Sol_12805B20Q0081.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1005865

USDA ARS PA AAO ACQ/PER PROP

2150 CENTRE AVENUE

BLDG D, SUITE 300

FORT COLLINS CO 80526

ARS-12805B

EDWARD NEEDENS 970-492-7030

107/16/2020

12805B20Q0081

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

A. Project Title: Roof Replacement, Stillwater, OK.

B. Competition is set aside 100% for Total Small Business. Applicable NAICS code is

238160 Roofing Contractors.

C. In accordance with Federal Acquisition Regulation (FAR) 36.204 the magnitude of this construction project is between $100,000-$250,000

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

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

F. Please reference Section L for quote submission package requirements to be emailed to Edward.Needens@usda.gov.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

08/14/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA ARS PA AAO ACQ/PER PROP

2150 CENTRE AVENUE

BLDG D, SUITE 300

FORT COLLINS CO 80526

ARS-12805B

KELLY D. WRIGHT

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12805B20Q0081

ARS-17 Roof Replacement

Asset ID No. 621700B017

0001 ARS-17 Roof Replacement

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

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

C - SECTION C - Description/Specifications/Statement of Work

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

F - SECTION F - Deliveries or Performance

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

I - SECTION I - Contract Clauses/Provisions

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

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

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

M - SECTION M - Evaluation Factors for Award

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

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all labor, materials, equipment, supplies, transportation, utilities, and supervision for complete construction of the following 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

0001 Replace Roof Coating System on Building 17, $ Plant Science Office / Lab 17 in Stillwater, OK

PLEASE ROUND TO THE NEAREST DOLLAR, DO NOT USE CENTS.

CONTRACTOR DUNS#:

B.3 PERFORMANCE TIME

To be completed in 365 Days After Award

End of this section

C - SECTION C - Description/Specifications/Statement of Work

C.1 Description of work: Please reference Section J, Attachment Scope of Work (SOW).

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 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.

C.2.4 Employee Conduct Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

C.2.5 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.2.5 Bonding.

For any award between $35,000 and $150,000 (FAR 28.102-2 (2)(c)) a Payment Bond will be required .

Payment for bond premiums in accordance with Clause 52.232-5, Payment under Fixed-Price construction contracts, shall not be in addition to the contract price. Proof of ability to obtain a payment bond is a required part of the task order proposal submission. For any award exceeding $150,000, Payment Security shall be provided in accordance with Clause 52.228-15 (DEVIATION MAY 2020).

C.2.6 BioPreferred requirements The Contractor must comply with Sections 9002 of the Farm Security and Rural Investment Act of 2002; the Food Conservation and Energy Act of 2008; and 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 ContractingOfficer Representative (COR).

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

Adhesive and Mastic Removers – 58 percent Asphalt and Tar Removers - 80 percent Asphalt Restorers – 68 percent

Carpet – 7 percent Carpet and Upholstery Cleaners – 54 percent and Spot Removers – 7 percent Composite Panels – Acoustical – 37 percent; Interior Panels – 55 percent; Plastic Lumber – 23 percent; Structural Interior Panels – 89 percent; Structural Wall Panels – 94 percent and Countertops and Solid Surface -_ 89 percent Concrete and Asphalt Cleaners – 70 percent Concrete and Asphalt Release Fluids – 87 percent Dust Suppressants – 85 percent Erosion Control Materials – 77 percent Floor Coverings (Non Carpet) – 91 percent General Purpose Cleaners - 54 percent Hand Soaps and Cleaners – 64 percent Industrial Cleaners – 41 percent Insulating Foam – 7 percent Leather, Vinyl, and Rubber Care Products – 55 percent Paint- Interior Paints and Coatings, Latex – 20 percent and Oil-based – 67 percent Paint Removers – 41 percent Roof Coatings – 20 percent Wastewater Systems Coatings – 47 percent Water Tank Coatings – 59 percent Wood and Concrete Sealers – Membrane Concrete Sealers- 11 percent and Penetrating Liquids – 79 percent Wood and Concrete Stains – 39 percent

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

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

C.3 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

AGAR 452.211-72 Statement of Work/Specifications As prescribed in 411.171, insert the following clause:

Statement of Work/Specifications (Feb 1988)

Performance Work Statement is attached to this solicitation.

(End of Clause)

AGAR452.211-74 Period of Performance.

As prescribed in 411.404(a), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is to be completed 365 Days After Award.

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 As prescribed in 446.370, insert the following clause:

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: location of construction site

(End of clause)

E.2 CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.246-12 -- Inspection of Construction (Aug 1996)

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 inspection, the contractor may be charged with any additional cost of re-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) The Contractor's request for final inspection will not be approved unless all documentation required below, and all other contract requirements have been provided to the Contracting Officer:

-Guarantees and warranty schedule and contacts -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 o f 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 construction required by the contract is determined to be complete and all requisite contract deliverables (e.g., certified payroll records, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee

F - SECTION F - Deliveries or Performance

F.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

52.211-10 -- Commencement, Prosecution, and Completion of Work.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to

(a) commence work under this contract within 10 calendar Days After Award,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use within 365 Days After Award. The time stated for completion shall include final cleanup of the premises.

F.2 CONTRACT CLAUSES INCLUDED 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) will be designated for this contract award.

G.2 Contractor Performance Information and Contractor Performance Assessment Reporting System

(CPARS) (PA 96 SEP 21, 2010) FAR 42.1502

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

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

G.3 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice to the following address:

Email to Edward.Needens@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 Invoicedate.

3. Contract number.

4. Description of work and period of performance.

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

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

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

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records, Contractor Certification, and updated CPMSchedule.

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:Edward.Needens@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

As prescribed in 436.571, insert the following clause:

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

As prescribed in 436.571, insert the following clause

USE OF PREMISES (NOV 1996)

(1) 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.

