, state, and local laws and regulations.

C.4 DIRECTIVES, INSTRUCTIONS AND REFERENCES

Only the Contracting Officer shall issue directives/instructions defining the roles and responsibilities and appointment of a Contracting Officer Representative (COR); Location Monitor (LM); Project Manager (PM); Occupational Health & Safety Manager and/or any other functional appointment as deemed necessary for the scope of work.

C.5 WORK MANAGEMENT

The Contractor shall manage the total work effort associated with the services required in each task order to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

C.6 SERVICE INTERRUPTIONS/UTILITY OUTAGES

If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer Representative ten calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor shall notify the Contracting Officer Representative as soon as practicable.

At a minimum, include the location of the outage, utilities being affected, duration of outage and any necessary sketches. Once approved, and prior to beginning work on the utility system requiring shut down, attend a pre-outage coordination meeting with the Contracting Officer to review the scope of work and the lock-out/tag-out procedures for worker protection. No work will be performed on energized electrical circuits unless proof is provided that no other means exist.

C.7 EMPLOYEE REQUIREMENTS

The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each contract.

C.8 OSHA COMPLIANCE

Contractor must maintain a workplace and ensure that workplace conditions conform to applicable OSHA standards.

C.09 EMPLOYEE CONDUCT/REMOVAL OF EMPLOYEES

Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of Agricultural Research Service.

C.10 MAGNITUDE OF CONSTRUCTION PROJECT

Between $500,000 and $1,000,000.

SECTION D - PACKAGING AND MARKING

D.1 FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52-252-2)

FAR NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

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

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

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

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 determined to be complete and all requisite contract deliverables (e.g., certified payroll records, 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.

SECTION F - DELIVERIES OR PERFORMANCE

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

FAR CLAUSE TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR

52.211-10), ALT I (APR 1984)

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 10 calendar days after award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer shall designate the Contracting Officer's Representative (COR) at the time of contract award, if one is required. The Contractor will be notified by letter of the name and duties of the COR if a COR is designated.

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Owner's use of completed portions of work.

(2) Provide submittals required by governing authorities.

(b) Cleaning:

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

(2) Reference other specification sections for additional specific work.

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

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

a. Clean all sight-exposed surfaces.

b. Leave project clean and ready for occupancy or use.

c. All floors are to be broom and wet-mop cleaned.

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

(c) Project Record Drawings:

(1) Maintain documents in clean, dry, legible condition.

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

(3) Label each document "Project Record."

(4) Keep record documents current.

(5) Do not conceal work until required information has been recorded.

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

(d) Operating and Maintenance Manuals:

(1) System Demonstration

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

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

(2) Warranties and Bonds:

a. Submit warranties and maintenance bonds prior to final application for payment.

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

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

G.3 AS-BUILT DRAWINGS

If required by the SOW, on completion of work, one set of paper specifications and one print and one plastic reproducible of each of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO.

Where a choice of materials and/or methods is permitted, the as-built drawings shall define 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.

The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducible, 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 Area Office Engineer.

G.4 RELEASE FROM CLAIMS

The Contractor shall complete 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/billing request:

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

Name, Title, and Signature of Contractor DATE

G.5 SUMMARY SHEET FORMAT

DATE

PROJECT LOCATION

CONTRACT NUMBER CONTRACTOR

CHANGE ORDER NO. DESCRIPTION

PRIME CONTRACTOR'S WORK

No. Item Percentage Amount 1 Direct Materials $ 2 Sales Tax on Materials % $ 3 Direct Labor $ 4 Insurance, Taxes, and Fringe Benefits % $ 5 Rental Equipment $ 6 Sales Tax – Rental Equipment % $ 7 Subtotal (lines 1-6) $ 8 Overhead % $ 9 Subtotal (add lines 7 and 8) $

10 Direct Materials $ 11 Sales Tax on Materials % $ 12 Direct Labor $ 13 Insurance, Taxes, and Fringe Benefits % $ 14 Rental Equipment $ 15 Sales Tax – Rental Equipment % $ 16 Subtotal (lines 10-15) $ 17 Overhead % $ 18 Subtotal (add lines 16-17) $ 19 Profit % $ 20 Subtotal (add lines 18-19) $

SUMMARY

21 Prime’s Work (from line 9) $ 22 Sub’s Work (from line 20) $ 23 Subtotal (add lines 21-22) $ 24 Prime’s Overhead on Sub % $ 25 Prime’s Profit % $ 26 Subtotal (add lines 23-25) $ 27 Prime’s Bond Premium % $ 28 TOTAL Cost $

Estimated time extension (if any and justification):

Signature and Title of Preparer Date

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL

SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30

PERCENT. FOR PRIME CONTRACTORS WORK ONLY, THE CUMULATIVE TOTAL

FOR OVERHEAD AND PROFIT SHALL NOT EXCEED 20 %.

G.6 INVOICE PREPARATION AND SUBMISSION

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

Email: spencer.hamilton@usda.gov

The contractor shall include the following information on each invoice in order to be considered a proper invoice:

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

5. Name, title, phone number, and complete mailing address of official to whom payment is to be sent.

6. Name, title, phone number, and complete mailing address of person to notify in the event of a defective invoice.

7. Taxpayer Identification Number (TIN) and SAM Unique Entity ID Number.

8. Invoices must be submitted along with certified payroll records, Contractor certification, and updated CPM Schedule.

Once the paper invoice has been approved by the Contracting Officer, the Contractor shall submit the invoice electronically through the U.S. Department of Treasury Invoice Processing Platform (IPP) at www.ipp.gov. This is a mandatory requirement.

G.7 MODIFICATION FOR CONTRACT CLOSEOUT AGAR 452.204.70 (DEVIATION

JUNE 2024)

“Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation.

The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and/or Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms.

If the bilateral modification and Release of Claims are not returned to the CO within 120 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

(End of clause)

G.8 POSTAWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

If a post award conference with the successful offeror is required. It will be scheduled as soon as is feasible after the date of contract award. The conference will be held either at the location of the work or via teleconference.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

N/A

H.2 Schedules for Construction Contracts (FAR 52.236-15) (APR 1984)

(a) The Contractor shall, within five 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 three copies of 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 three copies of 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.

(End of clause)

H.3 SUBMITTALS AND SHOP DRAWINGS

a. The Contractor shall submit for approval, two (2) copies (minimally) of shop drawings of all manufactured products required in the construction for which such drawings are required. When approved, the Government will forward one set to the Contracting Officer's Representative (COR), and one set to the Contractor. If the Contractor requires more than one approved set, additional copies of this document must be forwarded in the number needed.

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

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

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 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 purchase order.

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.4 AS-BUILT DRAWINGS AND OPERATIONS AND MAINTENANCE MANUALS

If As-Builts are required by the SOW, upon completion of the Contract, the Contractor shall submit to the Contracting Officer two (2) sets 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.

H.5 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 three (3) days 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.

H.6 LIST OF MATERIALS

(a) The Contractor shall submit for approval a complete list, in electronic form, 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/SOW, 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.

Section heading of the specifications under which material is specified.

Manufacturer’s name and address.

Grade, type, trade or catalog number.

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, 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. Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

H.7 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.

H.8 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance–-Work on a Government Installation, is in full compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government’s rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government’s rights, the Contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the Contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes and laws. The Contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the Contractor.

For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the Contractor.

This liability and responsibility includes the activities of all the Contractor’s personnel, their subcontractors and suppliers.

H.9 ENERGY EFFICIENCY

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.”

SECTION I – CONTRACT CLAUSES

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

52.202-1 Definitions Jun-2020 52.203-3 Gratuities Apr-1984 52.203-5 Covenant Against Contingent Fees May-2014 52.203-6 Restrictions on Subcontractor Sales to the Government Jun-2020 52.203-7 Anti-Kickback Procedures Jun -2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity May-2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May-2014 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions Jun-2020

52.203-17 Contractor Employee Whistleblower Rights Nov-2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements Jan-2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan-2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards Jun-2020

52.204-13 System for Award Management Maintenance Oct-2018 52.204-14 Service Contract Reporting Requirements Oct-2016

52.204-18 Commercial and Government Entity Code Maintenance Aug-2020

52.204-19 Incorporation by Reference of Representations and Certifications

Dec-2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

Dec-2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Nov-2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun-2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Jan-2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Oct-2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov-2015

52.215-2 Audit and Records-Negotiation Jun-2020 52.215-8 Order of Precedence-Uniform Contract Format Oct-1997 52.219-6 Notice of Total Small Business Set-Aside Nov-2020 52.219-8 Utilization of Small Business Concerns Jan-2025 52.219-28 Post-Award Small Business Program Representation Jan-2025 52.222-4 Contract Work Hours and Safety Standards -Overtime

Compensation May-2018

52.222-6 Construction Wage Rate Requirements Aug-2018 52.222-7 Withholding of Funds May-2014 52.222-8 Payrolls and Basic Records Jul-2021 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 52.222-21 Prohibition of Segregated Facilities Apr-2015 52.222-26 Equal Opportunity Sep-2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr-2015

52.222-35 Equal Opportunity for Veterans Jun-2020

52.222-36 Equal Opportunity for Workers with Disabilities Jun-2020

52.222-37 Employment Reports on Veterans Jun-2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

Dec-2010

52.222-50 Combating Trafficking in Persons Nov-2021

52.222-54 Employment Eligibility Verification Jan-2025

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

Jan-2022

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan-2022

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

May-2024

52.223-3 Hazardous Material Identification and Material Safety Data Alt. I (July 1995)

Feb-2021

52.223-5 Pollution Prevention and Right-To-Know Information May-2024 52.223-21 Foams May-2024 52.225-13 Restrictions on Certain Foreign Purchases Feb-2021 52.223-23 Sustainable Products and Services May-2024 52.226-7 Drug-Free Workplace May-2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving May-2024

52.227-1 Authorization and Consent Jun-2020 52.227-4 Patent Indemnity-Construction Contracts Dec-2007 52.228-2 Additional Bond Security Oct-1997 52.228-5 Insurance-Work on a Government Installation Jan-1997 52.228-11 Individual Surety—Pledge of Assets Feb-2021 52.228-12 Prospective Subcontractors Requests for Bonds May-2014 52.228-13 Alternative Payment Protections Jul-2000 52.228-14 Irrevocable Letter of Credit Nov-2014 52.228-15 Performance and Payment Bonds-Construction Jun-2020 52.228-17 Individual Surety—Pledge of Assets (Bid Guarantee) Feb-2021 52.229-3 Federal, State, and Local Taxes Feb-2013 52.232-5 Payments Under Fixed-Price Construction Contracts May-2014 52.232-17 Interest May-2014 52.232-23 Assignment of Claims May-2014 52.232-27 Prompt Payment for Construction Contracts Jan-2017 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management Oct-2018

52.232-39 Unenforceability of Unauthorized Obligations Jun-2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Mar-2023

52.233-1 Disputes Alternate I Dec-1991 52.233-3 Protest after Award Aug-1996 52.233-4 Applicable Law for Breach of Contract Claim Oct-2004 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, Utilities, 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 52.236-17 Layout of Work Apr-1984 52.236-21 Specifications and Drawings for Construction-Alt I Apr-1984 52.236-26 Preconstruction Conference Feb-1995 52.236-28 Preparation of Proposals-Construction Oct-1997 52.242-13 Bankruptcy Jul-1995 52.242-14 Suspension of Work Apr-1984 52.243-4 Changes June 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services Jan-2025

52.245-1 Government Property Sep-2021 52.246-21 Warranty of Construction Mar-1994 52.248-3 Value Engineering-Construction Oct-2020 52.249-2 Termination for Convenience of the Government (Fixed-

Price)-Alt 1 Sept 1996

52.249-10 Default (Fixed-Price Construction) Apr-1984 52.253-1 Computer Generated Forms Jan-1991

Note: In addition to the requirements of FAR 52.223-2; The contractor shall report to the environmental point of contact, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the contractor during the previous fiscal year.

• The report must be submitted no later than October 31 of each year during contract performance and at the end of contract performance.

• The environmental point of contact for all USDA Agencies is:

Karen Zhang Karen.Zhang@dm.usda.gov Phone: 202-401-4747

• Biobased reporting shall completed by following the instructions provided in the System for Award Management (SAM).

I.2 BUY AMERICAN - CONSTRUCTION MATERIALS (FAR 52.225-9) (OCT 2022)

(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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…