sBARC 1286 Pump.doc

2020 BARC 1286 Pump

SECTION B ‑ SUPPLIES OR SERVICES AND PRICE/COSTS

B.1

SCOPE OF CONTRACT

The Contractor shall furnish all necessary labor, materials, equipment supplies, transportation, supervision, etc., in order to perform all elements of the work identified in the Statement of Work, Specifications, and Drawings, and in accordance with the clauses, specifications, attachments, and other terms and conditions set forth herein The USDA, Agricultural Research Service, has a requirement for REPLACE Pump Station 1286 Systems BELTSVILLE AGRICULTURAL RESEARCH CENTER, BELTSVILLE, MARYLAND. A copy of the Statement of Work is enclosed.

B.2

SCHEDULE OF ITEMS

Contractor agrees to perform all required work as described in the below referenced items and contract specifications/drawings. In order to be considered responsive, an offeror must propose on all items:

ITEM

DESCRIPTION

PRICE/COST

01 REPLACE Pump Station 1286 Systems

$__00.00_

N/A

$___00.00__

GRAND TOTAL ALL ITEMS:

$__00.00__

B.3

PERFORMANCE TIME

Base Item: 120 calendar days after Notice to Proceed is issued.

Optional Items: _N/A_ additional calendar days performance time shall be provided for the award of any Optional Items.

B.4 REJECTION OF PROPOSAL: Failure to demonstrate compliance will be cause to reject the quote without further discussions. ALL OFFERORS MUST BE REGISTERED IN THE SAMS DATABASE IN ORDER TO RECEIVE AN AWARD

SECTION C ‑ DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1

STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211‑72) (FEB 1988)

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.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO Clauses in this Section)

SECTION E ‑ INSPECTION AND ACCEPTANCE

E.1

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252‑2) (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 these addresses: Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR): http://farsite.hill.af.mil/VFagara.HTM FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER

DATE

TITLE

52.246-12

AUG 1996

INSPECTION OF CONSTRUCTION

52.246-13, AUG 1996

Inspection –Dismantling, Demolition, or Removal of Improvements

E.2

FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of reinspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.

(b) The 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 Contractor’s request for final inspection will not be approved unless documentation below, at a minimum, has been provided to the Contracting Officer, in addition to all other contract requirements:

· As-built drawings

· Balancing reports - air and hydraulic system balance

· Special equipment testing certifications

· Record of or definite schedule for systems demonstrations

· Operating manuals and instructions for equipment items

· Keys/Keying schedule

· Guarantees and warranty schedule and contacts

· Certificates of inspections

· Training of appropriate Government personnel

· Certified payroll records for all prime and subcontractor employees

(d) As soon as practicable, following final inspection, the Contracting Officer will inform the contractor, in writing, of any discrepancies and/or omissions noted at the final inspection. The Contracting Officer shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

E.3

FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is found completed and all contract requisites (i.e. payroll documents, final payment requests, release from claims, etc.) are submitted, the Contracting Officer shall notify the Contractor of such acceptance in writing. Written acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s right under any warranty or guarantee.

SECTION F ‑ DELIVERIES OR PERFORMANCE

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/these addresses: Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR): http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER

52.219-14

JAN 2017

LIMITATIONS ON SUBCONTRACTING

52.242-14

APR 1984

SUSPENSION OF WORK

F.2

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 120 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G ‑ CONTRACT ADMINISTRATION DATA

G.1

CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award. The contractor will be notified by letter of the name and duties of the COR.

G.2

CONTRACT CLOSEOUT

(a) Closeout Procedures:

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

(2) Provide submittals required by governing authorities.

(b) Project Records:

(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, i.e. Section H Clause, FAR 52.236-21, Specifications and Drawings for Construction; and Section G Clause, As-Built Drawings.

(c) 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 work, two sets of electronic copies of the drawings in pdf format and specifications in both Word 2007 and pdf shall be provided on a USB Flash drive.

Contractor shall stamp the term RECORD DOCUMENTS, date and sign all 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 Engineering Project Manager (EPM).

G.4

RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The Contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No. 12305B20Q0007, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Date:

Contractor's Signature:

Print Name of Signer: _________________________

Title:

* NOTE: The amount referenced in the paragraph above should be the total Contract amount, not just the final payment amount.

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.

(b) The following is a sample summary sheet format. A similar sheet shall accompany each written detailed cost breakdown. The sample summary is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

(c) The cumulative total for overhead and profit of all subcontractors and the general contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent.

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

1.

Direct Materials

2.

Sales Tax on Materials ( % of Line Item 1)

3.

Direct Labor

4.

Fringe Benefits, Labor Taxes & Insurance ( % of Line 3)

5.

Rental Equipment

6.

State Sales Tax - Rental Equipment ( % of Item 1)

7.

SUBTOTAL (add lines 1-6)

8.

Overhead ( % of Subtotal, Line 7)

9.

SUBTOTAL (add lines 7-8)

SUB-CONTRACTOR’S WORK

10.

Direct Materials

11.

Sales Tax on Mat'ls ( % of line 10)

12.

Direct Labor

13.

Insurance, Taxes, and Fringe Benefits ( % of line 12)

14.

Rental Equipment

15.

Sales Tax - Rental Eqmt. ( % of line 14)

16.

SUBTOTAL (add lines 10-15)

17.

Overhead ( % of line 16)

18.

SUBTOTAL (add lines 16-17)

19.

Profit ( % of line 18)

20.

SUBTOTAL (add lines 18-19)

TOTAL PRIME & SUB-CONTRACTOR’S WORK

21.

Prime's Work (from line 9)

22.

Sub's Work (from line 20)

23.

SUBTOTAL (add lines 21-22)

24.

Prime's Overhead on Sub ( % of line 22)

25.

Prime's Profit ( % of line 23)

26.

SUBTOTAL (add lines 23-25)

27.

Prime's Bond Premium ( % of line 26)

28.

TOTAL COST

Date for Time Extension (if any and justification):

Signature & Title of Preparer Date

G.6

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The U.S. Department of Agriculture utilizes the Department of Defense system, Contractor Performance Assessment Reporting System (CPARS), to record and maintain past performance information. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect Engineering).

(b) The Government will register each contractor in CPARS at time of award. This registration will require that contractors provide to 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, CPARS 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 Web site for review and comment as follows:

(1) Go to URL: http://www.cpars.gov/cparsmain.htm

(2) Click on CPARS Login near top left.

(3) Click on Accept on the bottom of the screen.

(4) Click on Contractor Logon (No PKI) at top, near right.

(5) Enter your CPARS ID and password. If it is your first time and you have no password, click on Forgot Password. A temporary password will be emailed to you by the system. Then enter it and it will direct you to create your own, permanent password.

(6) Then select the correct module and click on the “To Do List.”

(7) Click on the link to the award you are looking to review the rating, which can be an interim rating; final; or afterwards for warranty situations. You now review the evaluation and if you dispute them, fill information disputing it; save; and return to Assessing Official for resolution. If not disputing, you can comment or choose not to comment and return to Assessing Official as well.

(d) Interim and final evaluations will be available to the contractor in CPARS and notification from CPARS will be sent to the contractor. The final performance evaluation will be entered in CPARS 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) Finalized performance evaluations, both interim and final, can be found at http://www.ppirs.gov.

G.7

INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice to the following website: www.ipp.gov

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

1. Name and address of contractor.

2. Invoice number and date.

3. Contract number

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

5. Taxpayer Identification Number (TIN) and DUNS Number.

6. Invoices must be submitted along with certified payroll records, contractor's certification (pursuant to FAR 52.232-5).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.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/these addresses: Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR): http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER

52.236-2

APR 1984

DIFFERING SITE CONDITIONS

52.236-3

APR 1984

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

52.236-5

APR 1984

MATERIAL AND WORKMANSHIP

52.236-6

APR 1984

SUPERINTENDENCE BY THE CONTRACTOR

52.236-7

NOV 1991

PERMITS AND RESPONSIBILITIES

52.236-8

APR 1984

OTHER CONTRACTS

52.236-9

APR 1984

PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

52.236-10

APR 1984

OPERATIONS AND STORAGE AREAS

52.236-11

APR 1984

USE AND POSSESSION PRIOR TO COMPLETION

52.236-12

APR 1984

CLEANING UP

52.236-13

NOV 1991

ACCIDENT PREVENTION

52.236-14

APR 1984

AVAILABILITY AND USE OF UTILITY SERVICES

52.236-17

APR 1984

LAYOUT OF WORK

52.236-21, ALT I

APR 1984

SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

H.2

USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

(a) 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, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted 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.3

SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.4

MAXIMUM WORKWEEK-CONSTRUCTION SCHEDULE (SUPPLEMENT)

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

WORKWEEK REGULAR HOURS: The maximum regular workweek that will be approved is Monday through Friday, 0700 a.m. to 1700 p.m., location time, not to exceed 40 hours per week. The contractor's proposed hours of work are to include daily starting and stopping times.

(a) Listed below are official Government holidays:

New Year's Day

January 1*

Martin L. King Birthday Third Monday in January

President's Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4*

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

November 11*

Thanksgiving Day

Fourth Thursday in November

Christmas Day

December 25*

Inauguration Day

January 20* (for Washington D.C. Metropolitan Area(WDCMA))

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

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

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

(c) WORK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, he shall submit a written request to the CO/COR 5 working days in advance to allow ample time for approval or disapproval and to enable satisfactory arrangements to be made for security, safety, and inspecting the work progress.

In cases where the contractor receives approval to work outside of normal working hours for his convenience, cost incurred by the contractor for overtime and additional cost incurred by the Government for services including inspection costs shall be borne by the contractor.

H.5

NOT USED

H.6

WAGE DETERMINATION

In the performance under this Contract, the Contractor shall comply with the requirements of the applicable U.S. Department of Labor General Wage Decision for the location, including all modifications. See Section J for the applicable Wage Decision.

H.7

UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least three (3) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

H.8

COOPERATION WITH OTHER CONTRACTORS

During the period of construction for the work covered by this contract, other contractors performing work for the Government may be operating concurrently at the site. To minimize interference and delay to the construction progress of all concerned, all contractors shall cooperate with each other and coordinate their construction operations to the fullest extent. As far as practicable, all contractors performing work for the Government at the site shall have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter shall be referred to the Contracting Officer.

H.9

SUBMITTALS AND SHOP DRAWINGS

(a) The Contractor shall submit for approval, shop drawings of all manufactured products required in the construction for which such drawings are hereinafter required. When approved, one set will be retained; one set forwarded to the Government representative on the job and two sets forwarded to the Contractor. When changes or corrections are necessary, two sets will be returned to the Contractor with such corrections noted thereon, and he shall resubmit revised prints.

(b) Shop drawings shall be marked with the contract number and Work Order Number, project description, name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the contract requirements because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal.

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

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

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

(e) The quantity of shop drawings required are subject to change. This will occur only when the Government is under contract with an A-E firm to approve shop drawings. In this respect, A-E will coordinate final quantity required between all interested parties.

Upon approval of Shop Drawings, a legible electronic copy (either CD or USB Flash drive and uploaded to share point site) in pdf format shall be provided to the Project Team.

H.10

LIST OF MATERIALS

(a) The Contractor shall submit for approval a complete list, in quadruplicate, of brands, type, and make of various equipment and materials proposed to be used. If the Contractor fails to submit such a list, or names of equipment which does not comply with the specifications, or if the manufacturers named are unsatisfactory, the Government reserves the right to reject same and to select satisfactory substitute materials. This selection shall be final and finding upon the Contractor, and the work shall be installed on this basis without change in contract price.

(b) In order to properly identify and to prove compliance with the requirements of the specifications, the Contractor shall give the following data for each product included in the list of materials:

Section heading of the specifications under which material is specified.

Manufacturer’s name and address.

Grade, type, trade or catalog number.

Size, capacity, and other pertinent data.

(c) All materials, fixtures, and equipment furnished and installed under this contract shall be new and of the best quality; shall be standard cataloged products or reputable manufacturers products or of special manufacture, satisfying completely the contract requirements.

(d) Similar items, unless otherwise specified herein or approved by the Contracting Officer, shall be the product of the same manufacturer, and those fulfilling the same requirements as to size and construction shall be identical.

(e) Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict contractor to brand specified; however, any substitution must be met with approval of the Contracting Officer. Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

H.11

PROPERTY DAMAGE LIABILITY INSURANCE

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

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

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

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1

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

This contract incorporates the following 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 these addresses: Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm and Agricultural Acquisition Regulation (AGAR): http://farsite.hill.af.mil/VFagara.HTM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER

52.204-7

OCT 2016

SYSTEM FOR AWARD MANAGEMENT

52.204-9

JAN 2011

PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.204-10

OCT 2016

REPORTING EXECUTIVE COMPENSATION

AND FIRST-TIER SUBCONTRACT AWARDS

52.204-12

Oct 2016 Data Universal Numbering System Number Maintenance 52.204-13

OCT 2016

System for Award Management Maintenance

52.209-6

OCT 2015

PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

52.215-17

OCT 1997

WAIVER OF FACILITIES CAPITAL COST OF MONEY

52.219-28

JUL 2013

POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION

52.222-3

JUN 2003

CONVICT LABOR

52.222-6

MAY 2014

CONSTRUCTION WAGE RATE REQUIREMENTS

52.222-7

MAY 2014

WITHHOLDING OF FUNDS

52.222-8

MAY 2014

PAYROLLS AND BASIC RECORDS

52.222-9

JUL 2005

APPRENTICES AND TRAINEES

52.222-10

FEB 1988

COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

52.222-11

MAY 2014

SUBCONTRACTS (LABOR STANDARDS)

52.222-12

MAY 2014

CONTRACT TERMINATION – DEBARMENT

52.222-13

MAY 2014

COMPLIANCE WITH CONSTRUCTION WAGE

RATE REQUIREMENTS AND RELATED REGULATIONS

52.222-14

FEB 1988

DISPUTES CONCERNING LABOR STANDARDS

52.222-15

MAY 2014

CERTIFICATION OF ELIGIBILITY

52.222-21

APR 2015

PROHIBITION OF SEGREGATED FACILITIES

52.222-26

SEP 2016

EQUAL OPPORTUNITY

52.222-27

APR 2015

AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION

52.222-36

JUL 2014

AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-50

MAR 2015

COMBATING TRAFFICKING IN PERSONS

52.222-62

JAN 2017

Paid Sick Leave Under Executive Order 13706 52.223-2

SEP 2013

AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS

52.223-5

MAY 2011

POLLUTION PREVENTION AND RIGHT-TO-

KNOW INFORMATION

52.223-6

MAY 2001

DRUG-FREE WORKPLACE

52.223-17

MAY 2008

AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

52.223-18

AUG 2011

ENCOURAGING CONTRACTOR POLICY TO BAN

TEXT MESSAGING WHILE DRIVING

52.225-13

JUN 2008

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.227-1

DEC 2007

AUTHORIZATION AND CONSENT

52.227-2

DEC 2007

NOTICE AND ASSISTANCE REGARDING

PATENT AND COPYRIGHT INFRINGEMENT

52.227-4

DEC 2007

PATENT INDEMNITY – CONSTRUCTION CONTRACTS

52.232-5

MAY 2014

PAYMENTS UNDER FIXED-PRICE

52.232-17

MAY 2014

INTEREST

52.232-23

MAY 2014

ASSIGNMENT OF CLAIMS

52.232-27

JAN 2017

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

52.232-33

JUL 2013

PAYMENT BY ELECTRONIC FUNDS TRANSFER –

SYSTEM FOR AWARD MANAGEMENT

52.232-39

JUN 2013

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

52.233-1

MAY 2014

DISPUTES

52.233-3

AUG 1996

PROTEST AFTER AWARD

52.233-4

OCT 2004

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

52.236-26

FEB 1995

PRECONSTRUCTION CONFERENCE

52.244-6

JAN 2017

SUBCONTRACTS FOR COMMERCIAL ITEMS

52.246-21, Alt I

APR 1984

WARRANTY OF CONSTRUCTION

52.249-1, ALT I

APR 1984

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE) (SHORT FORM)

52.249-10

APR 1984

DEFAULT (FIXED-PRICE CONSTRUCTION)

52.253-1

JAN 1991

COMPUTER GENERATED FORMS

I.2 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (AGAR 452.209–71) (DEVIATION 2012-01) (FEB 2012) (PA 104 A)

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA, Agriculture Research Service (ARS), may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

I.3

NOT USED

I.4

BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FAR 52.225-9) (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: _none__

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] I.5

NOT USED

I.6

NOT USED

I.7

ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule

(2) Representations and other instructions

(3) Contract clauses

(4) Other documents, exhibits, and attachments

(5) The specifications

(6) The drawings

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1

LIST OF ATTACHMENTS

NUMBER

ATTACHMENT NO.