AGAR 452.237-74 -- KEY PERSONNEL (FEB 1988)

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

Title(s): Name(s):

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 INCLUDED BY REFERENCE:

None.

H.3 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 days after the date of receipt of award, the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372, it will be the basis for Requests for Partial Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as establishing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor.

(b) Samples of both ARS Forms 371 and 372 are available upon request. A supply of these forms together with instruction for completion of ARS Form 371 will be mailed to the contractor with the Notice of Award.

(c) ARS Form 371 is required even though progress or partial payments are not requested.

(d) The need by an offeror for partial or progress payments, when authorized in the payment provisions of this request for quote, will not be treated as a handicap in making the award.

H.4 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.5 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.6 SUBMITTALS AND SHOP DRAWINGS (IF REQUIRED)

(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.

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

(f) 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.

H.7 LIST OF MATERIALS (IF REQUIRED)

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

(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 bethe 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.8 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.9 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

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

I - SECTION I - Contract Clauses/Provisions Clauses/Provisions

I.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT:

FAR 52.222-36 – Equal Opportunity for Workers With Disabilities As prescribed in 22.1408(a), insert the following clause:

Equal Opportunity for Workers With Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

FAR 52.225-9 -- Buy American–Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

Buy American–Construction Materials (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, inthe 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 non-availability 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, exceptas 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 tothe 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 constructionmaterials 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 theconstruction 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 adetermination.

(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, useof 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 Construction material description Unit of measure Quantity Price (dollars) *

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

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

As prescribed in 428.310, insert the following clause:

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance in the amount of $500,000 per occurrence.

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

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

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction As prescribed in 432.111, insert the following clause:

REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE CONSTRUCTION CONTRACTS

(NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

AGAR 452.236-76 Samples and Certificates.

As prescribed in 436.576, insert the following clause:

SAMPLES AND CERTIFICATES (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.

I.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (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 address(es):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

CONTRACT CLAUSES INCLUDED BY REFERENCE:

FAR 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) FAR 52.204-12 -- Data Universal Numbering System Number Maintenance (Oct 2016) FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 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 52.211-13 -- Time Extensions (Sept 2000) FAR 52.219-6 -- Notice of Total Small Business Set-Aside (Mar 2020) FAR 52.219-14 -- Limitations on Subcontracting (Jan 2017) FAR 52.219-28 --Post-Award Small Business Program Representation (Jul 2013) FAR 52.222-1 -- Notice to the Government of Labor Disputes (Feb 1997) FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-6 -- Construction Wage Rate Requirements (Aug 2018) FAR52.222-7 -- Withholding of Funds (May 2014) FAR 52.222-8 -- Payrolls and Basic Records (Aug 2018) 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 52.222-20 -- Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 (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 (Jan 2019) 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 52.223-12 – Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners. (Jun 2016) FAR 52.223-15 -- Energy Efficiency in Energy-Consuming Products (Dec 2007) FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13 -- Restriction on Certain Foreign Purchases (Jun2008) FAR 52.227-4 -- Patent Indemnity -- Construction Contracts (Dec2007) FAR 52.228-2 -- Additional Bond Security (Oct 1997) FAR 52.228-11 -- Pledges of Assets (Aug 2018) (DEVIATION May 2020) FAR 52.228-12 -- Prospective Subcontractor Requests for Bonds (May 2014) FAR 52.228-13 -- FAR 52.228-14 -- Irrevocable Letter of Credit (Nov 2014) FAR 52.228-15 – Performance and Payment Bonds – Construction (DEVIATION May 2020) 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) http://www.acquisition.gov/?q=browsefar

FAR 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (DEVIATION Apr

2020) 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 52.236-1 -- Performance of Work by the Contractor (Apr 1984) FAR 52.236-2 -- Differing Site Conditions (Apr 1984) FAR 52.236-3 -- Site Investigation and Conditions Affecting the Work (Apr 1984) FAR 52.236-5 -- Material and Workmanship (Apr 1984) FAR 52.236-6 -- Superintendence by the Contractor (Apr 1984) FAR 52.236-7 -- Permits and Responsibilities (Nov 1991) FAR 52.236-8 -- Other Contracts -- (Apr 1984) FAR 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr

1984) FAR 52.236-10 -- Operations and Storage Areas (Apr 1984) FAR 52.236-11 -- Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 -- Cleaning Up (Apr 1984) FAR 52.236-13 -- Accident Prevention (Nov 1991) FAR 52.236-14 -- Availability and Use of Utility Services (APR 1984) FAR 52.236-15 -- Schedules for Construction Contracts (Apr 1984) FAR 52.236-17 -- Layout of Work (APR 1984) FAR 52.236-26 -- Preconstruction Conference (FEB 1995) FAR 52.243-4 -- Changes (Jun 2007) FAR 52.243-5 -- Changes and Changed Conditions (Apr 1984) FAR 52.244-6 -- Subcontracts for Commercial Items (Aug 2019) FAR 52.246-21 -- Warranty of Construction (MAR 1994) 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)

(END CLAUSES BY REFERENCE)

Note: In addition to the requirements of FAR 52.223-2; The contractor shall report to the environmental point of contact, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the contractor during the previous fiscal year.

• The report must be submitted no later than October 31 of each year during contract performance and atthe end of contract performance.

• The environmental point of contact for all USDA Agencies is:

Karen Zhang Karen.Zhang@dm.usda.gov Phone: 202-401-4747

• Biobased reporting shall completed by following the instructions provided in the System for Award Management (SAM).

(END PROVISIONS BY REFERENCE)

I.1 CONTRACT PROVISION INCLUDED BY REFERENCE:

FAR 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY…