SOLICITATION CLAUSES AND PROVISIONS.docx

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 Specifications and Drawings, in accordance with the clauses, attachments, and other terms and conditions set forth herein for the Uninterrupted Power Supply (UPS) Modifications at the Western Regional Research Center (WRRC), located in Albany, California.

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: WRRC UPS Modifications $_________________

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 so that it will enable the Government to determine the reasonableness of the contractor’s and subcontractor’s costs 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 120 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 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

52.246‑12 AUG 1996 INSPECTION OF CONSTRUCTION

E.2 FINAL INSPECTION

(a) A final inspection shall be made for the WRRC 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.3 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection at WRRC 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 120 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 shall not exceed 120 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 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 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. 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 Contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The 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 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:

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) 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 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 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 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 Contractor in the CPARS system and notification from the CPARS system will be sent to the 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 Invoice Processing Platform (IPP), the contractor shall submit draft or informational copies to the Contracting Officer and Engineering Project Manager (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 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

H.1 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 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 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, 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 Contractor receives approval to work outside of normal working hours, 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.2 ACCEPTANCE OF QUALIFICATIONS

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.3 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.4 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.5 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.6 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 Notice to Proceed (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 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.7 PROPERTY DAMAGE LIABILITY INSURANCE (USDA-ARS) (AUG 2000)

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228‑5, 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, 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.8 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

OF MONEY

REQUIREMENTS

CLAUSE

(DEVIATION FEB 2025)

CONTRACTS

CONTRACT

PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION FEB 2025)

I.2 INSURANCE COVERAGE (AGAR 452.228-71) (NOV 1996)

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

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

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I.3 REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE

CONSTRUCTION CONTRACTS (AGAR 452.232-70) (NOV 1996)

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

1.4 NOTICE OF PROGRESS PAYMENTS (FAR 52.232-13)(APR 1984)

The need for customary progress payments conforming to the regulations in Subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be considered as an adverse factor in the award of the contract. The Progress Payments clause included in this solicitation will be included in any resulting contract, modified or altered if necessary in accordance with subsection 52.232-16 and its Alternate I of the FAR. Even though the clause is included in the contract, the clause shall be inoperative during any time the Contractor’s accounting system and controls are determined by the Government to be inadequate for segregation and accumulation of contract costs.

I.5 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (FAR 52.245-2) (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost, damaged, or destroyed Government property. If any or all of the Government property is lost, damaged, or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

© Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

I.6 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA DESIGNATED ITEMS (FAR 52.223-9) (MAY 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer.

I.7 FOAMS (FAR 52.223-21) (JUN 2016)

(a) Definitions. As used in this clause–

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/.

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as–

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/.

I.8 EQUAL OPPORTUNITY FOR VETERANS (FAR 52.222-35) (JUNE 2020)

(a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. The Contractor shall conserve any utilities furnished.

I.11 DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

(a) The contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as being inhering with work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

I.12 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-3) (APR 1984)

(a) The contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the…