124D9018Q0017_Baraboo_River__WRP.pdf

BARABOO RIVER WETLAND RESTORATION PROGRAM

124D9018Q0017

PART I

SECTION B – SUPPLIES OR SERVICES AND PRICES

BARABOO RIVER WETLAND RESTORATION PROGRAM (WRP) CONSTRUCTION

PROJECT, COLUMBIA COUNTY, WISCONSIN

PRICE SCHEDULE

Item

No.

Description Estimated

Quantity

Unit Unit

Price

Amount

001 Mobilization / Demobilization 1 JOB $

Excavation

JOB

Earthfill

Berm Ripping

Seeding

1.0

Acres

TOTAL QUOTE: $

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This acquisition for commercial items will be conducted using simplified procedures under FAR Part 13 and 13.5.

(ii) This solicitation number 124D9018Q0017 is issued as a Request for Quotations (RFQ), and the acquisition procedures at FAR Parts 12 and 13 are being utilized. The Government reserves the right to make award without negotiations. We will award one base year.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72, dated January 1, 2014.

(iv) This is a 100% SMALL BUSINESS SET ASIDE and the applicable NAICS code is 237990 – Other Heavy and Civil Engineering Construction: Restoration. The size standard for this NAICS code is $36.50 million. Only quotes from small businesses will be considered. A size standard is the largest that a concern can be and still qualify as a small business for Federal Government programs. Size standards are the average annual receipts of a firm. How to calculate average annual receipts of a firm can be found in 13 CFR § 121.104. For more information on these size standards, please visit http://www.sba.gov/size. The size standards are listed at http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf

Contracting Office Address Department of Agriculture, Natural Resources Conservation Service, Howard Stover, Contracting Officer375 Jackson Street, Suite 600, St. Paul, MN 55101-1854

Responses are due by 11:00 a.m. Central Time, 10 August 2018 at USDA-NRCS (Attn: Howard Stover), 375 Jackson Street, Suite 600, St Paul, MN 55101. Quotes may be submitted via email only.

Howard.Stover@wdc.usda.gov

Contact Howard Stover, Contracting Officer, via telephone at (651) 602-7934 or by e-mail Howard.Stover@wdc.usda.gov for information regarding this solicitation. No questions concerning this solicitation will be responded to after 15:00 pm 6 August 2018.

There will be a site visit on 27 August 2018 at 10:00 am. Meet at W10040 Cascade Mountain Road, Portage, WI. 53901. The POC is the site visit is Tyler Maass at 608-745-7359;

Tyler.Maass@wi.usda.gov

(vii) Date(s) and Place(s) of Delivery and Acceptance. Delivery and acceptance shall be as set forth in the SOW. Invoices will be approved by the Contracting Officer.

(viii) The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. The following addenda also apply. Offerors must read and follow these additional instructions to receive consideration.

1. System for Award Management (SAM) Registration In order to comply with the Debt Collection Improvement Act of 1996, all Contractors must be registered in the System for Award Management, or SAM (formerly Central Contractor Registration (CCR)) and Online Representations and Certifications Application (ORCA)) prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of proposals, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting an offer. For information regarding registration visit www.sam.gov. Successful offerors and their employees will also be required to provide a completed/signed NRCS Conservation Cooperator Certification as described in the PWS after award is made.

2. Technical Proposal and Past Performance Information http://www.sam.gov/

Offerors should submit resumes, curricula vitae, and/or a written narrative that thoroughly addresses all three (3) non-price evaluation factors listed in Section (ix) below. The narrative should be supported by evidence that gives credibility to the statements made by the offeror and in turn gives the Government enough information to understand and gain confidence in what the offeror is stating. There is no limit on the length of the narrative, but it should be of a reasonable length and well supported.

3. Price Proposal Submit unit and extended pricing for each Contract Line Item Number (CLIN) listed in (v) above.

Pricing must be provided for every CLIN.

4. Certification at FAR 52.209-7 Information Regarding Responsibility Matters and the Certification at AGAR 452.209–70 (Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction.)

The offeror must complete the two certifications by reading and checking the appropriate box(s). A copy of the text of the two provisions can be found in Section (xiii) below and as a separate attachment to this notice. Complete the certification using the attachment related to this notice.

