SOLICITATION CLAUSES AND PROVISIONS.docx

TABLE OF CONTENTS

TABLE OF CONTENTS PAGE NO.

Contents

SECTION F - DELIVERIES OR PERFORMANCE………………………………………..14

H.12 SUBSTITION OF KEY PERSONNEL…………………………………………….. 33

H.13 FAILURE TO PROVIDE QUALIFIED PERSONNEL……………………………..33

H.14 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE…………………33

H.15 PROPERTY DAMAGE LIABILITY INSURANCE (USDA-ARS………………….34

H.16 CONTRACT CLOSEOUT (REFER TO G.3)………………………………………34

I.9 EQUAL OPPORTUNITY FOR VETERANS (FAR 52.222-35)(JUNE 2020)…..49

I.10 EQUAL OPPORTUNITY FOR WORERS WITH DISABILITIES

(FAR 52.222.36)(JUNE 2020)………………………………………………………50

I.13 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK……….54

I.14 MATERIAL AND WORKMANSHIP…………………………………………………55

I.15 SUPERINTENDENCE BY THE CONTRACTOR…………………………………56

I.16 PERMITS AND RESPONSIBILITIES………………………………………………56

I.17 OTHER CONTRACTS……………………………………………………………….56

I.18 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS………………………………………………..56

I.19 OPERATIONS AND STORAGE AREAS…………………………………………..57

I.20 USE AND POSSESSION PRIOR TO COMPLETION……………………………57

I.21 CLEANING UP………………………………………………………………………..58

I.22 ACCIDENT PREVENTION…………………………………………………………..58

I.23 LAYOUT OF WORK………………………………………………………………….59

I.24 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION…………………59

K.8 REPRESENTATION BY CORPORATION REGARDING DELIQUENT TAX

LIABILITY OF A FELONY CONVICTION UNDER ANY FEDERAL LAW………76

K.9 SMALL BUSINESS PROGRAM REPRESENTATION………………………… 77

K.10 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS……………………..82

K.11 SERVICE OF PROTEST……………………………………………………………..82

K.12 DUPLICATION OF COST…………………………………………………………. 82

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 84

(SEP 2001)……………………………………………………………………………85

L.7 NOTICE OF REIMBURSEMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITIES (FAR 52.222-23) (FEB 1999)……85

L.8 NOTICE OF BUY AMERICAN ACT REQUIREMENTS-CONSTRUCTION

MATERIALS (FAR 52.225-10) (MAY 2014)……………………………………. 86

L.9 PRE-PROPOSAL CONFERENCE (AGAR 452.237-71) (FEB 1988)…………..88

L.10 SITE VISIT (FAR 52.237-1) (APR 1984)…………………………………………..89

L.11 BID GUARANTEE (FAR 52.228-1) (SEP 1996)………………………………….89

L.12 CONSTRUCTION WAGE RATE REQUIREMENTS - SECONDARY SITE OF

THE WORK (FAR 52.222-5) (MAY 2014)…………………………………………89

L.13 PROPOSAL SUBMISSION REQUIREMENTS………………………………… 90

L.14 EVALUATION FACTORS………………………………………………………… 94

M.3 BASIS OF AWARD………………………………………………………………. 100

Solicitation No. 1232SA23R0009 Page #83

PART I – THE SCHEDULE

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT

The Contractor shall furnish all necessary labor, materials, equipment, supplies, transportation, supervision, etc., in order to perform all elements of the work identified in the Statement of Work, in accordance with the clauses, attachments, and other terms and conditions set forth herein for the Sink Hole Remediation at the Appalachian Fruit Research Station (AFRS), located in Kearneysville, West Virginia.

The scope is for the removal of approximately 1,000 square feet of rip rap rock, excavate to a depth of approximately 30 feet, and remediate the sinkhole using the “graded filter” method. The actual excavation depths and volumes may vary due to site conditions.

Additionally, a second sink hole has developed, which is located South/Southwest of the main building near Greenhouse 7, below a drainage culvert from the greenhouses. The sinkhole is situated about 20ft from the culvert and about 120ft from the greenhouses. The whole consists of a 3ft opening, 5ft depth, and about 7ft wide at the bottom. This sink hole will be brought forth as Option Item I due to funding restrictions.

This is a Small Business Set Aside procurement.

