RFP - 12305B24R0003.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)

1113998

USDA ARS PA AAO ACQ/PER PROP

2150 CENTRE AVENUE

BLDG D, SUITE 300

FORT COLLINS CO 80526

ARS-12805B

AMBER SAMPSON 970-492-7031

1x 12/14/2023

12305B24R0003

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

A. Project Title: Mechanical, Electrical, Plumbing (MEP) BARC IDIQ

B. Competition is set aside for total small business. Applicable NAICS code is

238220 Plumbing, Heating, and Air-Conditioning Contractors.

C. In accordance with Federal Acquisition Regulation (FAR) 36.204 the magnitude of this construction project is over $10,000,000.00

D. Prospective offerors shall complete block 14, 15, 19, and 20.

E. Prospective offerors shall be registered with Systems for Awards Management(SAM) with an active registration.

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 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Period of Performance

01/14/2024

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 PA AAO ACQ/PER PROP

2150 CENTRE AVENUE

BLDG D, SUITE 300

FORT COLLINS CO 80526

ARS-12805B

JOSHUA A. KEADLE

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 65

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12305B24R0003

Delivery: 01/02/2029

Delivery Location Code: ARS-1231B7

NEA NATIONAL ARBORETUM

3501 NEW YORK AVENUE NE

WASHINGTON DC 20002 US

0001 Mechanical, Electrical, Plumbing (MEP)

Construction IDIQ for BARC

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 12305B24R0003

MEP BARC IDIQ

Table of Contents

SECTION B - Supplies or Services and Prices/Costs Schedule of Items Clauses

SECTION C - Description/Specifications/Statement of Work Clauses

SECTION D - Packaging and Marking Clauses

SECTION E - Inspection and Acceptance Clauses

SECTION F - Deliveries or Performance Clauses

SECTION G - Contract Administration Data Clauses

SECTION H - Special Contract Requirements Clauses

SECTION I - Contract Clauses/Provisions Clauses/Provisions

SECTION J - List of Documents, Exhibits, and Other Attachments Provisions

SECTION K - Representations, Certifications, and Other Statements of Offerors Provisions

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents Provisions

SECTION M - Evaluation Factors for Award

Part I – Contract-Specific Qualifications

SECTION B - Supplies or Services and Prices/Costs Clauses

B.1 SCOPE OF CONTRACT

The U. S. Department of Agriculture (USDA), Agricultural Research Service (ARS) has a requirement for a single award Indefinite Quantity Contract (IQC) to provide Mechanical, Electrical, and Plumbing (MEP) for repair and maintenance, alteration, and/or new Modernization construction projects for its Beltsville Agriculture Research Center (BARC) and Arboretum facilities located Beltsville, MD and Washington, D.C. Specific requirements will be incorporated into individual task orders.

B.2 MINIMUM GUARANTEE

The Government will obligate the minimum guarantee of $2,000.00 with the first task order issued against this contract, as the minimum for the entire contract period, if exercised. Minimum and Maximum ordering limits shall be in accordance with Federal Acquisition Regulation (FAR) 52.216-19, Order Limitations. The estimated CLIN quantities are not guaranteed but are realistic expectations based on past allocations and future projected funding allocations. The quantities specified in the Schedule are estimates only and are not purchased by this contract. If the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

B.3 PRICE SCHEDULE

Item No. Description Price/Cost 0001 Five Year Order Period Mechanical, Electrical, Plumbing $

B.4 PERIOD OF PERFORMANCE

This single award IQC contract will be for one (1) five-year ordering period, February 3, 2024 to February 2, 2029.

SECTION C - Description/Specifications/Statement of Work Clauses

C.1 DESCRIPTION OF WORK

Reference Section J, Attachment 2 Scope of Work. The geographical limitations of this contract include BARC campus and the Arboretum. The Contractor shall provide all labor, supervision, equipment, and materials in accordance with the requirements of this contract to perform all operations in connection with the construction program for Mechanical, Electrical and Plumbing (MEP). ARS’s mission is to satisfy the individual requirements of this diverse client base, but also consider solutions that may result in increased efficiencies and potential cost savings for the USDA at large.

Through the use of this single award Indefinite Quantity Contract (IQC) vehicle ARS will have the ability to execute a broad range of MEP maintenance, repair or minor construction for the BARC campus and the Arboretum. Task Orders issued under this IQC will possibly stem from partial designs, or as specified and will be accompanied by a specific Task Order Scope of Work (SOW). All work performed shall be in accordance with industrial and commercial codes/standards.

C.1.1 Contract shall provide design, construction, repair, alteration, environmental remediation and maintenance services for MEP projects by means of an Indefinite Quantity Contract (IQC).