5. Copies of Proposal The proposal technical/past performance must be submitted in Volume One and price proposal must be submitted in Volume two. Also include the certifications referenced in paragraph 4 above.

Offers can only be submitted by email.

Evaluation Factors:

FACTOR 1: Technical Approach.

Offerors must explain to the Government how they will accomplish the objectives of the statement of work.

Offerors must include specific description of the methodology they propose to use including how they would:

Management. Offerors shall provide information about their company. This information should include a description of their management structure including staff with relevant expertise available to complete the deliverables. Offerors shall describe how they intend to transition into this contract.

FACTOR 2: Similar Experience: When we evaluate your experience, we may contact your references in order to confirm the relevancy of the submitted contract/project experience.

Offerors are responsible for providing contract/project descriptions in sufficient detail to permit evaluation of contract/project relevancy.

FACTOR 3: Past Performance. Offerors are encouraged to provide information that may aid in the evaluation of its successful past performance, e.g., as letters of appreciation, performance evaluations, commendations, for contracts/projects of similar size and type of work.

Offerors are directed to Federal Acquisition Regulation (FAR) Part 15.305 and advised that where they are without a record of relevant past performance, or where information on past performance is not available, the offeror will be evaluated neither favorably nor unfavorably for past performance, but will receive half of the available points for the factor.

In reviewing and evaluating an offeror’s past performance, the Government may consider information obtained from the offeror and from any other sources available to it. The offeror should ensure that the identified references and points of contact are aware they may be contacted for information.

FACTOR 4: (Contract Officer Responsibility) Price. Offerors shall submit the bid sheet in this solicitation. Offers will be evaluated in accordance with paragraphs: BASIS FOR AWARD, EVALUATION FACTORS, and PRICE listed below.

ADDITIONAL INFORMATION TO BE PROVIDED IN PART D:

1. Acknowledgement of all amendments to the solicitation in accordance with the instructions on the Standard Form 30 (amendment form).

SOURCE SELECTION PROCESS

The principal objective of this process is to select the responsible offeror to be the overall Best Value to the

Government, price and other factors considered. The Government reserves the right to consider the information regarding past performance from sources outside the proposal. The right is reserved to accept other than the lowest price offers and to reject any or all offers. The process is designed to ensure the impartial, suitable, and comprehensive evaluation of all technically acceptable, responsible proposals received in response to this particular solicitation.

BASIS FOR AWARD

The Government intends to select, the responsible offeror whose proposal conforms to the solicitation and is determined to be the Best Value to the Government in accordance with the following relationship between price and technical merit. Technical Approach and Similar Experience are more important than Past

Performance and combined are more important than price.

SUBMITTALS

(1) The contractor is responsible for developing a milestone chart as part of their submittal. The Contractor will identify completion dates for each phase.

(2) Technical Volume- Proposal evaluation is an assessment of the proposal and your ability to perform the prospective contract successfully. The government evaluates all proposals on the same non-price/cost factors: Technical Approach, Past Performance, and Price.

(3) Price Volume

1. Proposal Format

a. The proposals shall be in the following format:

• Volume One: PART A - Factor 1 Technical Approach(Demonstrate technical & project management approach for ensuring delivery of requirement)

• Volume One: PART B - Factor 2 (Similar Experience)

• Volume One: PART B - Factor 3 (Past Performance)

• Volume Two PART C - Factor 4 (Price)

2. Proposal Characteristics

a. All text must be legible and easily read. All text shall be typed single-spaced.

Margins (1-inch) shall be clean and clear. Each Part shall be clearly marked and easy to read.

b. All proposals shall contain the requirements stated herein and every Part shall be identified by the name, address, and telephone number of the offeror on the cover.

Each Part shall also contain a Table of Contents and also a List of Tables, List of Figures, List of Appendices, and List of Acronyms, if applicable. The list of acronyms should include all acronyms appearing in the Part.

c. Proposal clarity, organization (as requested in this solicitation) and cross- referencing are mandatory. In order for the proposal to receive an in-depth evaluation, it is necessary that the proposal be presented in a manner, which will provide clarity, organization and cross referencing as required.

d. Each evaluation factor shall be described in a separate section, appropriately tabbed in a report form. The information in all parts shall be concise. Elaborate presentations are not necessary or desirable.

FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation as follows.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer who meets Best Value for the Government.

APPLICABLE WISCONSIN CONSTRUCTION

SPECIFICATIONS

PROJECT SPECIFICATIONS - Special Provisions

WISCONSIN CONSTRUCTION SPECIFICATION - 2. Excavation

WISCONSIN CONSTRUCTION SPECIFICATION - 3. Earthfill

WISCONSIN CONSTRUCTION SPECIFICATION - 7. Mobilization & Demobilization

WISCONSIN JOB SHEET 134 - How to Establish & Maintain Introduced Grasses &

LegumesNote: Where the term Technician is used throughout the solicitation and resultant contract, this term shall mean Contracting Officer’s Technical Representative (COTR).

SPECIAL CONSTRUCTION PROVISIONS

Contents: Work under this section is intended to supplement the individual construction specifications.

This section does not relieve the Contractor from fulfilling all items in said sections. The numbers of the section are referenced to those of USDA-NRCS-Wisconsin Section IV Technical Guide – Wisconsin Construction Specifications.

The Special Procedures items will supplement the standard specifications that are being referenced.

PERMITS

The contractor shall comply in entirety with the requirements of the following permits:

(i) WDNR General WPDES Permit for storm water discharge from a construction site.

(ii) WDNR Chapter 30 Water Quality Certification.

SEEDING

Description of Work

Contractor shall seed disturbed areas of the new berm, and existing berm. This work shall consist of the site preparation activities and furnishing and installing the necessary vegetative material as specified on the seeding sheet included in the Plan. A pre-planting conference will be held between the Contractor and the COR or their delegate to discuss the planting operation.

Planting will not begin before this meeting.

Measurement and Payment Seeding will be measured to the nearest tenth of an acre and will be paid based on acres installed for Seeding.

NEW BERM

Description of Work

Contractor will build new berm according to construction plan and follow all specifications listed in the plan. All fill will come from designated scrape areas on construction plan.

New berm will be measured and paid by the foot of berm built.

EXISTING BERM

Description of work

Contractor will rip existing berm with a frost tooth for the entire length of the berm in 4 passes.

Any areas that need to be excavated will be determined on site, and follow construction plan on how to repair rat holes. All fill will come from designated scrape areas.

Existing berm will be measured and paid by the foot of berm that is ripped.

SCRAPES

Description of work

Contractor will excavate scrapes to desired size and depth according to construction plans.

Scrapes will be measured and paid per scrape per the construction plans.

WISCONSIN CONSTRUCTION SPECIFICATIONS

SECTION 2 – EXCAVATION

Excavation will not be measured and will be paid per the job for Excavation.

SECTION 7 – MOBILIZATION AND DEMOBILIZATION

Mobilization and Demobilization will not be measured and will be paid per the job for Mobilization.

SECTION 3 -- EARTHFILL

EARTHFILL will not be measured and will be paid per job for Excavation/Earthfill.

WISCONSIN CONSTRUCTION SPECIFICATION

2. Excavation

(ii) SCOPE

The work shall consist of the excavation of all materials necessary for the construction of the work.

(iii) USE OF EXCAVATED MATERIALS

To the extent that they are needed, all suitable materials removed from the specified excavations shall be used in the construction of the required earthfill. The suitability of materials for specific purposes will be determined by the Technician. The Contractor shall not waste or otherwise dispose of suitable excavated materials.

(iv) DISPOSAL OF WASTE MATERIALS

All surplus or unsuitable excavated materials will be designated as waste and shall be disposed of at the locations shown on the drawings or as approved by the Technician.

Waste materials shall not be placed in wetlands.

Material placed in designated waste disposal areas shall be left in a neat and sightly condition and sloped to provide positive drainage. Compaction of the waste materials will not be required unless specified by the construction plans.

Waste material excavated from channels may be deposited in leveled spoilbanks or areas adjacent to the channel work (if permissible). The shape and slopes of the spoilbanks shall be indicated on the drawings or as approved by the Technician. Spoil piles shall be located a minimum of 12 feet from the top of the channel side slope.

Spoil piles or disposal areas shall be protected to minimize site erosion and the production of sediment. Protective measures may include but are not limited to diversions, seeding, mulching, sediment basins, and silt fences.