OF PAGES

I

Wage Determination(s):

General Decision Number: MD44 06/26/2020 x

II

Statement of Work and Specifications

III

Drawings

NOTICES

Attachment I: If any of the Department of Labor (DOL) wage rates are below the federal Minimum Wage, Fair Labor Standards Act (FLSA) rate, the FLSA rate shall take precedence.

** Attachments II & III: See Statement of Work/Specifications and Drawing Packages.

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

L.1 CONTRACT PROVISIONS INCLUDED BY FULL TEXT:

FAR 52.216-1--Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

FAR 52.222-5 – Construction Wage Rate Requirements - Secondary Site of the Work (May 2014)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage

Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

FAR 52.233-2-- Service of Protest (Sep 2006)

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office

(GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USDA/ARS/NEA

ATTN: Mark O. Volk

1815 North University Street

Peoria, IL 61604

Mark.Volk@usda.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.236-27 -- Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions

Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Alternate I (Feb 1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic provision:

(b) An organized site visit has been scheduled for --

By appointment only

John Blunt Acting Utility Manager

USDA,ARS,NEA,BARC

10300 Baltimore Ave., Beltsville MD 20705

BLDG 426A, Room 101

Office: 301-504-8025

Mobile: 410-615-4877 AGAR Provisions

AGAR 452.204-70 Inquiries (Feb 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the

Contracting Officer. Offerors should contact only the contracting officer issuing the solicitation about any aspect of this requirement prior to contract award.

AGAR 452.209-70 Representation by Corporations Regarding and Unpaid Delinquent Tax Liability or a Felony Conviction (DEVIATION 2012-01) (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that:

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern

Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin

Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked ¿is not¿ above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or

State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

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

-- NAICS Code 236220

-- Size Standard $36.5 Mil

AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

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

L.2 CONTRACT PROVISIONS INCLUDED BY REFERENCE:

FAR 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar (FAR) http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR)

FAR 52.204-6 Data Universal Numbering System Number (Oct 2016)

FAR 52.204-7 -- System for Award Management (Oct 2018)

FAR 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.207-1 -- Notice of Standard Competition (May 2006)

FAR 52.215-1 -- Instructions to Offerors-Competitive Acquisition (Jan 2017) Alternate I (OCT 1997)

FAR 52.215-16 -- Facilities Capital Cost of Money (JUNE 2003)

FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016)

L.3 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS PROPOSAL MATERIALS: Solicitation materials consisting of drawings, specifications, contract forms and any issued amendments. will be posted at www.fbo.gov. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ solicitation materials are available.

PROPOSAL SUBMISSION: The following documents are to be included in the proposal submission:

· one (1) original fully completed and signed Bid Form, acknowledgment of amendments

· one (1) original completed bid schedule if one is provided,

· one (1) original completed/signed SF 24 Bid Bond (if required)

· one (1) completed Representations and Certifications (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7),

· Calculation of Self-Performed Work

· and Contractor EMR Certification;

Offerors are responsible for insuring and verifying their offer and all required proposal documents are received at the office designated and by the date and time specified.

PROJECT INFORMATION

PROJECT TITLE: Replace and repair Pump Station 1286 Systems

PROJECT LOCATION:

Beltsville Agricultural Research Center

Utility Management Unit

Building 426A, Room 101 BARC-East

10300 Baltimore Avenue

Beltsville, Maryland 20705-2305 MAGNITUDE OF CONSTRUCTION: Between $ 100,000 and $250,000

TYPE CONSTRUCTION: Commercial/Industrial

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: (NAICS): 236220

SMALL BUSINESS SIZE STANDARD: $36.5M

PERIOD OF PERFORMANCE: 120 calendar days from receipt of Notice to Proceed.

WAGE DETERMINATION: DOL General Decision Number MD20200044 06/26/2020 is included as an attachment to solicitation and is applicable to any resultant contract. Wage decisions are available at http://www.wdol.gov/Index.aspx.

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI via email to Mark.Volk@usda.gov. The subject line of the email must read ‘RFI – 12305B20Q0007’. RFI responses will be posted to www.fbo.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business July 10, 2020. No questions will be answered after this date unless determined to be in the best interest of the Government. Telephone RFI will not be accepted or returned.

TYPE OF SET-ASIDE: THIS SOLICITATION IS A 100% SET-ASIDE FOR Service Disabled Veteran Owned Small Business.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management

(SAM) is the Official U.S.