SF 1442 with Provisions and Clauses.pdf

SOLICITATION 12505B21Q0177

Ames, IA

AE Svc. Hay Barn

B - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B. l SCOPE OF CONTRACT

B.2 SCHEDULE OF ITEMS

B.3 PERFORMANCE TIME

C - SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C. l GENERAL INTENTION

C.2 DESCRIPTION OF WORK

C.3 BIOBASED REQUIREMENTS

C.4 TOOLS AND EQUIPMENT

C.5 CONTRACT CLAUSES INCLUDED BY FULL TEXT

D - SECTION D - PACKAGING AND MARKING

E - SECTION E- INSPECTION AND ACCEPTANCE

E.l CONTRACT CLAUSES INCLUDED BY FULL TEXT

E.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.3 FINAL INSPECTION

E.4 FINAL ACCEPTANCE

F - SECTION F - DELIVERIES OR PERFORMANCE

F.l CONTRACT CLAUSES INCLUDED BY FULL TEXT

F.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE

G - SECTION G - CONTRACT ADMINISTRATION DATA

G.l CONTRACTING OFFICER'S REPRESENTATIVE

G.2 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

G.3 INVOICE PREPARATION AND SUBMISSION

H - SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

H.2 CONTRACT CLAUSES INCORPORA TED BY REFERENCE

H.3 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

H.4 UTILITIES OUTAGE

H.5 COOPERATION WITH OTHER CONTRACTORS

H.6 SUBMITTALS AND SHOP DRAWINGS

H.7 LIST OF MATERIALS

H.8 PROPERTY DAMAGE LIABILITY INSURANCE

H.9 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

H.l O BIOBASED PRODUCTS

H.11 ENERGY EFFICIENCY

I - SECTION I- CONTRACT CLAUSES

1.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

1.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE:

J - SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

K- SECTION K-REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.l CONTRACT CLAUSES INCLUDED BY FULL TEXT

K.2 CONTRACT PROVISIONS INCORPORATED BY REFERENCE

K.3 DUPLICATION OF COST

L - SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L. l CONTRACT PROVISIONS INCLUDED BY FULL TEXT

L.2 CONTRACT PROVISIONS INCORPORATED BY REFERENCE

L.3 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS

M - SECTION M - EVALUATION FACTORS FOR AWARD ........................................................................ 4 7 M.l CRITERIA FOR EVALUATING PROPOSALS

M.2 BASIS FOR AWARD

B - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all labor, materials, equipment, supplies, transportation , utilities , and supervision for complete design and construction of miscellaneous animal room repairs to include the pig pen system, water pressure improvements, waste handling system, heating system, and lighting in accordance with the clauses, specifications, drawings, attachments, and other terms and conditions set forth herein.

B.2 SCHEDULE OF ITEMS

Item# Description Price/Cost

A/E Services, Hay Barn $

B.3 PERFORMANCE TIME

Base Item: 2 80 calendar days after Notice to Proceed is issued.

End of Section

C - SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GENERAL INTENTION

C.1.1 It is the intention of this contract to design a new hay barn.

C.1.2 NCAH, ARU, Ames, Iowa

C.2 DESCRIPTION OF WORK

The design shall provide construction documents to construct a building to be used as a hay barn and modify a building for hay storage. This building will be utilized to store feed and should include office space, temperature-controlled feed storage, restroom, bagged feed storage and hay cube storage.

C.2.1 Permits and Licenses. Pursuant to FAR 52.236-7 Permits and Responsibilities, the Contractor shall obtain all required permits, licenses, and authorizations to perform work under this contract and comply with all the applicable Federal, state, and local laws and regulations.

C.2.2 Directives, Instructions and References. Only the Contracting Officer shall issue directives /instructions defining the roles and responsibilities and appointment of a Contracting Officer Representative (COR); Location Monitor (LM); Project Manager (PM); Occupational Health & Safety Manager and/or any other functional appointment as deemed necessary for the scope of work.

C.2.3 The Contractor shall manage the total work effort associated with the services required in each task order to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

The Contracting Officer may at any time require samples, Material Safety Data Sheets (MSDS) or manufacturer's data cut sheets of materials used in this contract.

