SOLICITATION - SECTIONS B - M.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 OWNERSHIP AND DOCUMENTS…………………………………………………34

H.16 PROPERTY DAMAGE LIABILITY INSURANCE (USDA-ARS)…………………34

H.17 CONTRACT CLOSEOUT (REFER TO G.4)………………………………………35

H.18 SEQUENCE OF DESIGN-CONSTRUCTION……………………………………. 35

H.19 RESPONSIBILITY OF DESIGN-BUILD CONTRACTOR…………………… 35

H.20 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE……………………35

H.21 PROPOSED BETTERMENTS (NOT ACCEPTED PRIOR TO AWARD)………36

H.22 NAL SPECIAL CONDITIONS……………………………………………………….36

I.10 EQUAL OPPORTUNITY FOR VETERANS (FAR 52.222-35)(JUNE 2020)…..49

I.11 EQUAL OPPORTUNITY FOR WORERS WITH DISABILITIES

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

I.12 AVAILABILITY AND USE OF UTILITY SERVICES………………………………50

I.13 CONSTRUCTION WAGE RATE REQUIREMENTS…………………………… 50

I.14 DIFFERING SITE CONDITIONS…………………………………………………..54

I.15 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK……….54

I.16 MATERIAL AND WORKMANSHIP…………………………………………………55

I.17 SUPERINTENDENCE BY THE CONTRACTOR…………………………………56

I.18 PERMITS AND RESPONSIBILITIES………………………………………………56

I.19 OTHER CONTRACTS……………………………………………………………….56

I.20 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

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

I.21 OPERATIONS AND STORAGE AREAS…………………………………………..57

I.22 USE AND POSSESSION PRIOR TO COMPLETION……………………………57

I.23 CLEANING UP………………………………………………………………………..58

I.24 ACCIDENT PREVENTION…………………………………………………………..58

I.25 LAYOUT OF WORK………………………………………………………………….59

I.26 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 FACTORS FOR EVALUATING PHASE II PROPOSALS…………………. 100

M.4 BASIS OF AWARD…………………………………………………………… 102

Solicitation No. 1232SA21R0009 Page #83

PART I – THE SCHEDULE

SECTION B SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SCOPE OF CONTRACT

This is a Two Step Design Build (DB), Small Business Set Aside procurement. The prospective (DB) Contractor shall perform all professional services necessary to plan, develop, and furnish construction drawings and specifications in accordance with the Bridging Documents (BDs) requirements, provisions, terms and conditions stated in this document for the design and construction for the Boiler Modernization Project at the National Agricultural Library (NAL), located in Beltsville, Maryland.

The DB Contractor shall also furnish all labor, tools, materials, equipment, supplies, transportation, and supervision for complete construction of the NAL Boilers, in accordance with the BDs and the accepted design submittals, attachments, clauses and all terms and conditions contained in this document.

The scope of this contract will require the DB to remove and replace two (2) ~5000 1000 BTU’s per hour (MBH) gas boilers and replace them with two (2) high-efficiency gas + heat-oil fueled boilers, along with associated valves and pumps. The proposed construction at NAL will be performed on an active research facility. The NAL facility must remain operational throughout construction.

The BDs will consist of a complete 50% design submission.

B.2 SCHEDULE OF ITEMS

This solicitation is based upon a two-phase design-build selection procedure.

Item No. Description Price/Cost

BASE ITEM: DB of NAL Boilers, Beltsville, Maryland

01a BASE ITEM - Design.………………………………..$____________

01b BASE ITEM - Construction ………………………..$____________

ALL FOR THE LUMP SUM OF …………………$____________

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

B.3 COST LIMITATION – TARGET CEILING

The target ceiling for contract award for design and construction is $1,600,000.00 based on the funds made available for this project. The Government cannot guarantee that additional funds will be made available for award. Offerors are under no obligation to approach this ceiling.

B.4 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 – BRIDGING DOCUMENTS

C.1 BRIDGING DOCUMENTS

The DB Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the work specified in the Bridging Documents referenced in Section J. Bridging Documents will be provided as an Attachment, as noted in Section J.

C.2 ATTACHMENTS TO BRIDGING DOCUMENTS

The attachments to the Bridging Documents listed in Section J are hereby made part of this solicitation and any resultant contract.

C.3 CLARIFICATION OF LANGUAGE CONTAINING BID/PROPOSAL

This solicitation is a competitive Request for Proposal (RFP) under FAR Part 15.

While this solicitation, including specifications, drawings, and attachments, may make reference to “bids” and/or “proposals” interchangeably, any reference to “bid(s)” shall not be mistaken for an Invitation for Bid (IFB) under FAR Part 14.

Also, if any references are made to additive items in the specifications or drawings, the term additive item will mean the same as option item.

This RFP includes the attached “Bridging Documents.” The Bridging Documents are not complete plans and specifications. All plans and specifications associated with NLAE have been developed to approximately a 50% design submission.

C.4 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 FINAL DESIGN DOCUMENTS AND SUBMISSIONS

Final documents shall be submitted/distributed in electronic format on a USB flash drive and by bounded paper copies of full-size drawings and specifications in accordance with the distribution schedule identified in section F.8.A. The electronic formats on the USB flash drive shall conform to the requirements for AS-BUILT Drawings in Section G.5.

D.2 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

E.2 INSPECTION AND ACCEPTANCE (DESIGN)

Each deliverable shall be reviewed by the Government to ensure compliance with the project requirements. The Government may include, as part of its review, the services of another A-E firm to perform design review services and/or value engineering.

Acceptability of deliverables shall be based on the Government’s satisfaction that the Project Requirements have been fulfilled in accordance with the terms and conditions of the contract. Construction of items not supported by the completed design or a design submittal accepted by the Government are performed at the DB Contractor’s risk.

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

(b) Inspection and acceptance will be performed at:

USDA-ARS-NAL

E.4 FINAL INSPECTION

(a) A final inspection shall be made for the NAL when all materials have been furnished and all work required by BDs haws 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 building 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 DB Contractor for its inspection, the DB Contractor may be charged with any additional cost of re-inspection.

(b) The DB Contractor shall give the Contracting Officer 15 calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

(c) The DB 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. Balancing Reports – air and hydraulic system balance

c. Commissioning Report – provided by a 3rd party commissioning agent

d. Special equipment testing certifications

e. Record of systems demonstrations

f. Operating manuals and instructions for equipment items

g. Guarantees and warranty schedule and contacts

h. Certificates and inspections

i. Training of appropriate Government personnel

j. Certified payroll records for all prime and subcontractor employees

(d) As soon as practicable following final inspection, the Contracting Officer will inform the DB 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.5 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection at NAL 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 DB 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 DB Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the DB Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 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 DESCRIPTION OF DESIGN SUBMITTAL CONTENTS

A. 65 Percent Design Submittal

1. Drawings. Provide all sheets, fully developed to at least the 75% completion stage. At this stage, the final building product should be apparent to the Government reviewing board. No conflicts between mechanical, electrical, structural, architectural, or other disciplines shall exist.

a) The drawings shall be adequately dimensioned and noted to reflect the intended work.

b) Areas to be demolished shall be clearly identified. Drawings shall clearly distinguish between existing and new work.

c) All appropriate equipment and hardware schedules required for the work shall be included and developed to the 65 percent completion stage.

d) Sufficient cross sections, elevations, and details shall be shown and cross-referenced to provide a complete representation of the total work intended. All plans shall be in sufficient detail to show all intended partitions and equipment locations.

2. Specifications. All specification sections that pertain to work in NAL were developed to an approximate 50% completion stage by Toland and Mizell. The 50% BD Specifications shall be updated to the 65% completion level and submitted electronically with track changes enabled to allow viewing of changes that have been made.

3. Analyses and Calculations. When appropriate, the design calculations shall be revised to reflect all prior review comments.

4. Cost Breakdowns. Provide cost breakdown in sufficient detail to allow accurate reviews of the design.

5. Other Documents. With this submittal, the A-E shall include the following documents:

a) A-E Design Checklist. The completed A-E Design Checklist.

b) Submittal Register. The preliminary submittal register listing the required CC submittals with referenced specification paragraphs.

c) Construction Schedule Timeline The A-E shall prepare construction time estimates by identifying 20-25 major activities as successive milestones. The Activities Timeline shall include the following items among the major activities:

· Notice to Proceed for Design

· Design submissions & review periods

· Notice to Proceed for Construction

· Mobilization

· Completion of mechanical systems upgrades

· Commissioning – handled by an independent 3rd party

B. 95 Percent Design Submittal

1. General. At this submittal stage, all prior review comments shall have been resolved, and the associated changes shall have been incorporated into the documents.

2. Drawings. Provide completed drawings with all symbols and legends identified, and all schedules. Drawings shall be completely noted and fully dimensioned. All details, elevations, sections, schedules, and diagrams shall be included as required to completely show the proposed work.

3. Specifications. Provide typed specifications in final format with all provisions included. The A-E shall provide special attention in developing Division I of the specifications. Developing Division 1 shall be closely coordinated with the CO and the CO authorized representatives.

4. Cost Breakdowns/Schedule of Values. Provide a draft Schedule of Values. Each Schedule of Values line item must be finalized and approved by the Government before DB Contractor can invoice for that line item. Contractor may refine line items until the line items are approved by the Government. After all design work is complete, contractor has 30 days to finalize and submit Schedule of Values for approval of all remaining line items.

5. Analyses and Calculations. When appropriate, the design calculations shall be revised to reflect all prior review comments.

6. Other Documents: With this submittal, the A-E shall include the following documents.

a) A-E Design Checklist. Submit the completed A-E design checklist.

b) Submittal Register. Provide a final submittal register listing all required construction submittals with their referenced specification paragraphs.

c) Safety and Environmental Plans. Provide updated safety and environmental plans.

C. 100% - Final Turnover

Upon approval and acceptance by the Government of the pre-final design submittal documents, the A-E shall submit a copy of the final drawings (signed and sealed by the A-E), specifications, final project asset report, and final Schedule of Values to the CO. These final design documents will be the Construction Documents used to construct the project.

F.6 DESIGN REVIEW PROCEDURES

A. Distribution

The DB Contractor shall submit 5 USB flash drives with a copy of all submission files in electronic PDF format and paper copies for 65%, 95%, and 100% - Final design submissions. Design submittals are to be submitted to the following Government Representatives:

Angela Wingert, Contract Specialist 1 USB Flash Drive USDA, ARS, Contracting Operations Branch George Washington Carver Center, 3-2150B 5601 Sunnyside Avenue, Mailstop 5117 Beltsville, MD 20705, Chaprie Robinson, Contracting Officers Representative 1 USB Flash Drive USDA, ARS, FD, Modernization Branch National Agricultural Library 10501 Baltimore Avenue Beltsville, MD 20705

B. Tracking Design Review Comments, Submittals, and Change Orders

The DB Contractor will provide and keep current a system to track Government design review comments, submittals, and change orders. The system can be a web-based or other electronic program to accurately keep the project data current, shall updated by the DB Contractor within 2 working days and be able to provide the Government project management representatives written status reports.

C. Design and Code Checklists

The DB Contractor shall submit a completed ARS A-E Design Checklist at each design submission.

D. Design Progress Meetings and Reviews

General

At least one design review and one design review meeting is required for each design submittal. The DB Contractor shall include additional interim design progress conferences or over-the-shoulder reviews, bi-weekly or as agreed, to ensure continued government concurrence with the design work. The submittal review periods and meetings shall be included in the project schedule and shall indicate what part of the design work is at what percentage of completion. The required design review meeting shall be held within 10 calendar days after completion of the Government review.

