Solicitation 1232SA25R0023.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)

1153475

USDA ARS ACQUISITION AND PROPERTY D

5601 SUNNYSIDE AVENUE

RM 3-2102

BELTSVILLE MD 20705

ARS-1232SA

KELLY WRIGHT 970-851-3725

1x 08/08/2025

1232SA25R0023

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

A. Project Title: Replacement of Windows and Installation of Safety and Security

Film at the Dale Bumper National Rice Research Center (DBNRRC) in Stuttgart, AR.

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

238350 Finish Carpentry Contractors.

C. In accordance with Federal Acquisition Regulation (FAR) 36.204 the magnitude of this construction project is between $250,000 to $500,000

D. Prospective offerors shall be registered with Systems for Awards Management(SAM) with an active registration at the time of solicitation closing.

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. Emailed Offers 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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

09/08/2025

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 _____________ _____________1000 _____ (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

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 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1232SA25R0023

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: ARS-127A12

SEA DALE BUMPERS NATIONAL RICE RESE

2890 HIGHWAY 130 E

STUTTGART AR 72160 US

0001 DBNRRC Window Replacement

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 1232SA25R0023

SECTION B- SUPPLIES AND SERVICES AND PRICE/COST

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 in the attached scope of work.

B.2 SCHEDULE OF ITEMS

Item No. Description Price/Cost

0001 Replacement of Windows and Installation of Safety and Security Film $

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

CONTRACTOR SAM UEI:_______________________________________

B.3 PERIOD OF PERFORMNACE

To be completed 90 days after notice to proceed

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 DESCRIPTION OF WORK

Please reference Scope of Work in Section J.

C.2 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.3 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.4 WORK MANAGEMENT

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

C.5 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 the size and location of the work. Job site availability will be identified in the Scope of Work.

C.6 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.7 EMPLOYEE REQUIREMENTS

The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract.

Personnel shall be fully knowledgeable of all safety and environmental requirements associated with the work they perform. Competent personnel shall be provided as required by each contract.

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. At a minimum it shall identify the Project Manager and onsite superintendent(s) and who they will report directly to for this contract. The Contractor shall identify the personnel able to bind the Contractor contractually.

C.10 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 the contract. 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, if required.

C.11 PRIME CONTRACTOR SITE SUPERINTENDENCE

The Contractor shall provide an on-site superintendent on this contract. The site superintendent shall be employed and work directly for the prime contractor. On-site representation from the prime contractor during construction activities is mandatory, regardless of the type/magnitude of the work being performed by subcontractors. The prime contractor site superintendent may have other duties and may hold “dual hat” responsibilities, but superintendent duties are the first priority of the superintendent.

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 Officers decision is final and not negotiable.

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

(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 the project.

Acceptance will be performed at: See (b) above.

(End of Clause)

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

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to:

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

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 90 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

G.2 CONTRACT CLOSEOUT

(a) Closeout Procedures:

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

(2) Provide submittals required by governing authorities.

(b) Cleaning:

(1) Execute cleaning during progress of work and at completion of work.

(2) Reference other specification sections for additional specific work.

(3) Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations.

(4) At completion of work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials:

a. Clean all sight-exposed surfaces.

b. Leave project clean and ready for occupancy or use.

c. All floors are to be broom and wet-mop cleaned.

(5) Areas disturbed during construction operations shall be restored generally to match conditions existing prior to start of work.

(c) Project Record Drawings:

(1) Maintain documents in clean, dry, legible condition.

(2) Make documents available at all times for inspection by COR, CO, and other individuals as may be designated by the CO.

(3) Label each document "Project Record."

(4) Keep record documents current.

(5) Do not conceal work until required information has been recorded.

(6) At completion of work, and before final acceptance, submit as-built drawings in accordance with special contract requirements.

(d) Operating and Maintenance Manuals:

(1) System Demonstration

a. Prior to final inspection demonstrate operation of each system to the COR, CO, and other individuals as may be designated by the CO.

b. Instruct designated Government personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

(2) Warranties and Bonds:

a. Submit warranties and maintenance bonds prior to final application for payment.

1. Submit within ten days after date of substantial completion.

2. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

G.3 AS-BUILT DRAWINGS

On completion of the contract (if required), one set of paper specifications, and one hard copy and one set of digital PDF or AutoCAD format of each of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO. Where a choice of materials and/or methods is permitted, the as-built drawings shall define the construction actually provided. Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducible, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Area Office Engineer.

G.4 RELEASE FROM CLAIMS

The Contractor shall complete and submit a release of all claims against the Government arising under and by virtue of the contract, similar to the following with the final invoice/billing request:

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

Name, Title, and Signature of Contractor DATE

G.5 SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes Clause (FAR 52.243-4), as applicable, are supplemented as follows:

a) The contractor shall provide an itemized breakdown or take-off for all charges involving an increase or decrease in the contract price. The proposal shall be in sufficient detail that will enable the Government to determine the reasonableness of the contractor's and subcontractor's cost to do the change. As a minimum, the following shall be shown:

1. Material quantities and unit prices;

2. Labor costs (broken down by trades, hours worked, and hourly rate);

3. Labor burden (Fringe Benefits, Workmen's Compensation, and Public Liability Insurance);

4. Overhead;

5. Profit;

6. FICA, and FUTA employment taxes; and

7. Sales tax (if any).

b) On proposals offering a credit for work omitted, deductions for overhead and profit shall also be shown.

c) If the proposed change will result in an increase or decrease in the contract performance period, the contractor shall state the exact number of days involved. If the proposed change is approved and the Government agrees with the increase or decrease in completion time, the completion date will become a part of the contract modification.

d) Following (G.6) is a sample format for showing related costs as a result of a change order. A similar sheet shall accompany each written detailed cost breakdown. The sample format is self-explanatory and clearly shows the method for computing overhead, profit, and other items on proposed changes.

G.6 SUMMARY SHEET FORMAT

DATE

PROJECT

LOCATION

CONTRACT NUMBER

CONTRACTOR

CHANGE ORDER NO. DESCRIPTION

PRIME CONTRACTOR'S WORK

1. Direct Materials

2. Sales Tax on Materials

3. Direct Labor

4. Insurance, Taxes, and Fringe Benefits

5. Rental Equipment

6. Sales Tax - Rental Equipment

7. SUBTOTAL (lines 1-6)

8. Overhead

9. SUBTOTAL (add lines 7-8)

% of line 1

% of line 3

% of line 5

% of line 7

SUBCONTRACTOR=S WORK

10. Direct Materials

11. Sales Tax on Materials

12. Direct Labor

13. Insurance, Taxes, and Fringe Benefits

14. Rental Equipment

15. Sales Tax - Rental Equipment

16. SUBTOTAL (lines 10-15)

17. Overhead

18. SUBTOTAL (add lines 16-17)

19. Profit

20. SUBTOTAL (add lines 18-19)

% of line 10

% of line 12

% of line 14

% of line 16

% of line 18

SUMMARY

21. Primes Work (from line 9) $

22. Subs Work (from line 20) $

23. SUBTOTAL (add lines 21-22) $

24. Primes Overhead on Sub % of line 16 $

25. Primes Profit % of line 16 $

26. SUBTOTAL (add lines 23-25) $

27. Primes Bond Premium % of line 26 $

28. TOTAL Cost $

Estimated time extension (if any and justification):

Signature and Title of Preparer Date

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30 PERCENT. FOR PRIME CONTRACTORS WORK ONLY, THE CUMULATIVE

TOTAL FOR OVERHEAD AND PROFIT SHALL NOT EXCEED 20 %.

G.7 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit an original invoice and one copy to the Contracting Officer and the COR:

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

1. Name and address of contractor.

2. Invoice number and Invoice date.

3. Contract number.

4. Description of work and period of performance.

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

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

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

8. Invoices must be submitted with ARS-371 and ARS-372, along with certified payroll records, Contractor certification, and updated CPM Schedule.

Once the paper invoice has been approved by the Contracting Officer, the Contractor shall submit the invoice electronically through the U.S. Department of Treasury Invoice Processing Platform (IPP) at www.ipp.gov. This is a mandatory requirement.

G.8 STATE TAXES AND STATE TAX EXEMPTIONS

The Contractor is responsible to include any state taxes into the contract pricing as necessary. The Contractor shall be responsible for knowing the state tax exemption process for the state in which they are proposing. The USDA will not navigate the process or seek out guidance/clarification for the state tax exemption process. The USDA will limit their involvement in the state tax exemption process to simple signature approval of documents and/or submission of Contractor completed documents to an email address, etc. Contractor shall include the state taxes into their proposed offer pricing as necessary. The USDA will not entertain any request for equitable adjustment based upon state tax requirements.

G.9 PAYMENT FOR STORED MATERIALS UNDER CONSTRUCTION CONTRACTS

Payment to a contractor for stored materials is approved on a case-by-case basis, but certain conditions must first be met. Stored material considered acceptable for payment would include equipment and/or material of large dollar value and that will be incorporated into the specific project, such as boilers, transformers, windows, concrete block, brick, steel, etc. Smaller items, such as screws, nails, wiring, conduit, fittings, fasteners, and other items that are readily available from suppliers or other materials that are delivered on an ongoing basis, are not eligible for payment as stored material off-site.

a. Stored Materials on the Job Site: In order to be eligible for payment for materials stored on the job site, the contractor must provide the following to the CO:

1. Identify the specific materials, including a full description, manufacturer, model numbers, quantity, etc.;

2. Demonstrate clear title to the material (e.g., submission of paid invoice(s)); and,

3. Provide a written acknowledgement that they, the construction contractor, are fully responsible and liable for the security of the materials.

The CO does not have to modify the contract to authorize payment for stored materials on the job site;

however, the materials and their value must be itemized on the ARS Form 372, Contractor’s Request for Payment Transmittal. The Contracting Officer’s Representative (COR) or other personnel designated by the CO (e.g., Resident Inspector) must verify the presence and quantity of the materials on site to the CO.

b. Stored Materials Off-Site: Payment for material delivered to the Contractor at off-site location(s) is authorized in accordance with FAR Clause 52.232-5 (b)(2) (however this is under the sole discretion of the Contracting Officer who will either approve or disapprove payments for stored materials off-site, the Contractor is not entitled to payments for stored material off-site); provided, the Contractor fully complies with the following conditions:

1. Contractor furnishes evidence to the Contracting Officer that it has acquired title to such material

(e.g., paid invoice(s), bill(s) of sale, etc.);

2. Contractor fully identifies the material (description, manufacturer, model number, quantities, etc.) in storage and certifies that said material will be used to perform this contract;

3. Contractor furnishes the exact location of the storage facility and material within it;

4. Contractor furnishes evidence that the storage facility is bonded and insured;

5. Contractor furnishes a written certified acknowledgment from the storage facility that they recognize the USDA Agricultural Research Service, as the owner of the materials;

6. Contractor provides written acknowledgment that it is fully responsible and liable for the security of the materials; and,

7. Contractor furnishes photographs of the material and the storage facility.

The contractor must include on each invoice the address of the storage facility and an itemized breakdown of the stored materials. Only the cost for the materials will be paid.

The cost for installation must be excluded from the invoiced amount since it will occur at a later time. The costs associated with storing the materials in a storage facility (e.g., rent, lease, etc.) shall not be charged to or paid for by the Government.

Payment for stored materials off-site shall be made only when in the best interest of the Government

(USDA). The Contracting Officer has the sole authority to make this decision in which payment(s) will or will not be made for stored materials off-site. At no time will the Contractor have any “right” to demand payment for stored materials off-site.

G.10 DAILY CONSTRUCTION REPORTS

The Contractor shall maintain a daily record of quality control measures performed for each shift of Contractor or Subcontractor operations on an appropriate format. These records shall provide factual evidence that continuous quality control inspections have been performed, including but not limited to the following: job progress, problems encountered; problems resolved; type and number of inspections; results of inspections or tests including all computations; nature of defects; causes for rejection; safety violations;

proposed remedial action; and corrective action taken. These records shall cover both conforming and defective items and shall include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. The Contractor shall maintain a current record of all inspections and shall furnish to the Contracting Officer on a daily basis (or as often as agreed upon with the Contracting Officer), legible copies of all inspection records for his permanent retention. The daily records of inspections shall cover all work placement subsequent to the previous report, and shall be verified by the Contractor's designated representative.

G.11 CONTRACTOR PERFORMANCE INFORMATION AND CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (CPARS) (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, at the sole discretion of the Contracting Office.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE COVERAGE

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 coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $1.0 million 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 liability covering the operation of all automobiles used in connection with performing the con 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.

H.2 USE OF PREMISES

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, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

Unless accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.3 ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.4 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

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

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

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

H.5 MAXIMUM WORKWEEK

Within 10 (ten) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

A schedule as required by FAR clause 52.236-15, "Schedules for Construction Contracts" and

The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 8:00 a.m. to 4:30 p.m., Mon. thru Fri., excluding Federal holidays.

MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

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

(a) Listed below are official Government holidays:

New Year’s Day January 1* Martin L. King Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth As Indicated Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11* Thanksgiving Day Fourth Thursday in November Christmas Day December 25* Inauguration Day January 20* (for Washington D.C. Metropolitan Area (WDCMA))

If a Sunday, the next succeeding day is selected.

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

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

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

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

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

H.6 SAMPLES AND CERTIFICATES

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 of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.7 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: Site Superintendent and Project Manager

(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-day 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 persons 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.8 SUBMITTALS AND SHOP DRAWINGS

a. The Contractor shall submit for approval (if required), copies (minimally) of shop drawings of all manufactured products required in the construction for which such drawings are required. When approved, the Government will forward one set to the Contracting Officer's Representative (COR), one set to the Construction Manager (CM), and one set to the Contractor. If the Contractor requires more than one approved set, additional copies of this document must be forwarded in the number needed.

b. Shop drawings and submittals shall be marked with the Purchase 0rder 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 reasons, the Contractor shall make specific mention of such variations in his/her letter of transmittal or directly on the drawing/submittal.

c. Approval of shop drawings will be general and will not relieve the Contractor of 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 shall not be considered as a basis for extension of time for completion of the contract.

f. The quantity of shop drawings required may be subject to change due to construction management surveillance needs and/or the complexity of the project. Quantities of shop drawings and submittals will be finalized at the preconstruction conference.

H.9 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

Within 14 (fourteen) calendar days after the date of receipt of contract, the Contractor shall prepare and submit to the Contracting Officer for approval and signature, a copy of ARS Form 371, "Construction Progress and Payment Schedule." This form, in conjunction with ARS Form 372, "Contractor's Request for Payment Transmittal" (or an acceptable facsimile), will be the basis for partial payments to the Contractor. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the contract. Upon the Contracting Officer's approval and signature, a copy of the Form 371 (with original signatures) will be given to the Contractor. No work may be performed onsite unless and until the ARS Form 371 has been approved by the Contracting Officer. The ARS Form 371 is required even though progress or partial payments would not be requested by the Cooperator.

H.10 INVOICES

Invoices shall be submitted to the attention of the Contracting Officer Representative who will forward them to the Contracting Officer. Invoices shall contain, at a minimum, the name of the Company; Contract Number;

description of services, price for such services actually rendered; shipping and payment terms; and name (where practicable), title, phone number and complete mailing address of responsible official to whom payment is to be sent. In order for invoices to be processed, certified payroll records must have been received by the Contracting Officer for the period being invoiced. NO INVOICES WILL BE PROCESSED UNLESS CURRENT CERTIFIED PAYROLL RECORDS ARE ON FILE WITH THE CONTRACTING OFFICER IN ACCORDANCE WITH THE CONSTRUCTION WAGE RATES REQUIREMENT. All invoices will be returned to the Contractor without payment action until payroll records are received by the Contracting Officer. The final invoice shall include a Release of Claims Form as shown in Section G.4 of the contract.

H.11 AS-BUILT DRAWINGS AND OPERATIONS AND MAINTENANCE MANUALS

Upon completion of the Contract, the Contractor shall submit to the Contracting Officer two (2) sets of neatly marked (in red) and labeled "As-Built" drawings and shall also submit three (3) copies of each Operations and Maintenance Manuals for any and all equipment furnished and/or installed by the Contractor under this contract. Final payment shall not be made unless and until such documentation is received and accepted by the Contracting Officer. Unless As-Builts are not required.

H.12 LIST OF MATERIALS

(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 contract price.

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

Section heading of the specifications under which material is specified.

Manufacturer’s name and address.

Grade, type, trade or catalog number.

Size, capacity, and other pertinent data.

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

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

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

H.13 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.14 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.15 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.

H.16 MODIFICATION FOR CONTRACT CLOSEOUT

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of construction, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a “Release of Claims” be completed by the contractor. If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of construction, and final payment.”

H.17 NON-EXCEPTED ACTIVITY DURING A GOVERNMENT SHUTDOWN…