The IQC contract shall be for five (5) years, for a total of sixty (60) months. Performance shall be ordered through the issuance of individual Task Orders, through the process defined in C.2.

C.1.2 Contract Pricing Structure. The contract pricing will consist of two components:

1) Direct Labor (C.1.2.1)

2) Equipment/Materials (C.1.2.2)

C.1.2.1 Firm Fixed Price (FFP) Fully Burdened Labor Rates The Contractor shall provide competitive Firm Fixed Price fully burdened labor rates for all Direct Labor Categories identified in Attachment 1 Bid Schedule. This fully burdened labor rate will be applied to all direct labor hour associated with Task Order Request for Proposals. Task order proposals shall only contain hours for direct labor only, all other associated labor costs shall be encompassed in the fully burdened labor rates. All task order proposals shall be limited to itemized labor hour break out through Microsoft excel format, with the FFP fully burdened labor rates applied for each category of labor class utilized for the task order. The competitive fully burdened labor rates will be the sole labor rate allowed under this contract vehicle, regardless of the Contractors actual expenses incurred.

The Fully Burdened Labor Rates shall include the following, but not limited to: Home Office, General and Administrative, Office Space, Office Equipment, Office and Management Personnel, Office Supplies, Employee Transportation, Insurance, Project Management, Profit, Financing Costs, Business Risks, Permits and Filings, Personal Protective Equipment, Taxes, and all other associated cost not allowed by the Task Order cost proposal. Site Superintendent productive hours are the only allowable management hours placed into Task Order proposal costs, all other management costs shall be rolled into Fully Burdened Labor Rates. Contractor shall account for potential subcontractor cost into the Fully Burdened Labor Rate, there will be no adjustments to the competitive rates established at time of award.

C.1.2.2 Equipment and Materials Overhead and Profit Rate.

The Contractor shall provide a competitive Overhead and Profit rate applied to all materials and equipment, as part of the Attachment 1 Bid Schedule. This rate shall be applied to equipment and materials cost associated with Task Order Request for Proposals. Task Order proposals shall provide cost only, with the Overhead and Profit Rate applied to the actual costs. At no time, should the Contractor propose mark ups, profit or overhead to the proposed equipment/materials cost of potential Task Orders. All Task Order proposal pricing shall be limited to an itemized “actual” cost break out through Microsoft Excel format, with the fixed Overhead and Profit Rate applied to the overall cost of equipment/materials to each Task Order.

The Equipment/materials Overhead and Profit rate shall include the following, but not limited to:

Home Office, General and Administrative, Office Space, Office Equipment, Office and Management Personnel, Office Supplies, Employee Transportation, Insurance, Project Management, Profit, Financing Costs, Business Risks, Permits and Filings, Personal Protective Equipment, Taxes, and all other associated cost not allowed by the Task Order cost proposal.

C.2 Request for Task Order Proposal (RTOP) Process

C.2.1 Ordering Period.

The ordering period is identified in C.1.1, one five (5) year ordering period, for a total of sixty

(60) months.

C.2.2 Period of Performance for Task Orders.

Each task order shall have an identified period of performance factoring in such conditions as the amount of design effort required, seasonal aspects and construction considerations. No task orders shall be issued beyond the last day of the ordering period of the contract.

C.2.3 Authority to place Task Orders.

The Northeast Area Administrative Office (NEAAO) is delegated authority to award and administer task orders under this single award IQC. The ARS Procurement Contracting Officer (PCO) reserves the right to delegate this authority to other Contracting Officers within the NEAAO. The Contracting Officer (CO) is an agent of the Government and the only official authorized to enter into a contract or binding agreement for the Government. Any change to the contract will be made in writing via contract modification by the Contracting Officer. The Contract Administrator/Specialist/Buyer is the person responsible for administering this contract and reports to the CO, if other than the CO. Government representatives other than the CO are not authorized to take any action that alters the contract.

C.2.3.1 Task Order Contracting Officers.

The Task Order Contracting Officer is responsible for serving as the contracting focal point for coordination and awarding the task order for the end user; ensure the task order requirements are within the contract scope; preparing any required Contract Performance Assessment Reporting System (CPARS) evaluations; execute any required task order modifications; perform any administrative or action associated with the issued task order; and perform any potential required task order close outs.

C.2.3.2 Task Order Contracting Officer’s Representative The Task Order Contracting Officer shall appoint any required Contracting Officer Representative (COR) in accordance with the thresholds identified in the REE Acquisition Manual. The COR will define requirements; accomplish day-to-day surveillance of contractor performance; review invoices; submit any required CPARS evaluations. The Task Order Contracting Officer shall ensure the COR is certified through the FAITAS and IAS software

C.2.4 Task Order Statement of Work.

The task order Statement of Work (SOW) shall identify the entire need and address those needs with statements describing the required design and construction in terms of output. The requirements should be stated in clear, concise, easily understood, and measurable terms.

Requirements may allow the contractor latitude to work in a manner suited for innovation and creativity (within industry standards). At a minimum, the SOW should address the work performed, location of the work, period of performance, Notice to Proceed (NTP), performance and payment bonds, schedules, applicable standards, acceptable criteria, drawings and specifications, and any special requirements.

C.2.5 Funding.

Contract funding shall be authorized at the Task Order level and shall be the type deemed appropriate for the construction project intended. No unfunded task orders are authorized. The funding required to satisfy the guaranteed minimum shall be satisfied by issuing the first task order to obligate the guaranteed minimum. Contractors shall only invoice for the guaranteed minimum if they do not receive a task order during the first year of the five year ordering period.

** Note that potentially the majority of task orders could be issued in the 4th (final) quarter of the fiscal year (1 July- 30 September) when funding is readily available. Contractor shall prepare for the possibility of a larger workload in the 4th quarter**

C.2.6 Task Order Types The single award MEP IQC contract shall issue firm-fixed-price (FFP) task orders. Task Orders will be awarded in accordance with FAR 16.505 Ordering.

C.2.7 Ordering Limitations.

The Government’s guaranteed minimum obligation under this contract is $2,000. The minimum task order amount for MEP construction covered by this contract shall not be an amount less than $2,000. The Government is not obligated to purchase, nor is the Contractor obligated to furnish requirements for less than this amount per FAR 52.216-19 Order Limitations. The maximum order the contractor is obligated to honor is (1) Any single Task Order in excess of $2,500,000;

(2) Any Task Order for combination of items in excess of $4,900,000; or (3) A series of Task Orders issued within 15 days that together call for the quantities exceeding the limitation in (1) or (2).

C.2.8 Request for Task Order Proposal.

The Task Order Contracting Officer shall solicit a response for MEP requirements in written format. A Request for Task Order Proposal (RTOP) should be prepared and issued for each task order requirement in writing. The RTOP and supporting documents should clearly define the following: the requirement; instructions for completing a response to the request; additional clauses/provisions unique to the task order; period of performance; CLIN structure.

The RTOP for construction work may require further scope development by an onsite visit or the Government will provide the detailed design specifications. The contractor may be required to provide narrative, sketches, material catalogs cut sheets, and quantity take-take off with proposal to ensure a common understanding. Any discussions or clarifications regarding the scope definition or specification does not bind the Government, unless incorporated into the specification by amendment to the RTOP or formal modification to the task order. Contractor may be required to secure Architect-Engineering Support on projects as part of the RTOP process to include the following, but not limited to: site investigations, design criteria development, construction drawings, field surveys, reports or computer aided drafting. In addition, the Contractor may be required to provide drawings sealed by a Professional Engineer registered in the State in which the work will occur on a task order basis. Task orders will include the Construction Wage Rates Requirements (CWRR) Determination for the location of the work to be performed. The NAICS Code authorized for use in task order issued against this contract shall be 238220 Plumbing, Heating, and Air-Conditioning Contractors. Multiple task orders may be awarded with similar completion dates and overlapping schedules.

The contractor shall respond within 3 calendar days after receipt of RTOP by scheduling a site visit, if required by the Government. Contractor representative shall attend a site visit if required by the Government. RTOP responses are due within 15 calendar days from receipt of issuance or as agreed upon by the Contracting Officer approval. The proposal shall be supported by necessary documentation to indicate that adequate planning to accomplish the requirement has been done.

Examples of documentation might reasonably expected could include, but not limited to: cover letter, cost estimate with all supporting documentation, profit and overhead, RS Means work sheets, construction drawings, calculations, cut sheets, specifications, architected renderings, schedule, mobilization, submittals, material lead times, performance, phasing, etc.

Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness and reasonableness. The Task Order Contracting Officer will arrange with the contractor to discuss the scope of all items and to negotiate any proposal aspects (cost, performance time, etc). Upon completion of task order negotiations, the Task Order Contracting Officer will issue a SF1442 Task Order to the Contractor. The Government will complete a memorandum of negotiations for the contract file. In the event that the Government and the Contractor fail to agree (in whole or in part), on any line item quantities, or items, a Firm-Fixed- Price task order may be issued unilaterally by the Government. The Contractor shall proceed with work, during or after performance the Contractor may seek resolution in accordance with the FAR. If the Government and the Contractor cannot agree upon a period of performance for the Task Order, the Contracting Officer shall make the final determination of allowable work days. If the Government and the Contractor fail to come to an agreement on a reasonable cost, it is the sole discretion of the Government that they may procure the requirement from another contract vehicle or method.