Procedures

After providing a design submittal, the DB Contractor shall allow the Government 21 calendar days to develop and submit its design review comments. For each design review submittal, the COR or Location Coordinator will furnish to the DB Contractor all Government representative comments in a spreadsheet format with a column identified for the DB Contractor’s response. The review will be for conformance with the technical requirements of the solicitation and the Bridging Documents. The DB Contractor shall return the comments with a response for each item. If the DB Contractor disagrees technically with any comment or comments and does not intend to comply with the comment, he/she must clearly outline, with ample justification, the reasons for noncompliance within five (5) days after receipt of these comments in order that the comment can be resolved. The DB Contractor is cautioned that if it believes the action required by any comment exceeds the requirements of this contract, that it should take no action and notify the CO and the COR/LC in writing immediately. The Design Progress Meeting will be held for each design submittal at the project site. The DB Contractor shall bring the personnel that developed the design submittal to the review conference. The meeting will take place within 10 calendar days after the receipt of the comments by the DB Contractor.

Design Progress Meeting Documentation

In order to facilitate and accelerate the Government code and design reviews, the DB Contractor shall identify, track resolution of and maintain all comments and action items generated during the design process and make this available to the designers and reviewers prior to the subsequent design reviews.

The DB Contractor shall prepare meeting minutes and shall enter final resolution of all comments. Copies of comments, annotated with comment action agreed on, will be made available to all parties before the meeting adjourns. Unresolved problems will be resolved by immediate follow-on action at the end of meetings. All valid comments will be incorporated. The Government reserves the right to reject design document submittals if comments are significant. Participants shall determine if any comments are critical enough to require further design development prior to government concurrence. Participants shall also determine how to proceed in order to obtain government concurrence with the design

F.7 SCHEDULE SUBMITTAL FOR DESIGN PHASE

Within 15 calendar days after award of contract, but before the Notice to Proceed, the DB Contractor shall provide the Contracting Officer (CO) a schedule of actual dates for individual design submittals, including the Government review time. The Government requires a minimum of 21 calendar days for review of the 65 Percent and 95 percent submissions, and a minimum of 10 calendar days to review the Final Turnover Submittal. Within 10 days after the Government comment period, the on-site Design Progress Meeting will be held, and the resolution of comments will be documented by the DB Contractor and submitted to the Government.

The overall contract period of performance is 365 calendar days from Design Notice to Proceed. The time period allows for the total performance for both the design and construction.

F.8 CONSTRUCTION PROJECT SCHEDULE AND SUBMITTALS

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

The total duration of the contract, including design and construction, shall not exceed 365 calendar days.

F.9 DESIGNER OF RECORD

The DB Contractor ("Design-Builder", "DB" or simply "Contractor") shall identify, for approval, the Designer of Record ("DOR") that will be responsible for each area of design. One DOR may be responsible for more than one area. All design work for each discipline and specialty shall be performed by a licensed Professional Engineer or registered Architect in the State of Maryland. Each Architect or Professional Engineer shall identify, seal, and certify their portion of the Drawings and Technical Specifications in conformance with the Iowa law regulating Licensed Professional Engineers and Registered Architects. If the deliverables are not ready for release for construction, they should be identified as "preliminary" or "not for release for construction" or by using some other appropriate designation. The DOR(s) shall also be responsible for maintaining the integrity of the design and for compliance with the contract requirements through construction and documentation of the as-built condition by coordination, review and approval of extensions of design, material equipment and other construction submittals, review and approval or disapproval of requested deviations to the accepted design or to the contract, coordination with the Government of the above activities, and by performing other typical professional designer responsibilities.

F.10 DEVIATING FROM THE GOVERNMENT CONCURRED DESIGN

(a) The construction contractor must obtain the approval of the DOR and the Government’s concurrence for any contractor proposed revision to the professionally stamped and sealed and Government reviewed and Concurred design, before proceeding with the revision.

(b) The Government reserves the right to non-concur with any revision to the reviewed and concurred by the Government document previously submitted.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(d) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished BDs criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the DB Contractor's expense.

(e) The DB Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The DOR shall document its professional concurrence on the as-builts for any revisions in the sealed and certified drawings and specifications.

SECTION G CONTRACT ADMINISTRATION DATA

G.1 REFERENCES TO CONTRACTOR

All references to “Architect-Engineers, Contractor(s), Construction Contractor,” etc., within this contract, shall all be understood to mean the Design/Build Contractor of this solicitation/contract, and shall herein be named the “Contractor.”

G.2 MEETINGS

(See also F.8 DESIGN REVIEW PROCEDURES)

(a) POST-AWARD CONFERENCE

In accordance with H.1 (AGAR 452.215-73), a post award conference will be held at the project site to review specific technical and design submittal requirements contained in the contract. The DB Contractor’s design team (construction and design project manager, architect, structural engineer, mechanical engineer, civil engineer, and electrical engineer, etc.) shall attend the meeting and discuss their plans for accomplishing the work, identify the number of drawings anticipated and how the project specifications will be prepared. Also, during this conference, Government representatives will discuss administrative matters relating to construction.

(b) GOVERNMENT CONFORMANCE REVIEW PRIOR TO CONSTRUCTION

The Government will provide design reviews of DB Contractor submissions to verify adherence to contract requirements. Design reviews by the Government are not to be interpreted as an approval of the DB Contractor’s apparent progress toward meeting contract requirements or complying with code requirements, but are intended to discover any information that can be brought to the DB Contractor’s attention that might prevent costly errors and misdirection. The DB Contractor shall remain completely responsible for designing, constructing, installing, and ensuring that the facilities and equipment are operational, in full accordance with the requirements of this solicitation.

The Government shall either concur with the DB Contractor’s working drawings and specifications or shall advise the DB Contractor in writing of any corrections/changes that must be incorporated in order that the drawings or specifications comply with the requirements. The Government or its representative shall provide the written comments within 21 calendar days after receipt of the 75% and 95% submittals and 21 calendar days after receipt of the final submittal.

The Government’s review is for the purpose of ensuring that the design is in conformance with the contract requirements. The Government’s design review shall not be construed as a waiver from meeting requirements contained in the contract that may have been omitted from the DB Contractor prepared design documents.

Partial or incomplete design submissions will not be reviewed and will be returned immediately to the DB Contractor for completion and resubmission. Design submissions found not to be in compliance with the requirements of the contract will be returned to the DB Contractor for correction and resubmission. Under either of these circumstances, the Government will have 15 calendar days from receipt of appropriate design documents for review purposes with no increase in the total contract completion time.

(c) DESIGN REVIEW MEETINGS

The DB Contractor’s design team shall meet with Government representatives at the NAL, Beltsville, MD; to assess design progress with regard to the contract schedule, note any areas where the design may not be conforming to the requirements of the contract, and to address any technical issues. At a minimum the design project manager, architect, mechanical engineer, civil engineer (when applicable) and electrical engineer shall attend the design review meetings. DB Contractor shall have other team members available by conference call if not in attendance. The meeting will occur after the minimum 21 calendar day Government review period but before proceeding to the next design submission. The DB Contractor shall be responsible for incorporating the comment resolutions into the next design submission. Both the meeting and resolution will be completed within 15 calendar days after the Government review period.

(d) 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 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.4 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.5 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. DB 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.6 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.7 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.8 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.9 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).

(b) Design-Related Work Payments for design-related work will be based on the “Design Price” in Schedule B.

Submission Requirement When Payable

65% Design Submission After Government Review and Concurrence

95% Design Submission After Government Review and Concurrence

100 %Final Design Submission After Government Concurrence