C.2.4 Management. The Contractor shall manage the total work effort associated with the services required to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

C.2.5 Service Interruptions/Utility Outages. If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer Representative ten calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor shall notify the Contracting Officer Representative as soon as practicable. At a min imum , include the location of the outage, utilities being affected, duration of outage and any necessary sketches. Once approved, and prior to beginning work on the utility system requiring shut down, attend a pre-outage coordination meeting with the Contracting Officer to review the scope of work and the lock-out/tag-out procedures for worker protection. No work will be performed on energized electrical circuits unless proof is provided that no other means exist.

C.2.6 Key Personnel. The Contractor shall confinn to the Contracting Officer the List of Key Personnel and their qualifications provided as part of the proposal. The contractor will provide any additional information requested by the Contracting Officer to certify their qualifications.

C.2.7 Employee Requirements. The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each task order.

C.2.8 OSHA training requirements shall be strictly enforced prior to the commencement of work. The job superintendent must be an OSHA certified "competent person" with 30 hours of training and all other employees working on the project must have a minimum of 10 hours of OSHA training.

C.2.9 The job superintendent/OSHA certified competent person needs to be on site at all times when work is being done.

C.2.10 Employee Conduct. Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

C.2.11 Employee Appearance. The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer reserves the right to determine the acceptability of any clothing worn. All Contractor/Subcontractor employees working under this contract shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment.

Employee identification shall not be substituted for required passes or badges.

C.2.12 Removal of Employees. The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of Agricultural Research Service.

C.3 BIOBASED REQUIREMENTS

The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA Bio Preferred’s minimum biobased content level. Visit the Bio Preferred website (www.biopreferred.gov) for the complete list of designated products and the associated minimum biobased content level requirements.

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002, the Food Conservation and Energy Act of 2008, the Agricultural Act of 2014, and the Federal Acquisition Regulation to provide biobased products. The Contractor shall also comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, contained in Section I. The Contractor shall also comply with the provision at FAR 52.223-1, Biobased Product Certification, contained in Section K.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased erosion control materials, biobased composite panels, biobased roof coatings, biobased insulating foam, biobased interior paints and coatings, and biobased wood and concrete sealers). All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

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

Adhesive and Mastic Removers - 58 percent Asphalt and Tar Removers - 80 percent Asphalt Restorers - 68 percent Carpet - 7 percent Carpet and Upholstery Cleaners - 54 percent and Spot Removers - 7 percent Composite Panels - Acoustical - 37 percent; Interior Panels - 55 percent; Plastic Lumber - 23 percent; Structural Interior Panels - 89 percent; Structural Wall Panels - 94 percent and Countertops and Solid Surface-_ 89 percent Concrete and Asphalt Cleaners - 70 percent Concrete and Asphalt Release Fluids - 87 percent Dust Suppressants - 85 percent Erosion Control Materials - 77 percent Floor Coverings (Non Carpet) - 91 percent General Purpose Cleaners - 54 percent Hand Soaps and Cleaners - 64 percent Industrial Cleaners - 41 percent Insulating Foam - 7 percent

Leather, Vinyl, and Rubber Care Products - 55 percent Paint- Interior Paints and Coatings, Latex - 20 percent and Oil-based - 67 percent Paint Removers - 41 percent Roof Coatings - 20 percent Wastewater Systems Coatings - 47 percent Water Tank Coatings - 59 percent Wood and Concrete Sealers - Membrane Concrete Sealers- 11 percent and Penetrating Liquids - 79 percent Wood and Concrete Stains - 39 percent

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

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

C.4 TOOLS AND EQUIPMENT

This is a representative listing of tools and equipment that apply to the various trades. These items are indicative of, but not limited to, those that the Contractor is expected to provide as part of normal overhead cost:

Airlines (drop line) All hand tools Awl Axes Brushes Barricades, Safety Bolt cutters Barrier tape Broom Cable cutters Cable pulling equipment (handheld) Cable pullers/Hoist (handheld) Can Opener Caulking/Yarning Irons Calking Gun Chalk line Chain Saw Chisels Clamps Cleaning Equipment (handheld) Compressor (sized as required to run tools) Conduit bender Crow Bars Dividers Drift Pins Drill, pneumatic Drill, pneumatic bits (up to 1 ¼ dia.)

Drill, Motors (handheld) Drill, Bits Drill, Hole Saw http://www.abilityone.gov/

Drill, Rotary hammer (up to 1 ¼ dia.)

Extension Cords Files Fish tapes Gloves Flashlights Floats (handheld) Groover, Pipe (handheld) Hacksaws Hot Tap (handheld) Hammers, hand Hammers, chipping Hammer, Jack Industrial Vacuum and Hepa Vac Jack, Hydraulic (12 tons or less) Knives Ladders (step to 12' and extension to 24') Lead Pot and Ladle Levels Levels, Builders Level, laser Lighting, Temporary (up to 6 each) Nailer, Pneumatic Nail Sets Picks Planes (handheld) Planes, Electric (handheld) Pliers Power Actuated Fastening Tools Plumb Bob Pot Hook Personal Protective Equipment Punches Rake Rasps (files) Reinforcing steel, Shear and Bender (handheld) Rivet Sets (Light, handheld) Rollers-Flooring Rules Safety Equipment (Personal Protective Equipment) Safety fencing (orange plastic) Sanders (handheld) Saws, Hand Saws, Electric Hand, Circular Saws, Electric Hand, Reciprocating Saws, Backsaws and Miter Box Saws, Power Miter Box Sawhorses Scaffolding, Portable, (8'table height) Scrapers (handheld) Screw Drivers Screw Drivers, Electric Scribers Shears (handheld) Shovels Sledgehammers Squares Staplers, Air/Hand Steel Framing Tools, Lightweight Steel Framing Tampers (handheld, non-powered) Tapelines Tarpaulins (12' X 24", maximum of 5 each) Temporary lighting (400 square feet) Tin Snips Torch, hand Torch lgniters Trash Receptacles (35/gallon, 4 each) Trowels (non-powered, handheld) Toolboxes (personal)

Traffic cones Tubing Cutters (handheld, non-powered) Vacuum, wet/dry (5 gal) Vehicles (up to 1.5 ton) Vice Voltmeter, volt/ohm meter Wheelbarrow (non-powered) Wire Strippers Wrenches

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

C.5 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.

AGAR 452.211-74- Period of Performance (Feb 1988)

The period of performance of this contract is from approximately September 1, 2021 through approximately June 30, 2022.

D - SECTION D - PACKAGING AND MARKING

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

E - SECTION E- INSPECTION AND ACCEPTANCE

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 at West Lafayette, Indiana.

(End of clause)

E.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.3 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract 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 ins pection, the contractor may be charged with any additional cost ofre-inspection 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) 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.4 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all work required by the contract is determined to be complete and all requisite contract deliverables (e.g., as- built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

F - SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

52.211-10 - Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to:

(a) commence work under this contract within 7 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 280 calendar days after the Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises.

F.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.242-14 Suspension of Work (Apr 1984)

G - SECTION G- CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

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

G.2 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR

PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

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

G.3 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice via email to kristen.turner@usda.gov.

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

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

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

8. Contractor Certification, and updated CPM Schedule.

Once the paper invoice has been approved by the Contracting Officer, the Contractor shall submit the invoice electronically through the Invoice Processing Platform (IPP) at www.ipp.gov.

http://www.cpars.gov/ mailto:kristen.turner@usda.gov.

http://www.ipp.gov/

H - SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.236-71 - Prohibition Against the Use of Lead-Based Paint (Nov 1996)

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

AGAR 452.236-72 - Use of Premises (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 work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

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.

AGAR 452.236-74 - Control of Erosion, Sedimentation, and Pollution (Nov 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the

Contracting Officer.

AGAR 452.237-74 - Key Personnel (Feb 1988)

(a) The contractor shall assign to this contract the following key personnel:

Site Superintendent

(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.

H.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.236-1

FAR 52.236-2

FAR 52.236-3

FAR 52.236-6

FAR 52.236-8

FAR 52.236-9

FAR 52.236-10

FAR 52.236-11

FAR 52.236-12

FAR 52.236-13

FAR 52.236-14

FAR 52.236-15

FAR 52.236-17

FAR 52.236-21

Performance of Work by the Contractor (Apr 1984) Differing Site Conditions (Apr 1984) Site Investigation and Conditions Affecting the Work (Apr 1984) Superintendence by the Contractor (Apr 1984) Other Contracts -- (Apr 1984) Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) Operations and Storage Areas (Apr 1984) Use and Possession Prior to Completion (Apr 1984) Cleaning Up (Apr 1984) Accident Prevention (Nov 1991) Availability and Use of Utility Services (Apr 1984) Schedules for Construction Contracts (Apr 1984) Layout of Work (Apr 1984) Specifications and Drawings for Construction (Feb 1997)

H.3 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.4 COOPERATION WITH OTHER CONTRACTORS

During the period of 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 progress of all concerned, all contractors shall cooperate with each other and coordinate their 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.5 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance-Work on a Government Installation, is in full compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government's rights and remedies under any other clause in this contract or other Federal regulation or law.

Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government's rights, the Contractor shall be responsible for the full amount of any damages that occur to the immediate facilities , adjacent facilities /property, and other Government property under the control of the Contractor due to fraud, negligence, vandalism, willful misconduct , or violation of Federal, state, or local safety regulations, building codes and laws. The Contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the Contractor. For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct , or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the Contractor. This liability and responsibility includes the activities of all the Contractor's personnel, their subcontractors and suppliers.

H.6 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULT ANTS

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

H.7 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.xhtm l for the complete list of designated products and the associated minimum bio-based content level requirements.

H.l 1 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."

http://www.energystar.gov/

I - SECTION I - CONTRACT CLAUSES

1.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

FAR 52.222-35 - Equal Opportunity for Veterans (Jun 2020)

(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 Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.S(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 valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, 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.

FAR 52.222-36 - Equal Opportunity for Workers With Disabilities (Jun 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.S(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 the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, 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.

FAR 52.223-9 - 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 postconsumer material content; and

(2) Submit this estimate to the Contracting Officer.

AGAR 452.209-71 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (Feb 2012)

(a) This award is 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. 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, ARS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

AGAR 452.215-73 – Post-award Conference (Nov 1996)

A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held via teleconference.

AGAR 452.222-70- Combating Race and Sex Stereotyping (Deviation Nov 2020)

(a) Definitions. As used in this clause-

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 also apply to E.O. 13950. See

FAR 22.807.

(c) Compliance with E. 0. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph

(b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that-

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers' representative of the Contractor's commitments under this clause , and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that-

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice, the terms-

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPCompla intHot line@dol.gov .

(End of notice)

(e) Noncompliance. If the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.

0. 11246, as amended. In addition, sanctions may be imposed, and remedies invoked against the Contractor as provided in E. 0. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(t) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (t), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246 and E.O. 13950, as amended, so that these terms and conditions of this clause will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

mailto:OFCCPComplaintHotline@dol.gov

I.2 CLAUSES INCORPORATED BY REFERENCE

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) FAR 52.204-13 System for Award Management Maintenance (Oct 2016) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) FAR 52.211-12 Liquidated Damages -- Construction (Sept 2000) FAR 52.211-13 Time Extensions (Sept 2000) FAR 52.214-29 Order of Precedence -- Sealed Bidding (Jan 1986) FAR 52.215-8 Order of Precedence -- Uniform Contract Format (Oct 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-6 Construction Wage Rate Requirements (May 2014) FAR52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (May 2014) FAR 52.222-9 Apprentices and Trainees (Jul 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination -- Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sep 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.228-2 Additional Bond Security (Oct 1997) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014 FAR 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-16 Progress Payments (Apr 2012) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) FAR 52.233-3 Protest after Award (Aug. 1996) FAR 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) FAR 52.244-6 Subcontracts for Commercial Items (Jan 2017) FAR 52.248-3 Value Engineering-Construction (OCT 2015) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

J - SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

ATTACHMENT NO. TITLE #OF PAGES

1 *Wage Determination 2015-4975 dated 06/17/2021 11 2 Statement of Work 75

3 Project Requirements Document 12

NOTICES

* Attachment 1: 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.

K - SECTION K- REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

FAR 52.204-8-Annual Representations and Certifications (Jul 2020)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 541310.

(2) The small business size standard is $8 Million.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation .

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203- 18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with inverted Domestic Corporations- Representation.

(viii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitation that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the…