Please see Attachment 3 Request for Task Order Proposal (Example), to view the sample RTOP for issuance on each task order.

C.2.9 Task Order Pricing Task Order pricing will be based upon the Firm Fixed Price (FFP) Fully Burdened Labor Rates (C1.2.1) and Competitive Overhead and Profit Rate for Materials/Equipment (C.1.2.2) established on the base contract. The Contractor shall provide, at a minimum, single detailed excel sheet documenting all proposed cost for the task order requirement. The excel sheet shall break out all major components and cost, to allow for proper negotiation. The Contractor shall apply the Fully Burdened Labor Rates and Competitive Overhead and Profit Rate for Materials/Equipment from the base contract to the Task Order costs. The rates are NOT negotiable, as they are established on competitive basis for the life of the base contract.

The Government and the Contractor will negotiate (but not limited to) the labor mix, quantity of productive hours, materials to be utilized, and material costs. The Contractor shall provide at least two (2) competitive quotes to demonstrate the best value on materials, etc., unless waived by the Contracting Officer or proprietary items. The Contractor shall provide all the required supporting documents used to justify the Contractors cost for the task order proposal.

C.2.10 Bonding Requirements Performance and Payment Bonds will be required for the total IDIQ based on the minimum quantity of task orders issued. As orders are issued, the type and amount of bonding shall be adjusted to reflect the net value of uncompleted work under all orders. Bonds will not be issued for individual task orders.

C.2.11 Task Order Wage Determination.

The Task Order Contracting Officer shall incorporate the appropriate Construction Wage Rate Requirement (CWRR) Wage Determination into each Task Order issued. The Wage determination will be issued for location of the project, and will be unique to each Task Order.

All Task Orders shall be subject to the FAR 52.222-6 Construction Wage Rate Requirements.

C.2.12 Task Order Liquidated Damages.

The Task Order Contracting Officer shall make the determination if FAR 52.211-12 Liquidated Damages – Construction are required for each individual Task Order. The Task Order Contracting Officer shall make the Liquidated Damages known in the Request for Task Order Proposal, so the Contractor can plan and price each Task Order accordingly. There is not a blanket Liquidated Damages rate that covers the entire contract, these are to be applied on a case by case, or as needed basis on individual Task Orders.

C.3 ARS Locations

BARC campus and the Arboretum. The exact location of work be indicated on the individual Request for Task Order Proposals (RTOP).

C.4 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.5 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.6 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.7 MATERIALS AND EQUIPMENT

Materials and equipment may not be stored at the jobsite lay down area after work hours unless approved in advance by the Contracting Officer. There will not be office space available at any location. All job site lay down areas are dependent upon Task Order size and location of the work. Job site availability will be identified with each RTOP.

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 preoutage 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.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

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

C.11 KEY PERSONNEL

The Contractor shall confirm to the Contracting Officer the List of Key Personnel and their qualifications provided as part of the base contract submittals. The contractor will provide any additional information requested by the Contracting Officer to certify their qualifications. The Contractor shall submit to the Contracting Officer a finalized organization chart showing the lines of authority of key personnel and on-site supervisor(s) for this contract. The chart shall include names of personnel and their position title in this contract. At a minimum it shall identify the Project Manager, the Quality Control Manager, SSHO and onsite supervisors and who they will report directly to for this contract. The Contractor shall identify the personnel able to bind the Contractor contractually.

C.12 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 task order.

Contractor staff may be required to obtain a USDA Linc Pass badge. Documents need to obtain the Linc Pass shall be provided by the Government after award.

C.13 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.14 QUALITY CONTROL

The Contractor shall establish and implement a thorough Quality Control (QC) Plan that identifies potential and actual problem areas in executing requirements of the contract as specified and results in corrective action throughout the life of the contract. The QC Plan shall be submitted to the Contracting Officer for approval 10 working days prior to the start of contract performance and shall be updated thereafter to maintain an effective and efficient quality control program. Control measures and features defining QC activities must be specified and metrics developed to ensure adequate program monitoring.

The Government has the right to inspect all services called for by this contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform these inspections in a manner that will not unduly delay the work. Any changes to the QC Plan shall be submitted to the Contracting Officer a minimum of five working days prior to implementation. Written acceptance or non-acceptance of proposed changes will be provided to the Contractor by the Contracting Officer.

The QC Plan shall:

• Shall be structured to assure independent inspections of the Contractor’s work performance;

• Shall have direct accountability to the Contractor’s top management;

• Shall address overall project management and administration;

• Shall be a comprehensive program to plan and deliver quality services to the Government;

• Shall cover all services described in this contract, prioritize services, and concentrate on the most important services;

• Shall describe a method acceptable to the Government of identifying deficiencies in the quality of services performed under this Contract before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon Government direction;

• Shall establish an inspection system covering all services required by this contract. This shall specify areas to be inspected on either a scheduled or unscheduled basis and the title of the individual who will do the inspection;

• Shall contain specific quality control techniques for contract services identified in the Inspection of Services Clause. The quality control methods shall be comprehensive and adaptable to the reporting systems of the QCP;

• Shall require documentation of all Contractor quality control inspections and corrective actions be maintained by the Contractor throughout the term of this contract. Inspection documents shall be made available to the Contracting Officer or designated representative within 2 working days upon request;

• Shall describe methods of direct and indirect communications with the Government regarding performance of the contract. Informal communications shall be addressed.

C.15 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.

(End of Clause)

C.16 PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is from February 3, 2024 to February 2, 2029.

End of this section

SECTION D - Packaging and Marking Clauses

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

SECTION E - Inspection and Acceptance Clauses

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

CLAUSES TITLE DATE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements AUG 1996

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

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

(b) Inspection will be performed at: the location of each individual task order 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

http://acquisition.gov/

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 Clauses

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

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

NUMBER TITLE DATE

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 LIQUIDATED DAMAGES – CONSTRUCTION (FAR 52.211-12) (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount determined by the specific Request for Task Order Proposal (RTOP) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.3 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 fourteen 10 calendar days after the date the Contractor receives The task order notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than number of days listed on the task order after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - Contract Administration Data Clauses

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award, and for each Task Order as applicable with the REE Acquisition Manual. The contractor will be notified by letter of the name and duties of the COR.

G.2 TASK ORDER CLOSEOUT

a) Closeout Procedures:

1. Comply with provisions in conditions of RTOP/Task Order 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

On completion of the contract (if required), 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 task 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 Task Order No. , the undersigned hereby releases the Government from any and all obligations whatsoever arising under said task order.

Name, Title, and Signature of Contractor DATE

Final payment will not be released without the release of claims submission for each task order.

G.5 SUPPLEMENT TO CHANGES CLAUSE

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

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

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

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

d. 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 SUMMARY SHEET FORMAT

DATE

PROJECT

LOCATION

CONTRACT NUMBER

CONTRACTOR

CHANGE ORDER NO. ________

DESCRIPTION

PRIME CONTRACTOR'S WORK

1. Direct Materials _____% of line 1 $

2. Sales Tax on Materials $

3. Direct Labor $

4. Insurance, Taxes, and Fringe Benefits _____% of line 3 $

5. Rental Equipment $

6. Sales Tax - Rental Equipment _____% of line 5 $

7. SUBTOTAL (lines 1-6) $

8. Overhead _____% of line 7 $

9. SUBTOTAL (add lines 7-8) $

SUBCONTRACTORS WORK

10. Direct Materials _____% of line 10 $

11. Sales Tax on Materials $

12. Direct Labor $

13. Insurance, Taxes, and Fringe Benefits _____% of line 12 $

14. Rental Equipment $

15. Sales Tax - Rental Equipment _____% of line 14 $

16. SUBTOTAL (lines 10-15) $

17. Overhead _____% of line 16 $

18. SUBTOTAL (add lines 16-17) $

19. Profit $

20. SUBTOTAL (add lines 18-19) _____% of line 18

SUMMARY

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 $

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.7 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice and one copy to the Contracting Officer and the COR:

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. Task Order Number

5. Description of work and period of performance.

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

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

8. Taxpayer Identification Number (TIN).

9. Invoices must be submitted with ARS-371 and ARS-372, 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.8 Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) (FAR 42.1502)

(a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b) through (f) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/ http://www.cpars.gov/

(b) Past performance evaluations shall be prepared for each construction contract of $700,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $700,000.

SECTION H - Special Contract Requirements

H.1 INSURANCE COVERAGE-ALT 1 (AGAR 452.228-71) (NOV 1996)

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

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

(b) General Liability.

a. The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

b. The Contractor shall have property damage liability insurance shall be required in the amount of $1.0 million per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the con contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.2 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (AGAR 452.236-71) (NOV

1996)

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

H.3 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.

H.4 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

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

H.5 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (AGAR 452.236-74)

(NOV 1996)

a) Operations…