B.2 SCHEDULE OF ITEMS

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

Item No. Description Price/Cost

BASE ITEM: Remediation of Sink Hole 1 $____________

OPTION ITEM: Remediation of Sink Hole 2 $____________

GRAND TOTAL FOR BASE AND OPTION ITEM: $____________

The total amount of time for completion of both the base and option item shall not exceed the number of calendar days from the Notice to Proceed stated in section F.2 of this document.

B.3 PRICE PROPOSAL

The contractor shall provide an itemized cost breakdown proposal for each line item that will comprise the total contract price. The proposals shall be in sufficient detail that it will enable the Government to determine the reasonableness of the contractor’s and subcontractor’s cost to complete the project. At a minimum, the following shall be shown for both the prime and subcontractor(s):

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 PERCENT.

B.4 PERFORMANCE TIME

The construction performance period is 60 days from the issuance of the Notice to Proceed.

B.5 PERFORMANCE AND PAYMENT BOND REQUIREMENTS

Performance and Payment Bonds shall be required. The final amount for the bond shall be 100% of the amount of the contract. If additional bond protection is required, the amount shall be in accordance with FAR Clause 52.228-15, Performance and Payment Bonds Construction.

SECTION C – DOCUMENTS

C.1 STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.21172) (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.

C.2 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS

(AGAR 452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.3 SUSTAINABLE ACQUISITION

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the USDA Bio-Preferred Program.

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13693, “Planning for Federal Sustainability in the Next Decade” dated March 19, 2015.

SECTION D PACKAGING AND MARKING

D.1 ELECTRONIC SUBMISSIONS

All submissions for this project shall be completed electronically to the maximum extent practical. Transmission shall be completed by email, secure ftp/file transfer sites, or USB flash drives in that order of preference.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if the clauses were given in full text. Upon request, the CO will make the full text available. The full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulation (FAR): www.acquisition.gov and Agricultural Acquisition Regulation (AGAR):

www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.24612 AUG 1996 INSPECTION OF CONSTRUCTION

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

(b) Inspection and acceptance will be performed at:

Appalachian Fruit Research Station (AFRS) 2217 Wiltshire Road Kearneysville, WV 25430

E.3 FINAL INSPECTION

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

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

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

a. As-Built Drawings

b. Guarantees and warranty schedule and contacts

c. Certificates and inspections

d. Certified payroll records for all prime and subcontractor employees

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

E.4 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection at AFRS 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, operation & maintenance manuals, as-built drawings, warranty documents, all work identified in drawings, specifications, and solicitation for this contract, 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 CLAUSE INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: Federal Acquisition Regulation (FAR): www.acquistion.gov and Agricultural Acquisition Regulation (AGAR): www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.242-14 APR 1984 SUSPENSION OF WORK

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after receipt of Notice to Proceed. All Optional Items, if awarded, shall require no additional time to the contract.

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered.

(a) The Contractor shall prepare and submit to the Contracting Officer and representatives as directed a comprehensive “Gantt” style project schedule with adequate detail to illustrate the timeline for the Design and Construction Phases of the project. The schedule shall have adequate breakdown/details to monitor the construction project and shall at a minimum include design development, government approvals, material deliveries, construction activities in detail, commissioning, and project closeout. The project schedule shall be prepared in color and shall be distributed as a PDF file prepared for printing on 11x17 sheet(s). If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the schedule and distribute for discussion at the monthly progress meeting and as otherwise directed by the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.5 CONSTRUCTION PROJECT SCHEDULE AND SUBMITTALS

The Contractor shall provide all submittals in accordance with Division 1 Section 013300, Submittal Procedures.

The total duration of the contract, including base and option items, shall not exceed 60 calendar days.

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE

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

G.2 MEETINGS

(a) PRE-CONSTRUCTION CONFERENCE

The Pre-Construction Conference will be held as soon as practicable after Government concurrence on final design and issuance of the Notice to Proceed for Construction. The Design/Build Contractor and the Government representatives will meet to discuss and develop a mutual understanding relative to the administration of the project, design implementation, site conditions, restrictions and constraints, construction schedule, progress payments, value engineering, accident prevention , preparation and submission of the payment schedule, shop drawings and other submittals, scheduling, programming and prosecution of work. Major subcontractors who will be engaged in the work shall attend also. Implementation of the Quality Control Plan will be discussed during the pre-construction conference.

G.3 CONTRACT CLOSEOUT

(a) Closeout Procedures:

(1) Comply with provisions in conditions of Solicitation/Contract Agreement relating to submittals prior to substantial completion, or Government’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:

(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, LC, and other individuals as may be designated by the CO.

(3) Label each document "Record Documents."

(4) Keep record documents current.

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

(6) At completion of work, and before final acceptance, submit as built drawings in accordance with Section G.5, As-Built Drawings, and special contract requirements, i.e., FAR 52.236-21, Specifications and Drawings for Construction.

(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:

a. Submit warranties 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.4 AS-BUILT DRAWINGS

Upon completion of work, one set of paper specifications and one print 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 or authorized representative. 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. Contractor shall stamp the term RECORD DOCUMENTS, date, and sign all drawings and volumes of marked specifications. Legibility and clear portrayal of the as built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM), Construction Mgr./Rep, and Location Coordinator. DB Contractor shall update drawing AutoCAD files to reflect the changes shown in the as built drawings and provide copies of the files electronically to the Government. The submission shall be delivered on one USB flash drive delivered to the CO and one to the LC. The electronic files shall include a complete set of Drawings in bound AutoCAD format such that the government may reproduce an individual sheet with a current standard version of AutoCAD, plus PDF files of each individual drawing sheets. The Technical Specifications shall be provided in PDF and Word formats.

G.5 RELEASE FROM CLAIMS

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

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

Date:

Contractor's Signature:

Title: “

G.6 SUPPLEMENT TO CHANGES CLAUSE

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

a) The DB 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 DB Contractor's and subcontractor's cost to do the change. As a minimum, the following shall be shown:

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

SUMMARY SHEET FORMAT (SAMPLE)

CONTRACT TITLE:

CONTRACT NUMBER:

DESCRIPTION OF CHANGE ORDER:

PRIME CONTRACTOR’S WORK

SUB-CONTRACTOR’S WORK

TOTAL PRIME & SUB-CONTRACTOR’S WORK

Date for Time Extension (if any and justification):

Signature & Title of Preparer Date

NOTE: The cumulative total for overhead and profit of all subcontractors and the general DB Contractor shall not exceed 30 percent. For work performed solely by the general contractor, the cumulative total for overhead and profit shall not exceed 20 percent.

G.7 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for architect engineering) require agencies to prepare interim and final evaluations of contractor performance. The U.S. Department of Agriculture utilizes the Department of Defense system, Contractor Performance Assessment Reporting System (CPARS). Specifically, the Construction Contractor Appraisal Support System (CCASS) module is used for construction contracts and the Architect-Engineer Contract Administration Support System (ACASS) module is used for A-E contracts to record and maintain past performance information. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect Engineering).

(b) The Government will register each contractor in the CPARS system at time of award. This registration will require that contractors provide to the Contracting Officer the name of the company’s primary contact, Contractor Representative (CR), and who will be authorized access to the evaluation for review and comment. In addition, the DB Contractor will be required to identify a secondary contact who will be responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 60-day time period. Once the DB Contractor is registered and a performance evaluation has been prepared and is ready for comment, the CPARS system will send an email to the CR notifying that individual that a performance evaluation is electronically available for review and comment.

(c) Contractors will access evaluations through a secure Web site for review and comment as follows:

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

2. Click on CPARS Login near top left.

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

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

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

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

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

(d) Interim and final evaluations will be available to the DB Contractor in the CPARS system and notification from the CPARS system will be sent to the DB Contractor. The final performance evaluation will be entered in the CPARS system at the time of completion of the contract. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

(e) Finalized performance evaluations, both interim and final, can be found at http://www.cpars.gov.

G.8 INVOICE PREPARATION AND SUBMISSION

(a) Prior to Original invoices being submitted into IPP, the contractor shall submit draft or informational copies to the Contracting Officer and EPM or designated representative for review and approval. Based upon acceptance of required contract deliverables, review and approval, the contractor will be notified to submit the original invoice to the Invoice Processing Platform (IPP) at www.ipp.gov.

All contractors must register with, and submit all invoices, through the IPP in accordance with Agency policy and also to ensure prompt payment of all invoices.

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

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; contractors’ certification (pursuant to FAR 52.232-5).

SECTION H SPECIAL CONTRACT REQUIREMENTS

A post award conference with the Contractor is required. It will be scheduled and held within15 calendar days after the date of contract award at the AFRS site.

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

No camp, quarry, borrow pit, storage, detour, or bypass site shall be opened or operated on this project site. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the DB Contractor.

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

H.5 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION

(AGAR 452.236-74) (NOV 1966)

(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, and other harmful materials shall not be discharged on to the ground, paved parking, or drive areas. Spill clean-up shall comply with Iowa State University requirements. Wash water or waste from concrete or aggregate operations shall be fully contained and removed from the site in compliance with Iowa State University requirements.

Within 15 days after receipt of a Notice to Proceed with construction from the Contracting Officer, the DB Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.23615, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the DB Contractor proposes to carry out the work. The maximum work week that will be approved is as shown in Section H.10.

H.7 MAXIMUM WORKWEEK--CONSTRUCTION SCHEDULE SUPPLEMENT AND SPECIAL ENTRANCE REQUIREMENTS

WORKWEEK REGULAR HOURS: The maximum regular workweek that will be approved is Monday through Friday, 7:00 a.m. – 5:00 p.m., not to exceed 40 hours per week. The DB Contractor's proposed hours of work are to include daily starting and stopping times.

(a) Listed below are official Government holidays:

*In accordance with Federal regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, the 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 DB Contractor shall take immediate 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 weatherrelated 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 DB Contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, it shall submit a written request to the CO 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 DB Contractor receives approval to work outside of normal working hours, cost incurred by the DB Contractor for overtime and additional cost incurred by the Government for services including inspection costs shall be borne by the DB Contractor.

H.8 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

When required by the specifications or the CO, samples, certificates, and test data shall be submitted after award of the contract, prepaid, for proper action by the CO or his/her designated representative. With exception of physical samples required for color or material approval, submissions shall be completed by email or approved file transfer as PDF files.

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 CO or authorized procedure.

H.9 KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

(a) The Contractor shall assign to this contract the following Key Personnel:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of Key personnel unless the substitution is necessitated by unforeseen cause. The Contractor shall notify the CO within 15 calendar days after the occurrence of the unforeseen cause 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.

The CO may accept or reject Key Personnel proposed by the Contractor. The Contractor shall make a timely and prompt resubmittal to provide other personnel required to replace any that are rejected by the CO, both at initial submittal or any subsequent rejection or substitution of personnel.

H.11 REMOVAL OF PERSONNEL

The CO shall have the right to effect removal of any Contractor employee at any time during the duration of the contract if that employee is deemed to not be of the level of competence or ability required under the contract, or if said employee is for any other reason, found to be unsuitable for the work. In addition, the CO shall have the right to require the Contractor to remove and replace any personnel for cause, such as, but not limited to, carelessness or incompetence in executing their duties and responsibilities under the contract. In such cases, the Contractor shall promptly submit the name and qualifications of a key personnel replacement.

H.12 SUBSTITUTION OF KEY PERSONNEL

Substitution shall not be allowed without the advance written approval of the CO. The proposed substitute must possess equal or better qualifications and experience than the originally submitted professional. All substitutions or placements shall be at no additional cost to the Government.

H.13 FAILURE TO PROVIDE QUALIFIED PERSONNEL

Repeated failure or excessive delay by the Contractor to provide qualified personnel that meet the contract requirements and are acceptable to the Government to perform services contracted for, may be deemed sufficient reason by the CO to terminate work as provided for in the Termination for Default Clause, 52.249-10, Default (Fixed-Price Construction) or Termination (Fixed-Price Architectural-Engineer), FAR 52.249-7) of this contract.

H.14 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within fifteen (15) calendar days after the date of receipt of NTP for the design phase, the Contractor shall prepare and submit to the Contracting Officer for approval the design schedule of values on ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Values to be tied to the Progress Schedule, and when used with ARS Form 372, it will be basis for evaluation of requests for Partial Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the contract. The Schedule of Values line items must be approved by the Government; however, the Government will allow line items that are not being invoiced to be refined until design is complete. The Contractor must submit a final Schedule of Values for Construction within 30 days after construction NTP and Contractor cannot invoice for a line item until it is approved by the Government. A copy of the approved schedule of values will be returned to the DB Contractor.

(b) Electronic formats of both ARS Forms 371 and 372 will be provided to the Contractor.

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

(d) The need by an Offeror for partial or progress payments, when authorized in the payment provision of this solicitation will not be considered an adverse factor in making the award.

H.15 PROPERTY DAMAGE LIABILITY INSURANCE (USDA-ARS) (AUG 2000)

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.2285, 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, if any, 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 construction activities within or adjacent to the facility .

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

H.16 CONTRACT CLOSEOUT (Refer to G.3)

PART II – CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html and Agricultural Acquisition Regulation (AGAR): http://www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

OR IMPROPER ACTIVITY

CLAUSE

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OF MONEY

REQUIREMENTS FOR CONSTRUCTION

CLAUSE

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CONTRACTS