Sol_12805B24R0001.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)

USDA ARS PA AAO ACQ/PER PROP

2150 CENTRE AVENUE

BLDG D, SUITE 300

FORT COLLINS CO 80526

ARS-12805B

DAVID REYNOLDS 785-712-3229

1x 08/02/2024

12805B24R0001

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

A. Project Title: Job Order Contract (JOC) Indefinite Quantity Indefinite Delivery

(IDIQ) - National Bio Agro-Defense Facility (NBAF) Manhattan, KS.

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

236220 Commercial and Institutional Building Construction.

C. In accordance with the Federal Acquisition Regulation (FAR) 36.204, the magnitude of this contract is more than $10,000,000.00.

D. Prospective offerors shall complete blocks 14, 15, 19, and 20a-20c.

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 0 calendar days and complete it within ________________ ________________ calendar days after receiving

09/03/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA ARS PA AAO ACQ/PER PROP

2150 CENTRE AVENUE

BLDG D, SUITE 300

FORT COLLINS CO 80526

ARS-12805B

DAVID W. REYNOLDS

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12805B24R0001

Delivery: 09/15/2029

Delivery Location Code: ARS-126230-2

PA NATIONAL BIO AND AGRO-DEFENSE FA

1980 DENISON AVENUE

MANHATTAN KS 66502 US

0001 Facilities in Containment Normal Working Hours

Coefficient

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

0002 Facilities in Containment Other Than Normal

Working Hours Coefficient.

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

0003 Facilities out of Containment Normal Working

Hours Coefficient

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

0004 Facilities out of Containment Other than Normal

Working Hours Coefficient

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

0005 Non Pre-priced Task Coefficient

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 12805B24R0001 NBAF IDIQ Job Order Contract

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

B.1 SCOPE OF CONTRACT

The U. S. Department of Agriculture (USDA), Agricultural Research Service (ARS) National Bio and Agro- Defense Facility (NBAF), Manhattan, KS has a requirement for a single award Indefinite Delivery, Indefinite Quantity Contract (IDIQ) Job Order Contract (JOC) for construction projects that involve repair, maintenance, and alteration of all facilities located within the NBAF footprint at Manhattan, KS.

B.2 Minimum Guarantee

The Government will obligate the minimum opportunity to perform task orders in the amount, not to exceed the price of Attachment 15 with the first task order issued against this contract, as the minimum for the entire contract period. Minimum and Maximum ordering limits shall be in accordance with Federal Acquisition Regulation (FAR) 52.216-19, Ordering Limitations. The estimated CLIN quantities are not guaranteed but are realistic expectations based on past allocations and future projected funding allocations. The quantities specified in the Schedule are estimates only and are not purchased by this contract. If the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

B.3 Period of Performance

One (1) five-year ordering period from 9/16/2024 through 9/15/2029.

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 Description of Work

This project consists of furnishing all plant, labor, equipment, materials, and transportation and performing all work required for Job Order Contract (JOC). Work will be issued per individual Task Order (TO) using a Statement of Work (SOW) or Performance Work Statement (PWS). This work may include, but is not limited to framing, sheet rocking, painting, flooring, excavating, site grading, window glazing, concrete work, metal building erection and repairs, routine electrical, plumbing, roofing, landscaping, HVAC work and common to building construction and operation of general research laboratories.

The use of this single award Indefinite Delivery, Indefinite Quantity Contract (IDIQ) contract, NBAF will have the ability to execute a broad range of construction projects for maintenance, repair, or minor construction. Task Orders issued under this IDIQ will possibly stem from designs, or as specified and will be accompanied by a specific Task Order Scope of Work (SOW). All work performed shall be in accordance with industrial and commercial codes/standards.

C.1.1 Contract shall provide construction, repair, alteration, and maintenance for JOC projects by means of an IDIQ contract. The IDIQ contract shall be for one (1) five-year ordering period, for a total of sixty (60) months.

Performance shall be ordered through the issuance of individual Task Orders, through the process defined in C.2.

C.1.2 JOC Pricing Structure.

Contractor will propose the following coefficients:

1. Facilities in Containment Normal Working Hours Coefficient.

(Normal working hours are Monday – Friday, 8:00AM – 4:30PM CST)

2. Facilities in Containment Other Than Normal Working Hours Coefficient.

(Other Than Normal Working Hours are Monday – Friday, 4:30PM – 8:00AM CST, including Saturday - Sunday)

3. Facilities out of Containment Normal Working Hours Coefficient.

4. Facilities out of Containment Other than Normal Working Hours Coefficient.

(Other Than Normal Working Hours are Monday – Friday, 4:30PM – 8:00AM CST, including Saturday - Sunday)

5. Non Pre-priced Task Coefficient.

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

C.2.1 Ordering Period

The ordering period is identified in C.1.1, one (1) five-year ordering period for a total of sixty(60) months.

C.2.2 Period of Performance for Task Orders

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

C.2.3 Authority to place Task Orders

The Plains Area Administrative Office (PAAO) is delegated authority to award and administer task orders under this single award IDIQ. The ARS Procuring Contracting Officer (PCO) reserves the right to delegate this authority to other Contracting Officers within the PAAO. The Contracting Officer (CO) is an agent of the Government and the only official authorized to enter into a contract or binding agreement for the Government.

Any change to the contract will be made in writing via contract modification by the Contracting Officer. The Contract Administrator/Specialist/Buyer is the person responsible for administering this contract and reports to the CO, if other than the CO. Government representatives other than the CO are not authorized to take any action that alters the contract. The ARS Procuring Contracting Officer is responsible for the base contract, including any changes to terms and conditions.

C.2.4 Task Order Contracting Officers

The Task Order Contracting Officer is responsible for serving as the contracting focal point for coordination and awarding the task order for the end user; ensure the task order requirements are within the contract scope;

preparing any required Contract Performance Assessment Reporting System (CPARS) evaluations; execute any required task order modifications; perform any administrative or action associated with the issued task order;

and perform any potential required task order close outs.

C.2.5 Task Order Contracting Officer’s Representative

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

C.2.6 Task Order Statement of Work

The task order Statement of Work (SOW) shall identify the entire need and address those needs with statements describing the required design and construction in terms of output. The requirements should be stated in clear, concise, easily understood, and measurable terms. Requirements may allow the contractor latitude to work in a manner suited for innovation and creativity (within industry standards). At a minimum, the SOW should address the work performed, location of the work, period of performance, Notice to Proceed (NTP), performance and payment bonds, schedules, applicable standards, acceptable criteria, drawings and specifications, and any special requirements.

C.2.7 Funding.

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

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

C.2.8 Task Order Types

The single award construction IDIQ contract shall issue firm-fixed-price (FFP) task orders, after completion of any required negotiations. Task Orders will be awarded in accordance with FAR 16.505 Ordering.

C.2.9 Ordering Limitations

The Government’s guaranteed minimum obligation of an opportunity to perform under this contract not to exceed the price of Attachment 15 (for the entire ordering period). The minimum task order amount for construction projects covered by this contract shall not be an amount less than $2,000. The Government is not obligated to purchase, nor is the Contractor obligated to furnish requirements for less than this amount per FAR 52.216-19 Order Limitations. The maximum order the contractor is obligated to honor is (1) Any single Task Order in excess of $2,000,000; (2) Any Task Order for combination of items in excess of $2,000,000; or (3) A series of Task Orders issued within 30 days that together call for the quantities exceeding the limitation in (1) or (2).

C.2.10 Request for Task Order Proposal

Procedures for Ordering Work

• Conduct Joint Scoping Meeting

• As the need exists, the Government will notify the Contractor of a Project, schedule a Joint Scope

Meeting and issue a Notice of Joint Scope Meeting.

• The Contractor does not have the right to refuse to perform any Project, Prepriced Task, or Non-

Prepriced Task.

• The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum:

The work to be performed Presence of hazardous materials Task Order specific Insurance (if any) Required permits – including drawings for permits Long lead time materials Protocol for workers entering the site Staging area and areas that are off-limits Construction schedule and work hours – with critical milestones and phasing requirements Controlled inspections, testing requirements Value Engineering suggestions Organization of Price Proposal – by location, by corner, etc.

Due Date for Detailed Scope of Work and for Price Proposal

Upon completion of the joint scoping process, the Government will prepare a draft Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The Contractor shall review the Detailed Scope of Work and request any required changes or modifications. When an acceptable Detailed Scope of Work has been prepared, the Government will issue a Request for Proposal that will require the Contractor to prepare a Task Order Proposal. The Detailed Scope of Work, unless modified by both the Contractor and the Government, will be the basis on which the Contractor will develop its Task Order Proposal and the Government will evaluate the same. The Contractor does not have the right to refuse to perform any task or any work in connection with a particular Project.

The Government may, at its option, include quantities in the Detailed Scope of Work if it helps to define the Detailed Scope of Work, if the actual quantities required are not known or cannot be determined at the time the Detailed Scope of Work is prepared, if the Contractor and the Government cannot agree on the quantities required, or for any other reason as determined by the Government. In all such cases, the Government shall issue a Supplemental Task Order adjusting the quantities appearing in the Detailed Scope of Work to the actual quantities.

If the Contractor requires additional information to clarify the Detailed Scope of Work before preparing the Task Order Proposal, the Contractor will make such request quickly so that the Task Order Proposal can be submitted on time.

C.2.11 Preparation of a Task Order Proposal

The Contractor's Task Order Proposal shall include, at a minimum:

Task Order Price Proposal;

Support documentation for Non-Prepriced Tasks;

Required drawings or sketches;

List of anticipated Subcontractors including a MBE/WBE Certification (if required);

Construction schedule;

Other requested documents.

The Task Order Price shall be the value of the approved Task Order Price Proposal.

The value of the Task Order Price Proposal shall be calculated by summing the total of the calculations for each Pre-priced Tasks (Unit Price x quantity x Coefficient) plus the value of all Non Pre-priced Tasks.

The Contractor will prepare Task Order Price Proposals in accordance with the following:

Prepriced Task: The Contractor shall select the appropriate Prepriced Tasks, enter the accurate quantities, and select the appropriate Coefficient to be used for each such Prepriced Task. The Contractor shall use the Coefficients in effect on the date the Price Proposal is due, even though the Task Order may be issued after the Coefficients have been updated.

Non-Prepriced Task: A task that is not set forth in the Construction Task Catalog®.

The final price submitted for Non-Prepriced Tasks shall be according to the following formula:

For Non-Prepriced Tasks Performed with Contractor's own forces:

A = The hourly rate for each trade classification not in the Construction Task Catalog® multiplied by the quantity;

B = The hourly, weekly, or monthly rate for each piece of equipment not in the Construction Task Catalog® multiplied by the quantity;

C = Lowest of three independent quotes for all materials.

Total for Non-Prepriced Tasks performed with Contractor’s own forces = (A+B+C) x the Non-Prepriced Coefficient.

For Non-Prepriced Tasks Performed by subcontractors:

If the Non-Prepriced Task will be subcontracted, the Contractor must submit three independent quotes for the work. If three quotes are not available, less than three may be approved at the discretion of the Government upon the submission of a Letter of Justification from the Contractor to the Government.

D = Lowest of three subcontractor quotes Total for Non-Prepriced Tasks x the Non-Prepriced Coefficient.

Information submitted in support of Non Pre-priced Tasks shall include, but not be limited to, the following:

Catalog cuts, specifications, technical data, drawings, or other information as required to evaluate the task.

If the Contractor will perform the work with its own forces, it shall submit three independent quotes for all material to be installed and shall, to the extent possible, use Pre-priced Tasks for labor and equipment from the Construction Task Catalog®. If the work is to be subcontracted, the Contractor must submit three independent quotes from subcontractors. The Contractor shall not submit a quote or proposal from any supplier or subcontractor that the Contractor is not prepared to use. The Government may require additional quotes if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. If three quotes cannot be obtained, the Contractor will provide the reason in writing for the Government’s approval. If approved, less than three quotes will be allowed.

After a Non Pre-priced Task has been approved by the Government, the Unit Price for such task will be established, following approval by the Government, and fixed as a permanent Non Pre-priced Task which will no longer require price justification.

The Goverment’s determination as to whether a task is a Pre-priced Task or a Non Pre-priced Task shall be final, binding and conclusive as to the Contractor.

Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor task in the Task Order Price Proposal is less than the cost of the actual labor and material to perform such task, the Government may permit the Contractor to be paid for such task as a Non Pre-priced Task, or use Pre-priced labor tasks and material component pricing to cover the actual costs incurred. Provided, however, that there is no other work for that trade on the Project or other work for that trade cannot be scheduled at the same time and the final charge does not exceed $1,000.

Contractor shall make the necessary arrangements for and obtain all filings and permits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the Government, State or some other Governmental or regulatory agency, then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a Reimbursable Task to be paid without mark-up. The cost of expediting services or equipment use fees are not reimbursable.

The Contractor shall provide incidental engineering and architectural services required in connection with a particular Task Order including drawings and information required for filing.

The Contractor's Task Order Proposal shall be submitted by the date indicated on the Request for Proposal. All incomplete Task Order Proposals shall be rejected. The time allowed for preparation of the Contractor's Task Order Proposal will depend on the complexity and urgency of the Task Order but should average between seven and fourteen days. On complex Task Orders, such as Task Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents.

In immediate response situations and minor maintenance and repair Task Orders requiring immediate completion, the Task Order Proposal may be required quickly and the due date will be so indicated on the Request for Proposal or, as described below, the Contractor may be directed to begin work immediately with the paperwork to follow.

For purposes of Using the Construction Task Catalog®, the project site is defined as the exterior perimeter of a building. For work not performed in a building, the project site is defined as the limits of the work area.

By submitting a Task Order Proposal to the Government, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Task Order Price Proposal and apply the appropriate Coefficient(s) prior to delivering it to the Government.

If the Contractor requires clarifications or additional information regarding the Detailed Scope of work in order to prepare the Task Order Proposal, the request must be submitted so that the submittal of the Task Order Proposal is not delayed.

In the event the Contractor is required to work in a secured facility or location where labor, materials, and equipment must be inspected, the Contractor will be permitted to add labor hours to the Task Order Price Proposal to account for lost time as a result of such inspection.

C.2.12 Review of Task Order Proposal and Issuance of Task Order

The Government will evaluate the entire Task Order Price Proposal and compare these with the Government's estimate of the Detailed Scope of Work to determine the reasonableness of approach, including the appropriateness of the tasks and quantities proposed. All incomplete Task Order Proposals will be rejected. The Government will review the Price Proposal to determine the accuracy of the Prepriced Tasks, quantities, Coefficients, and Non-Prepriced Tasks.

The Contractor may choose the means and methods of construction; subject however, to the Government's right to reject any means and methods proposed by the Contractor that:

Will constitute or create a hazard to the work, or to persons or property;

Will not produce finished Work in accordance with the terms of the Contract; or Unnecessarily increases the price of the Task Order when alternative means and methods are available.

The Government reserves the right to reject a Task Order Proposal or cancel a Project for any reason. The Government also reserves the right not to issue a Task Order if it is determined to be in the best interests of the Government. The Government may perform such work by other means. The Contractor shall not recover any costs arising out of or related to the development of the Task Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Task Order Proposal (including incidental architectural and engineering services), subcontractor costs, and the costs to review the Task Order Proposal with the Government.

By submitting a Task Order Proposal to the Government, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the lump sum price submitted. It is the Contractor's responsibility to include the necessary Pre-priced Tasks and Non Pre-priced Tasks and quantities in the Task Order Price Proposal prior to delivering it to the Government.

It is the Contractor's responsibility to include the necessary Prepriced Tasks and Non-Prepriced Tasks, accurate quantities, and correct Coefficients in the Price Proposal prior to delivering it to the Government.

If the Task Order Proposal is found to be complete and accurate, The Government may issue a Task Order to the Contractor.

The Task Order signed by The Government and delivered to the Contractor constitutes The Government's acceptance of the Contractor's Task Order Proposal.

A Task Order will reference the Detailed Scope of Work and set forth the Task Order Completion Time and the Task Order Price. The Task Order Price shall be the value of the approved Price Proposal.

All clauses of this Contract shall apply to each Task Order.

The Contractor will be paid the Task Order Price for completing the Detailed Scope of Work within the Task Order Completion Time.

The Government, without invalidating the Task Order, may order changes in the Detailed Scope of Work by adding to, changing, or deleting from the Detailed Scope of Work, by issuing a Supplemental Task Order. All Supplemental Task Orders shall be developed in accordance with these procedures for ordering work.

The Government may decide not to issue a Task Order under development, may decide to cancel a Task Order or any portion of a Task Order, or cancel a Project or any portion of a Project, for any reason. In such case, the Contractor shall not recover any costs arising out of or related to the development of the Task Order including but not limited to attending the Joint Scope Meeting, preparing or reviewing the Detailed Scope of Work, preparing a Task Order Proposal (including incidental architectural and engineering services), subcontractor costs, or reviewing the Task Order Proposal with The Government. The Government may perform such work by other means.

A Task Order will reference the Detailed Scope of Work and set forth the Task Order Completion Time, and the Task Order Price. A separate Task Order will be issued for each Project. Extra work, credits, and deletions will be contained in a Supplemental Task Order. The Task Order Price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work.

Each Task Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Task Order Price and the Task Order Completion Time. All clauses of this Contract shall be applicable to each Task Order. The Task Order, signed by the Government and delivered to the Contractor constitutes the Government's acceptance of the Contractor's Task Order Proposal. A signed copy of the Task Order will be provided to the Contractor.

In the event that immediate emergency response is necessary, the Contractor shall be required to follow alternative procedures as established by the Government. The Contractor shall begin work as directed notwithstanding the absence of a fully developed Request for Proposal, Detailed Scope of Work, or Task Order.

The Contractor shall be compensated for such work as if the work had been ordered under the standard procedures. Contractor must submit to the Government’s Representative, their emergency procedure/ safety plan prior to starting work. Contractor must be responsible for quality assurance and quality control.

C.2.13 Annual Update of the Construction Task Catalog

The Construction Task Catalog® issued with the proposal will be in effect for the first year of the Contract.

On the anniversary of the Contract, a new Construction Task Catalog® will be furnished. The new Construction Task Catalog® will be effective for the twelve (12) month period after the anniversary of the effective date of the Contract. The Construction Task Catalogs® that accompany each anniversary shall only apply to Task Orders issued after the effective date of that specific anniversary and shall have no impact on Task Orders issued prior to the effective date of that specific anniversary.

The Coefficients submitted with the Proposal shall be used for the full term of the Contract, plus any Option Terms (if implemented). On the annual anniversary of the Contract, the Government shall issue the Contractor a new Construction Task Catalog®. The Contractor will be issued the new Construction Task Catalog® for review prior to accepting new Work. The Contractor shall use the Construction Task Catalog® in effect on the date that the Task Order is issued. However, the Contractor cannot delay the issuance of a Task Order to take advantage of a scheduled update of the Construction Task Catalog®. In that event, the Contractor shall use the Construction Task Catalog® that would have been in effect without the delay.

C.2.14 Task Order Pricing

The value of the Task Order Price Proposal shall be calculated by summing the total of the calculations for each

Pre-priced Tasks (Unit Price x quantity x appropriate Coefficient as shown below) plus the value of all Non Pre-priced Tasks.

Facilities in Containment Normal Working Hours Coefficient.

Facilities in Containment Other Than Normal Working Hours Coefficient.

(Other Than Normal Working Hours are Monday – Friday, 4:30PM – 8:00AM CST, including Saturday - Sunday)

Facilities out of Containment Normal Working Hours Coefficient.

Facilities out of Containment Other than Normal Working Hours Coefficient.

(Other Than Normal Working Hours are Monday – Friday, 4:30PM – 8:00AM CST, including Saturday - Sunday)

Non Pre-priced Task Coefficient.

C.2.15 Bonding Requirements

Bonds will be issued for individual task orders as determined by the Task Order Contracting Officer, on a Task Order by Task Order basis. The Contractor will submit any required bonds after the individual task order is issued/awarded. Task Order bonding thresholds are identified in FAR 28.102 and will be in accordance with FAR 52.228-15 Performance and Payment Bonds – Construction. Performance and Payment bonds shall be priced for actual costs per task order, at the time of the Request for Task Order Proposal.

C.2.16 Task Order Wage Determination

The Task Order Contracting Officer shall incorporate the appropriate Construction Wage Rate Requirement (CWRR) Wage Determination into each Task Order issued. The Wage Determination will be issued for location of the project and will be unique to each Task Order. All Task Orders shall be subject to the FAR 52.222-6 Construction Wage Rate Requirements.

C.2.17 Task Order Liquidated Damages

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

C.2.18 Job Order Contracting Software

The Government selected The Gordian Group’s (Gordian) Job Order Contracting (JOC) System for their JOC program. The Gordian JOC Solution includes Gordian’s proprietary JOC System Software and JOC applications (JOC Applications) and construction cost data (Construction Task Catalog®), which shall be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract, including preparation and submission of Task Order Proposals, subcontractor lists, and other requirements specified by the Government.

Contractor’s use, in whole or in part, of Gordian’s JOC Applications, Construction Task Catalog® and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for the Government is strictly prohibited unless otherwise approved in writing by Gordian. The Contractor shall be required to execute Gordian’s JOC System License.

C.3 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. The Contractor shall upon request, at any time during the term of this Contract, submit to the Government evidence that it and its subcontractors hold the required licenses.

C.4 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.5 WORK MANAGEMENT

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

C.6 MATERIALS AND EQUIPMENT

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

C.7 SERVICE INTERRUPTIONS/UTILITY OUTAGES

If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer Representative ten calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor shall notify the Contracting Officer Representative as soon as practicable.

At a minimum, include the location of the outage, utilities being affected, duration of outage and any necessary sketches. Once approved, and prior to beginning work on the utility system requiring shut down, attend a 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.8 OSHA

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

C.9 KEY PERSONNEL

The Contractor shall confirm to the Contracting Officer the List of Key Personnel and their qualifications provided as part of the base contract submittals. The contractor will provide any additional information requested by the Contracting Officer to certify their qualifications. The Contractor shall submit to the Contracting Officer a finalized organization chart showing the lines of authority of key personnel and on-site supervisor(s) for this contract. The chart shall include names of personnel and their position title in this contract. The Contractor shall assign a full-time person as its representative for this Contract. This person shall be acceptable to the Government and shall have a cell phone at which he or she can be reached at all times. At a minimum it shall identify the Project Manager and onsite supervisors and who they will report directly to for this contract. The Contractor shall identify the personnel able to bind the Contractor contractually.

The Contractor shall also have at all times an Office Manager and a Superintendent assigned to this Contract.

Additional staff will be provided depending on the volume of work. For each Task Order issued, the Contractor shall identify the Superintendent responsible for that Task Order. The Superintendent shall be reachable 24 hours a day, seven days a week. If the named Superintendent is not available because of illness or vacation or the like, the Contractor shall notify the Government of a substitute Superintendent. At all times, the Contractor shall provide at least one Superintendent for every four Task Orders. Whenever, in the sole discretion of the Government, the Contractor is not providing a sufficient level of supervision, the Government may direct the Contractor to increase the level of supervision for any or all projects, including but not limited to the right to direct the Contractor to assign a full time, dedicated Superintendent for any project; submit daily management, inspection, activity, and planning reports; substitute subcontractors; submit daily photographs of the work in place and the work areas prepared for the next day’s work; and develop a site specific quality control program, all at no cost to the Government.

C.10 EMPLOYEE QUALIFICATIONS

C.10.1 Contractor shall employ Project Manager(s) and Superintendent(s) with a minimum of 5 years’ experience managing Government construction and service contracts.

C.10.2 Contractor shall employ Quality Control Managers with a minimum of 2 years’ experience managing Government construction and service contracts.

C.10.3 Contractor shall employ Project Managers, Superintendents and Quality Control Managers that have multi-disciplinary technical expertise and experience for operation needs including maintenance, repair, and construction of infrastructure for architectural, civil, electrical, plumbing, and mechanical components.

C.10.4 Contractor onsite representatives shall maintain OSHA 30 certification with continuing education.

C.10.5 Contractor shall have a designated site safety person with a minimum of 3 years’ experience as a site safety manager to oversee and manage the contractor’s site-specific safety plan. This position may be part of a dual role scenario.

C.10.6 Contractor shall employ fulltime onsite Quality Control Manager(s) during active projects that do not hold dual roles and reports directly to Contractor Executive Management and not onsite Project Managers or Superintendents.

C.11 EMPLOYEE REQUIREMENTS

The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each task order. Contractor staff may be required to obtain a USDA Linc Pass badge. Documents need to obtain the Linc Pass shall be provided by the Government after award.

C.12 EMPLOYEE CONDUCT/REMOVAL OF EMPLOYEES

Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner. The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of Agricultural Research Service. The Contracting Officer has the final say in this matter.

C.13 QUALITY CONTROL

The Contractor shall establish and implement a thorough Quality Control (QC) Plan that identifies potential and actual problem areas in executing requirements of the contract as specified and results in corrective action throughout the life of the contract. The QC Plan shall be submitted to the Contracting Officer for approval 10 working days prior to the start of contract performance and shall be updated thereafter to maintain an effective and efficient quality control program. Control measures and features defining QC activities must be specified and metrics developed to ensure adequate program monitoring. The Government has the right to inspect all services called for by this contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform these inspections in a manner that will not unduly delay the work. Any changes to the QC Plan shall be submitted to the Contracting Officer a minimum of five working days prior to implementation. Written acceptance or non-acceptance of proposed changes will be provided to the Contractor by the Contracting Officer. The QC Plan shall:

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

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

Shall address overall project management and administration;

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

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

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

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

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

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

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

C.14 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

C.15 PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is from 9/16/2024 through 9/15/2029.

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

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

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE TITLE DATE

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

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

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

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

E.3 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract has been completed in accordance with the terms, conditions, specifications, and drawings set forth in this contract. If, upon examination by the Contracting Officer, his/her designated representative, and Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the Contractor may be held financially liable for any additional cost of re-inspection when material and workmanship are not ready at the time specified by the Government for project inspection.

(b) Contractor shall give the Contracting Officer ten (10) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

(c) The Contracting Officer will notify the Contractor of any discrepancies and/or omissions noted at the final inspection by providing a "punchlist" as to the discrepancies/omissions, replacement of materials and performance or re-performance of any unsatisfactory work necessary for final acceptance. This notification shall not in any way be deemed an extension of the contract completion date. If all construction required by the contract is found completed and all contractual documents (i.e. payrolls, shop/as-builts/red-line drawings, release from claims, etc.) have been submitted, the Contracting Officer shall notify the Contractor of such in writing by processing the final payment for the project.

(d) Acceptance shall be final and conclusive, except for latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding the Government’s right under any warranty or guarantee.

E.4 FINAL ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

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

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

NUMBER TITLE DATE

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

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

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

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

(End of clause)

F.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within ten 10 calendar days after the date the Contractor receives the task order notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than number of days listed on the task…