Attachment I RFQ Construction Provisions and Clauses.pdf

RFQ # 12905B21Q0029 – External Windows Reseal

USDA-ARS-PWA 5230 Konnowac Pass Road, Wapato, WA 98951

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 QUOTE SCHEDULE

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

B.2 SCOPE OF WORK

The USDA ARS requires that all labor, supervision, tools, and materials be provided to reseal external windows at USDA-ARS-PWA 5230 Konnowac Pass Road, Wapato, WA 98951. All work shall be performed in accordance with the terms, conditions, drawings and specifications contained in this document.

B.3 SCHEDULE OF ITEMS

CLIN # Description Price/Cost

01 Reseal wall windows, greenhouse windows, and main hallway windows

B.4 PERIOD OF PERFORMANCE

60 calendar days after notice to proceed.

B.5 ADDITIONAL QUOTER INFORMATION

Quote MUST be received no later than 1:00 p.m. Pacific Time, Monday June 28, 2021. Quote must be in writing and emailed to: lam.pham@usda.gov

Quote MUST BE ANNOTATED AS SUCH AND REFERENCE THE SOLICITATION

NUMBER. Please include a detailed breakdown of price with various cost elements (e.g.

materials, sub-costs, controllers, etc.).

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (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.

mailto:lam.pham@usda.gov

C.2 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR

452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.3 BONDING

Bid Guarantee: A bid guarantee is not required for quotes less than $250K.

If a quote is above $250K, 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 quotes 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 quotes, shall require rejection of the quote 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.4 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.5 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.6 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.7 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.8 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 http://www.biopreferred.gov/ will be performed on energized electrical circuits unless proof is provided that no other means exist.

C.9 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.10 OSHA COMPLIANCE

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

C.11 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.

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 (52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://acquisition.gov

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

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

http://acquisition.gov/

(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 will be performed at:

USDA-ARS-PWA

5230 Konnowac Pass Road

Wapato, WA 98951

Acceptance will be performed at: See (b) above.

E.3 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.4 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) (FEB 1998)

they were given in full text. Upon request the Contracting Officer will make their full text

52.236-15 SCHEDULES FOR CONSTRUCTION APR 1984

CONTRACTS

52.242-14 SUSPENSION OF WORK APR 1984

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

52.211-10) (APR 1984)

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

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 SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes and Changed Conditions Clause (FAR 52.243-5), as applicable, are supplemented as follows:

a) The contractor shall provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The request shall be in sufficient detail that will enable the Government to determine the reasonableness of the contractor's and subcontractor's cost to do the change. As a minimum, the following shall be shown:

1. Material quantities and unit prices;

2. Labor costs (broken down by trades, hours worked, and hourly rate);

3. Labor burden (Fringe Benefits, Workmen's Compensation, and Public Liability Insurance);

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any).

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

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

d) Following (G.6) is a sample format for showing related costs as a result of a change order. A similar sheet shall accompany each written detailed cost breakdown. The sample format is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

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: lam.pham@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 DUNS 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 SUMMARY SHEET FORMAT

DATE

PROJECT LOCATION

CONTRACT NUMBER CONTRACTOR

CHANGE ORDER NO. DESCRIPTION

PRIME CONTRACTOR'S WORK

mailto:lam.pham@usda.gov http://www.ipp.gov/

SUMMARY

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 7-8)

% of line 1

% of line 3

% of line 5

% of line 7

SUBCONTRACTOR=S WORK

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)

% of line 10

% of line 12

% of line 14

% of line 16

% of line 18

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 %.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

N/A

H.2 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

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 the campsite or trailer parking area of any employee working on the project for the

Contractor.

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

21. Primes Work (from line 9) $

22. Subs Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Primes Overhead on Sub % of line 16 $

25. Primes Profit % of line 16 $

26. SUBTOTAL (add lines 23-25) $

27. Primes Bond Premium % of line 26 $

28. TOTAL Cost $

H.3 MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (AGAR 452.236-75)

(NOV 1996)

Within 10 (ten) calendar days after receipt of a written request from the Contracting Officer, the

Contractor must submit the following information in writing for approval:

A schedule as required by FAR clause 52.236-15, "Schedules for Construction Contracts" and

The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work. The maximum workweek that will be approved is 7:00 a.m. to

3:30 p.m., Mon. thru Fri., excluding Federal holidays.

MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

The following applies to all work performed on Government-owned property:

(a) Listed below are official Government holidays:

New Year’s Day January 1*

Martin L. King Birthday Third Monday in January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4*

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11*

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25*

*In accordance with Federal regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, holiday will be observed on Monday.

The contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security, Government identified emergency health and safety evacuation, etc.

(b) SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has been issued for the area in which construction is being performed, the contractor shall immediately take action to tie down, or otherwise secure structures, materials, and equipment on the job site that could become airborne as a result of strong winds, thunderstorms, rain or other weather related conditions, including protection from extreme or extended periods of cold or heat. These requirements are applicable 24 hours a day, 7 days a week.

(c) WORK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, he shall submit a written request to the

CO/COR 5 working days in advance to allow ample time for approval or disapproval and to enable satisfactory arrangements to be made for security, safety, and inspecting the work progress.

In cases where the contractor receives approval to work outside of normal working hours for his convenience, cost incurred by the contractor for overtime and additional cost incurred by the

Government for services including inspection costs shall be borne by the contractor.

H.4 KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: NONE

(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.

H.5 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), one set to the Construction Manager (CM), 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 0rder 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.6 CHANGE ORDERS OVER $3,000

The Contractor shall submit a written statement to the Contracting Officer of the monetary extent of a claim for equitable adjustment with each request involving an increase or decrease in the purchase order price for any change order. Submit an itemized cost breakdown to show all increases or decreases in order for the Government to properly evaluate the reasonableness of all items. At a minimum, submit the following:

a. Material quantities and unit costs

b. Labor costs broken down by trades, hours to be worked, and hourly rates

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

d. Labor burden (i.e., fringe benefits, Workers Compensation, Insurance, etc.)

e. Overhead

f. Profit

g. FICA and FUTA taxes

h. Sales tax (if any)

H.7 INVOICES

Invoices shall be submitted to the attention of the Contracting Officer Representative who will forward them to the Contracting Officer. Invoices shall contain, at a minimum, the name of the

Company; Purchase Order Number; description of services, price for such services actually rendered; shipping and payment terms; and name (where practicable), title, phone number and complete mailing address of responsible official to whom payment is to be sent. In order for invoices to be processed, certified payroll records must have been received by the Contracting

Officer for the period being invoiced. NO INVOICES WILL BE PROCESSED UNLESS

CURRENT CERTIFIED PAYROLL RECORDS ARE ON FILE WITH THE CONTRACTING

OFFICER IN ACCORDANCE WITH THE CONSTRUCTION WAGE RATE

REQUIREMENTS. All invoices will be returned to the Contractor without payment action until payroll records are received by the Contracting Officer. The final invoice shall include a Release of Claims Form as shown in Section G.4 of the contract.

H.8 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.9 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.10 LIST OF MATERIALS

(a) The Contractor shall submit for approval a complete list, in duplicate, 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.

• 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.11 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.12 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.13 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

Any subcontractors, outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified at time of award or agreed upon during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these individuals or firms.

H.14 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) (FEB 1998)

FAR CLAUSE TITLE DATE

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

52.204-18 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 or Provided by Kaspersky Lab and Other Covered

Entities

Jul-2018

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Surveillance Services or

Equipment

Aug-2020

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

Oct-2015

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Nov-2015

52.219-6 Notice of Total Small Business Set-Aside Mar-2020

52.219-28 Post-Award Small Business Program Representation May-2020

52.222-3 Convict Labor Jun-2003

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 Aug-2018

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

52.222-20 Contracts for Materials, Supplies, Articles and Equipment Jun-2020

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

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

52.222-50 Combating Trafficking in Persons Oct-2020

52.222-55 Minimum Wages Under Executive Order 13658 Nov-2020

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan-2017

52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

Sep-2013

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-2011

52.223-6 Drug-Free Workplace May-2001

52.223-11 Ozone-Depleting and Global Warming Potential

Hydrofluorocarbons

Jun-2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners

Jun-2016

52.223-17 Affirmative Procurement of EPA-designated Items in

Service and Construction Contracts

Aug-2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving

Jun-2020

52.223-20 Aerosols Jun-2016

52.223-21 Foams Jun-2016

52.225-13 Restrictions on Certain Foreign Purchases Feb-2021

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

52.232-5 Payments Under Fixed-Price Construction Contracts 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

Apr-2020

52.233-1 Disputes (Alt. 1) (Dec 1991) May-2014

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 Feb-1997

52.236-26 Preconstruction Conference Feb-1995

52.243-5 Changes and Changed Conditions Jun-2007

52.244-6 Subcontracts for Commercial Items Aug-2020

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)

Apr-2012

52.249-10 Default (Fixed-Price Construction) Apr-1984

52.253-1 Computer Generated Forms Jun-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 complete by following the instructions provided in the System for

Award Management (SAM).

I.2 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

SURVEILLANCE SERVICES OR EQUIPMENT (FAR 52.204-24) (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or https://www.sam.gov/

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered…