RFP 12805B20R0006 IDIQ North.pdf
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United States Department of Agriculture Research, Education, and Economics
Administrative and Financial Management
SOLICITATION NUMBER
12805B-20-R-0006
Single Award Indefinite Quantity Contract (IQC) for Architect and Engineering (A/E) Services for
Research and Laboratory Facilities throughout the
Plains Area - North
Agricultural Research Service Plains Area Administrative Office
2150 Centre Ave., Bldg D, Ste 300 Fort Collins, CO 80526
SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED
5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER
PAGE OF PAGES
7. ISSUED BY CODE 8. THIS ACQUISITION IS
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27
RATING
ORDER UNDER DPAS (15 CFR 700)
3. AWARD/
EFFECTIVE DATE ISSUE DATE
6. SOLICITATION
UNRESTRICTED OR SET ASIDE:
SMALL BUSINESS
SIZE STANDARD:
9. (AGENCY USE)
NO COLLECT CALLS
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
SUPPLIES SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT
PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR
AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED
HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS
AND CONDITIONS STATED HEREIN.
CODE 12. ADMINISTERED BY
13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE
OFFEROR CODE
TELEPHONE NO.
UNIQUE ENTITY IDENTIFER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
10 U.S.C. 2304 41 U.S.C. 253
NEGOTIATED
(RFP)
SEALED BIDS
(IFB)
1 45
06/11/2020
USDA ARS PA AAO ACQ/PER PROP
2150 CENTRE AVENUE
BLDG D, SUITE 300
FORT COLLINS CO 80526
USDA ARS PA AAO ACQ/PER PROP
2150 CENTRE AVENUE
BLDG D, SUITE 300
FORT COLLINS CO 80526
ARS-12805B
100.00 % FOR:
X
X x x
ARS-12805B
Architect - Engineering Services for the Plains Area - North
12805B20R0006
NAICS:
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
8(A)
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
EDWOSB
17.
ITEM NO.
18.
SCHEDULE OF SUPPLIES/SERVICES
19.
QUANTITY
20.
UNIT
21.
UNIT PRICE
22.
AMOUNT
Delivery Location Code: ARS-128200
PA OFFICE OF THE AREA DIRECTOR
OFFICE OF THE AREA DIRECTOR
2150 CENTRE AVENUE, BLDG D, STE 300
FORT COLLINS CO 80526 US
Period of Performance: 08/01/2020 to 07/31/2025
Continued ...
27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS
OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:
23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT
(FOR GOVERNMENT USE ONLY)
KELLY D. WRIGHT
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 1447 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
COPIES TO
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)
WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO
DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED
CANNOT MEET DELIVERY REQUIREMENT
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS
PAGE
NO RESPONSE FOR REASONS CHECKED
45 2 OF
DATE AND LOCAL TIME
AFFIX
STAMP
HERE
TO:
FROM:
SOLICITATION NO.
USDA ARS PA AAO ACQ/PER PROP
2150 CENTRE AVENUE
BLDG D, SUITE 300
FORT COLLINS CO 80526
ARS-12805B
12805B20R0006
STANDARD FORM 1447 (REV. 8/2016) BACK
(A)
ITEM NO.
(B)
SUPPLIES/SERVICES
(C)
QUANTITY
(D)
UNIT
(E)
UNIT PRICE
(F)
AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 45
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
12805B20R0006
0001 Base Year Indefinite Quantity Contract (IQC) for
Architect and Engineering (A/E) Services for
Research and Laboratory Facilities Throughout the
Plains Area - North
Delivery: 04/03/2020
Period of Performance: 08/01/2020 to 07/31/2021
1001 Option Year 1 Indefinite Quantity Contract (IQC) for Architect and Engineering (A/E) Services for
Research and Laboratory Facilities Throughout the
Plains Area - North
(Option Line Item)
08/01/2021
Period of Performance: 08/01/2020 to 07/31/2022
2001 Option Year 2 Indefinite Quantity Contract (IQC) for Architect and Engineering (A/E) Services for
Research and Laboratory Facilities Throughout the
Plains Area - North
(Option Line Item)
08/01/2022
Period of Performance: 08/01/2022 to 07/31/2023
3001 Option Year 3 Indefinite Quantity Contract (IQC) for Architect and Engineering (A/E) Services for
Research and Laboratory Facilities Throughout the
Plains Area - North
(Option Line Item)
08/01/2023
Period of Performance: 08/01/2023 to 07/31/2024
4001 Option Year 4 Indefinite Quantity Contract (IQC) for Architect and Engineering (A/E) Services for
Research and Laboratory Facilities Throughout the
Plains Area - North
(Option Line Item)
08/01/2024
Period of Performance: 08/01/2024 to 07/31/2025
NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
SOLICITATION 12805B-20-R-0006 Area-wide IQC for AE Services, Plains Area- North
Table of Contents
B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items Clauses
C - SECTION C - Description/Specifications/Statement of Work Clauses
D - SECTION D - Packaging and Marking Clauses
E - SECTION E - Inspection and Acceptance Clauses
F - SECTION F - Deliveries or Performance Clauses
G - SECTION G - Contract Administration Data Clauses
H - SECTION H - Special Contract Requirements Clauses
I - SECTION I - Contract Clauses/Provisions Clauses/Provisions
J - SECTION J - List of Documents, Exhibits, and Other Attachments Provisions
K-SECTION K - Representations, Certifications, and Other Statements of Offerors Provisions
L - SECTION Instructions, Conditions, and Notices to Offerors or Respondents Provisions
M - SECTION M - Evaluation Factors for Award
Responses due 07/12/2020 5:00pm Mountain Time.
B - 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) for Engineering Design and Construction Management/Administration Services for repair and maintenance, alteration, and/or new Modernization construction projects; including Design- Bid-Build (DBB), Design-Build (DB), and Construction Manager as Constructor (CMC) for its research laboratory facilities located throughout the Plains Area - North, which includes the states of Colorado, Nebraska, Wyoming, South Dakota, North Dakota, and Montana. Specific requirements will be incorporated into individual task orders.
Services under the contract will include, but are not limited to, energy-related studies, environmental site assessments and studies, building and/or site investigations/studies, feasibility and conceptual studies, geotechnical investigations, radon testing, bio-containment, asbestos and other hazardous materials abatement, life cycle cost analyses, engineering design criteria development, statements of work/program of requirements development, design analyses, designs, construction drawings, specifications (including specifications for design-build), detailed cost estimates and analyses, bidding phase services, construction management/administration (including on-site construction management/administration, bid evaluations, shop drawings and submittals review and approval), construction inspection and/or monitoring, design review, technical consultation, field surveys, engineering reports, and computer-aided drafting.
B.2 MINIMUM GUARANTEE
The Government will obligate the minimum guarantee of $1,000 with the first task order issued under this contract, as the minimum for the entire contract period, including all option periods, if exercised. Minimum and Maximum ordering limits shall be in accordance with FAR 52.216-19, Order Limitations.
B.3 PRICE SCHEDULE
If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.
Orders may be issued orally, by facsimile, or by electronic commerce.
For other specialized disciplines not listed below, rates and qualifications must be submitted and approved by the Government to be negotiated with each task order.
Note: The Governments need for specialized disciplines are anticipated to be relatively minor in size.
B.3.1 Initial Period of Performance – 08/01/2020 – 07/31/2021 Offerors don’t provide pricing as part of the initial Request for Qualifications. Pricing will only be requested and negotiated with the most qualified firm IAW with FAR 36.6.
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
Project Principal LEED Structural Engineer Project Manager Sr. Structural Engineer
Construction Manager Structural Engineer
Construction Inspector Jr. Structural
Specification Writer Structural Designer Clerical Structural CADD
LEED Architect Plumbing Engineer
Senior Architect Commissioning Engineer
Architect Fire Protection Engineer
Jr. Architect Fire/Safety Engineer
Architectural Designer Value Engineer Architectural CADD Sr. Estimator
LEED Mechanical Engineer Estimator
Sr. Mechanical Engineer Sr. Scheduler
Mechanical Engineer Scheduler
Jr. Mechanical Engineer Land Surveyor
Mechanical Designer Landscape Architect
Mechanical CADD Operator BioContainment Specialist
LEED Electrical Engineer Certified Industrial Hygienist
Sr. Electrical Engineer Industrial Hygienist
Electrical Engineer Industrial Ventilation Specialist
Jr. Electrical Engineer Telecommunicati on & Data
(RCDD)
Electrical Designer Interior Designer
Electrical CADD Operator Interior Assistant
LEED Civil Engineer Lab Planner
Sr. Civil Engineer
Civil Engineer
Jr. Civil Engineer Civil Designer
Civil CADD Operator
B.3.2 First Option Period of Performance – 08/01/2021 – 07/31/2022 Offerors don’t provide pricing as part of the initial Request for Qualifications. Pricing will only be requested and negotiated with the most qualified firm IAW with FAR 36.6.
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
Project Principal LEED Structural Engineer Project Manager Sr. Structural Engineer
Construction Manager Structural Engineer
Construction Inspector Jr. Structural
Specification Writer Structural Designer Clerical Structural CADD
LEED Architect Plumbing Engineer
Senior Architect Commissioning Engineer
Architect Fire Protection Engineer
Jr. Architect Fire/Safety Engineer
Architectural Designer Value Engineer Architectural CADD Sr. Estimator
LEED Mechanical Engineer Estimator
Sr. Mechanical Engineer Sr. Scheduler
Mechanical Engineer Scheduler
Jr. Mechanical Engineer Land Surveyor
Mechanical Designer Landscape Architect
Mechanical CADD Operator BioContainment Specialist
LEED Electrical Engineer Certified Industrial Hygienist
Sr. Electrical Engineer Industrial Hygienist
Electrical Engineer Industrial Ventilation Specialist
Jr. Electrical Engineer Telecommunicati on & Data
(RCDD)
Electrical Designer Interior Designer
Electrical CADD Operator Interior Assistant
LEED Civil Engineer Lab Planner
Sr. Civil Engineer
Civil Engineer
Jr. Civil Engineer
B.3.3 Second Option Period of Performance – 08/01/2022 – 07/31/2023 Offerors don’t provide pricing as part of the initial Request for Qualifications. Pricing will only be requested and negotiated with the most qualified firm IAW with FAR 36.6.
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
Project Principal LEED Structural Engineer Project Manager Sr. Structural Engineer
Construction Manager Structural Engineer
Construction Inspector Jr. Structural
Specification Writer Structural Designer Clerical Structural CADD
LEED Architect Plumbing Engineer
Senior Architect Commissioning Engineer
Architect Fire Protection Engineer
Jr. Architect Fire/Safety Engineer
Architectural Designer Value Engineer Architectural CADD Sr. Estimator
LEED Mechanical Engineer Estimator
Sr. Mechanical Engineer Sr. Scheduler
Mechanical Engineer Scheduler
Jr. Mechanical Engineer Land Surveyor
Mechanical Designer Landscape Architect
Mechanical CADD Operator BioContainment Specialist
LEED Electrical Engineer Certified Industrial Hygienist
Sr. Electrical Engineer Industrial Hygienist
Electrical Engineer Industrial Ventilation Specialist
Jr. Electrical Engineer Telecommunicati on & Data
(RCDD)
Electrical Designer Interior Designer
Electrical CADD Operator Interior Assistant
LEED Civil Engineer Lab Planner
Sr. Civil Engineer
Civil Engineer
Jr. Civil Engineer
B.3.4 Third Option Period of Performance – 08/01/2023 – 07/31/2024 Offerors don’t provide pricing as part of the initial Request for Qualifications. Pricing will only be requested and negotiated with the most qualified firm IAW with FAR 36.6.
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
Project Principal LEED Structural Engineer Project Manager Sr. Structural Engineer
Construction Manager Structural Engineer
Construction Inspector Jr. Structural
Specification Writer Structural Designer Clerical Structural CADD
LEED Architect Plumbing Engineer
Senior Architect Commissioning Engineer
Architect Fire Protection Engineer
Jr. Architect Fire/Safety Engineer
Architectural Designer Value Engineer Architectural CADD Sr. Estimator
LEED Mechanical Engineer Estimator
Sr. Mechanical Engineer Sr. Scheduler
Mechanical Engineer Scheduler
Jr. Mechanical Engineer Land Surveyor
Mechanical Designer Landscape Architect
Mechanical CADD Operator BioContainment Specialist
LEED Electrical Engineer Certified Industrial Hygienist
Sr. Electrical Engineer Industrial Hygienist
Electrical Engineer Industrial Ventilation Specialist
Jr. Electrical Engineer Telecommunicati on & Data
(RCDD)
Electrical Designer Interior Designer
Electrical CADD Operator Interior Assistant
LEED Civil Engineer Lab Planner
Sr. Civil Engineer
Civil Engineer
Jr. Civil Engineer
B.3.5 Fourth Option Period of Performance – 08/01/2024 – 07/31/2025 Offerors don’t provide pricing as part of the initial Request for Qualifications. Pricing will only be requested and negotiated with the most qualified firm IAW with FAR 36.6.
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
FIRM LABOR DISCIPLINES
FULLY
BURDENED
RATE
Project Principal LEED Structural Engineer Project Manager Sr. Structural Engineer
Construction Manager Structural Engineer
Construction Inspector Jr. Structural
Specification Writer Structural Designer Clerical Structural CADD
LEED Architect Plumbing Engineer
Senior Architect Commissioning Engineer
Architect Fire Protection Engineer
Jr. Architect Fire/Safety Engineer
Architectural Designer Value Engineer Architectural CADD Sr. Estimator
LEED Mechanical Engineer Estimator
Sr. Mechanical Engineer Sr. Scheduler
Mechanical Engineer Scheduler
Jr. Mechanical Engineer Land Surveyor
Mechanical Designer Landscape Architect
Mechanical CADD Operator BioContainment Specialist
LEED Electrical Engineer Certified Industrial Hygienist
Sr. Electrical Engineer Industrial Hygienist
Electrical Engineer Industrial Ventilation Specialist
Jr. Electrical Engineer Telecommunicati on & Data
(RCDD)
Electrical Designer Interior Designer
Electrical CADD Operator Interior Assistant
LEED Civil Engineer Lab Planner
Sr. Civil Engineer
Civil Engineer
Jr. Civil Engineer
Solicitation 12805B-20-R-0006 Area-wide IQC for AE Services, Plains Area - North
C - SECTION C - Description/Specifications/Statement of Work Clauses
C.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:
AGAR 452.211-72 Statement of Work/Specifications (Feb 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
(End of Clause)
AGAR 452.211-73 Attachments to Statements of Work/Specifications (Feb 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
(End of Clause)
End of this section
D - SECTION D - Packaging and Marking Clauses
D.1 SPECIFICATIONS
Specifications shall be prepared as specified in Section J, Attachment 1, Statement of Work, Architectural-Engineering Services.
D.2 DRAWINGS
Drawings shall be prepared as defined in Section J, Attachment 1, Statement of Work, Architectural- Engineering Services.
E - SECTION E - Inspection and Acceptance Clauses
E.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:
AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed individually, per each task order.
(End of clause)
E.2 FINAL INSPECTION
Each deliverable shall be reviewed by the Government to ensure compliance with the project requirements. The Government may include, as part of its review, the services of another A-E firm to perform design review services and/or value engineering.
Acceptability of deliverables shall be based on the Government’s satisfaction that the Project Requirements specified in the task orders have been fulfilled in accordance with the terms and conditions of the basic contract and subsequent task order.
F - SECTION F - Deliveries or Performance Clauses
F.1 EFFECTIVE PERIOD OF THE CONTRACT
The effective period of this contract is as follows:
Period Start Date End Date Base Period August 1, 2020 July 31, 2021 First Option August 1, 2021 July 31, 2022 Second Option August 1, 2022 July 31, 2023 Third Option August 1, 2023 July 31, 2024 Fourth Option August 1, 2024 July 31, 2025
F.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:
FAR 52.242-14 -- Suspension of Work (Apr 1984)
G - SECTION G - Contract Administration Data Clauses
G.1 CONTRACT ADMINISTRATION DEFINITIONS
The contract (and task orders) will be formally administered through the structure explained below. The delegation of authorities and responsibilities will be in accordance with ARS directives on acquisition responsibilities and authorities as outlined below.
Contracting Officer (CO): The CO is the legal Government representative to the Contractors. He/she is authorized to enter, administer, and terminate contracts on behalf of the Government. The CO is the only member of the Project Team with the authority to obligate Government funds or change the contract. The CO is responsible for ensuring that the contract performance complies with all contractual provisions, including, but not limited to, scope, budget, and schedule. The CO is responsible for ensuring adequate contract performance and contract management, overseeing and conducting negotiations, and other actions necessary to protect the Government’s interest.
Contracting Officer’s Representative (COR): The assignment as COR is made at the beginning of the project by an official designation letter from the CO outlining the responsibilities, authority, and limitations.
The COR is responsible for interpreting technical date in the A-E, construction, and CIC contracts. The COR is responsible for the review of progress and pay requests for these contracts and making acceptance/rejection recommendations to the CO. The COR may approve minor changes to the project that do not affect the program requirements, price, scope, and performance time of the contracts.
Engineering Project Manager (EPM): Identified with each task order as the principal technical authority.
The EPM will serve as the lead point of contact and shall disseminate information to the appropriate Project Team members for their action and involvement, and also to the contractors for day-to-day business, working within the terms of the contract. It is the responsibility of the EPM to see that all Project Team members are kept advised of the actions, plans, and progress of the projects.
Research Program Representative (RPR): The RPR serves as a resource to the Project Team, and is expected to notify the CO, the EPM, and the COR if he/she becomes aware of unusual or important circumstances pertinent to the construction project. The RRP has no responsibility for construction inspection or supervision.
Location Monitor (LM): The LM is an ARS representative at the construction site and is formally designated by the CO. The LM serves as a point of contact for the A-E, CIC, or the CC to provide information regarding location rules and regulations.
Facility Engineer (FE): The FE will provide assistance to the Project Team and is invited to participate in progress meetings, equipment testing, and final inspections. The FE may serve as the COR on some projects.
G.2 SINGLE AWARD ARCHITECT-ENGINEER TASK ORDER PROCEDURES
Task orders will be issued as firm fixed priced, based upon the negotiated rates from Schedule B from the single awardee found to be the most qualified offer. The Projects Requirement Document (PRD) will be provided to the Contractor outlining the task order specifics. The Contractor will provide a task order proposal as required in the PRD document, IAW with the terms of Attachment 1 Scope of Work (SOW).
G.3 PAYMENTS UNDER INDEFINITE QUANTITYARCHITECT-ENGINEER CONTRACTS
1. Payment terms will be negotiated with the contractor for each task order.
2. As agreed upon by the contractor and the Government, payments shall be made in accordance with one of the following methods:
• Clause FAR 52.232-10 entitled, “Payments Under Fixed-Price
Architect- Engineer Contracts,” or
• Payment submittal schedule where the contractor is authorized to request payment for the amount indicated in the task order “Price Schedule” upon completion and acceptance of each design submittal. The payment submittal schedule applies only to pre-design and design services. Any other services shall be paid in accordance with FAR Clause 52.232-10.
3. Prior to final payment under the Task Order, or prior to settlement upon termination of the Task Order, and as a condition precedent thereto, the A-E shall execute and deliver to the Contracting Officer, a release of all claims against the Government arising under or by virtue of the task order other than such claims as the Contractor may exempt. The final payment request shall be accompanied by the Final Release Form which shall contain the Contractor’s Corporate Seal. A corporate officer shall sign the release and be certified by a corporate secretary. The Contractor shall describe and state the amount of each excepted claim.
Release of claims - Before final payment, the contractor must release the Government from claims. This release states:
“For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No. , the undersigned hereby releases the Government from any and all obligations whatsoever arising under said Contract.
Signature Date “
G.4 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR PERFORMANCE
ASSESSMENT REPORTING SYSTEM (CPARS)(PA 96 SEP 21, 2010) FAR 42.1502 (or FAR 36.201 for Construction or FAR 36.604 for Architect-Engineering)
(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 (e) 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/
(b) The Government will register each contractor in the CPARS system at time of award. This registration will require that contractors provide the Contracting Officer the name of the company’s primary contact, Contractor Representative (CR), and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CPARS system will send an email to the CR notifying that individual that a performance evaluation is electronically available for review and comment.
(c) Contractors will access evaluations through a secure Website for review and comment at the following site: http://www.cpars.gov.
(d) Interim and final evaluations will be available to the contractor in the CPARS system and notification from the CPARS system will be sent to the contractor. The final performance evaluation will be entered in the CPARS system at the time of completion of the contract. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.
(e) Past performance evaluations shall be prepared for each architect-engineer services contract of $35,000 or more, and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $35,000.
http://www.cpars.gov/ http://www.cpars.gov/
G.5 6% FEE LIMITATION
For architect-engineer services for public works or utilities, the contract price or the estimated cost and fee for production and delivery of designs, plans, drawings, and specifications shall not exceed 6 percent of the estimated cost of construction of the public work or utility, excluding fees.
H - SECTION H - Special Contract Requirements Clauses
H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:
AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (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.
(End of clause)
452.236-80 FIRMS INELIGIBLE FOR AWARD--CONSTRUCTION (NOV 1996)
The firm(s) and its subsidiaries or affiliates signatory to this contract shall be ineligible for award of any construction contract resulting from the design work performed under this contract.
(End of clause)
AGAR 452.237-74 -- KEY PERSONNEL (FEB 1988)
(a) The contractor shall assign to this contract the following key personnel:
Title(s): Name(s):
Project Executive/Principal (Signatory Authority):
Project Manager:
Senior Architect:
Senior Structural Engineer:
Senior Civil Engineer:
Senior Mechanical Engineer:
Senior Electrical Engineer:
(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-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 person(s) being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
(End of Clause)
H.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:
FAR 52.236-22 -- Design Within Funding Limitations (Apr 1984) FAR 52.236-23 -- Responsibility of the Architect-Engineer Contractor (Apr 1984) FAR 52.236-24 -- Work Oversight in Architect-Engineer Contracts (Apr 1984) FAR 52.236-25 -- Requirements for Registration of Designers (June 2003)
H.3 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS
TASK ORDER KEY PERSONNEL
• During negotiations of each task order, key personnel shall be identified by the contractor. No substitutions shall be made without the written approval of the Contracting Officer.
• The contractor shall submit resumes for the proposed substitutes in advance of the occurrence, where possible, or no later than 15 calendar days after the substitutions. Additional information applicable thereto shall be included in the submission to the Contracting Officer. Proposed substitutes shall have comparable qualifications to those persons being replaced.
• The Contracting Officer will provide written notification to the contractor within 15 calendar days after receipt of all required data of the decision on the substitutions.
SUBCONTRACTOR KEY PERSONNEL
During negotiations of each task order, subcontractor key personnel shall be identified by the contractor.
The contractor shall provide written notification to the Contracting Officer of substitutions in advance of the occurrence, where possible, or no later than 15 calendar days after the substitutions.
H.4 BIOBASED PRODUCTS
The United States Department of Agriculture (USDA) designates certain bio-based products for federal procurement and specifies minimum bio-based content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA Bio-Preferred’s minimum bio-based content level. Visit the BioPreferred web site https://biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml for the complete list of designated products and the associated minimum bio-based content level requirements.
H.5 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.”
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Part II—Contract Clauses I - SECTION I - Contract Clauses/Provisions
Clauses/Provisions
I.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:
FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)
(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
FAR 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
(End of clause)
FAR 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2020 through July 31, 2025
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one thousand dollars ($1,000.00), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $750,000.00;
(2) Any order for a combination of items in excess of $3,750,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the
Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
FAR 52.216-22 -- Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
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(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the work/option issued during the effective period of this contract for negotiated options not exercised by the Government within 30 days of the previously completed and accepted work/option
(End of Clause)
FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within thirty
(30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) Years.
(End of clause)
FAR 52.222-35 -- Equal Opportunity for Veterans (Oct 2015)
(a) Definitions. As used in this clause-- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.
(End of Clause) Alternate I (Jul 2014). As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:
Notice: The following term(s) of this clause are waived for this contract: [List term(s)].
FAR 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
As prescribed in 23.406(d), insert the following clause:
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
(a) Definitions. As used in this clause- “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall-
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].
(End of clause)
Alternate I (May2008). As prescribed in 23.406 (d), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of1976 (42 U.S.C.6962(i)(2)(C)):
Certification I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.
__________________________________________________ [Signature of the Officer or Employee] __________________________________________________ [Typed Name of the Officer or Employee] __________________________________________________ [Title] __________________________________________________ [Name of Company, Firm, or Organization] __________________________________________________ [Date] (End of certification)
FAR 52.223-20 – Aerosols (Jun 2016)
(a) Definitions. As used in this clause-- “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).
“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--
(1) In-use emission rates, energy efficiency;
(2) Safety, such as flammability or toxicity;
(3) Ability to meet technical performance requirements; and https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#i1094741 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#i1094741 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://www.epa.gov/snap/
(4) Commercial availability at a reasonable cost.
(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.
(End of clause)
FAR 52.223-21 Foams (Jun 2016)
(a) Definitions. As used in this clause– “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/.
“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as–
(1) In-use emission rates, energy efficiency, and safety;
(2) Ability to meet performance requirements; and
(3) Commercial availability at a reasonable cost.
(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/.
(End of clause)
AGAR 423.202 Policy (Apr 2005) Information on Energy Star, energy efficient, water efficient, and low standby products covered by this policy is available via the Internet at http://www.eere.energy.gov/femp/technologies/eeproducts.cfm.
AGAR 423.403 Policy (Apr 2005) It is the policy of USDA to acquire and use Environmental Protection Agency (EPA) designated recycled content products.
AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)
During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000, but not in excess of $750,000.00 per order period, nor in excess of $3,750,000.00 for the contract.
AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)
(a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.
(b) In…
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