(v) SPECIAL REQUIREMENTS FOR STRUCTURE AND TRENCH EXCAVATION

The required dimensions and side slopes of all structure and trench excavations shall be as shown on the drawings.

Excavation beyond the limits of the specified lines and grades shall be corrected by filling the resulting voids with approved compacted materials.

Excavation for the installation of pipes shall follow the practices contained in the

Occupational Safety and Health Administration (OSHA) Subpart P, Excavation, of 29 CFR

1926.650, .651 and .652.

Side slopes shall be excavated or braced to safeguard the work and workers. When bracing or supporting is required, the width of the excavation shall be adjusted to allow for the space occupied by the sheeting, bracing, or other supporting installations. The Contractor shall furnish, place, and subsequently remove such supporting installations.

(vi) REMOVAL OF WATER

The Contractor shall construct and maintain all necessary cofferdams, channels, flumes, pumping equipment, and/or other temporary diversion and protective work for dewatering the various parts of the work. Foundations, cutoff trenches, and other parts of the work shall be maintained free from water as required for constructing each part of the work. After having served their purpose, all cofferdams and other temporary protective works shall be removed, or leveled to give a sightly appearance and so as not to interfere in any way with the operation, usefulness, or stability of the permanent structure.

(vii) BORROW EXCAVATION

When the quantities of suitable materials obtained from specified excavations are insufficient to construct the specified fill portions of the permanent works, additional materials shall be obtained from the designated borrow areas.

When shown on the drawings, sediment basins, terraces, diversions, or other measures shall be constructed to protect the borrow areas from erosion and retain sediment within the borrow area.

The upper six (6) inches shall be stripped from all borrow areas. This stripping shall be performed immediately prior to use of the borrow material to reduce the time the area is exposed to erosion. For large borrow areas, only a portion of the area should be stripped at a time. This material shall be redistributed over the area from which it came after borrow excavation is completed.

The extent of excavation and the selection of materials from the borrow area shall be as directed by the Technician. On completion of excavation, all borrow pits shall be left in a neat and sightly condition. All borrow areas shall be graded to blend with existing topography and sloped to prevent ponding and provide positive drainage.

3. Earthfill

1. SCOPE

The work shall consist of placing the earthfill required by the drawings. This specification does not apply to the earthfill required for waste storage facilities.

2. MATERIALS

All fill materials shall be obtained from required excavations and designated borrow areas.

The selection, blending, routing, and disposition of materials in the various fills shall be subject to approval by Technician.

Fill materials shall contain no sod, brush, roots, frozen soil, or other perishable materials.

Stones larger than two-thirds of the uncompacted layer thickness shall be removed from the materials prior to compaction of the fill.

3. FOUNDATION PREPARATION

The foundation area shall be cleared of trees, stumps, roots, brush, rubbish, and stones having a maximum dimension greater than six (6) inches. Foundations shall be stripped to remove vegetation and other unsuitable materials or to the depth shown on the drawings, whichever is greater. Topsoil shall be stripped from the foundation area and stockpiled for use as a top dressing for vegetation establishment unless otherwise shown on the drawings.

Earth foundations shall be graded to remove surface irregularities and slopes steeper than 1:1.

The foundation surfaces shall be scarified parallel to the centerline of the fill to a minimum depth of 2 inches. The moisture content of the scarified materials shall be maintained as specified for the earthfill. The surface materials of the foundation shall be compacted and bonded with the first layer of earthfill as specified for subsequent layers of earthfill.

4. PLACEMENT

Fill shall not be placed until the required excavation and preparation of the underlying foundation is completed and inspected and approved by the Technician. No fill shall be placed upon a frozen surface nor shall snow, ice, or frozen material be incorporated in the fill.

Fill shall be placed in approximately horizontal layers beginning at the lowest elevation of the foundation. The thickness of each layer of fill prior to compaction shall be as specified in

Table 1. Materials placed by dumping in piles or windrows shall be spread uniformly to not more than the specified layer thickness prior to compaction.

Adjacent to structures, earthfill shall be placed in 4-inch lifts (prior to compaction) in a manner adequate to prevent damage to the structure and to allow the structure to gradually and uniformly assume the backfill loads.

The height of the fill shall be increased at approximately the same rate on all sides of the structure.

Placement of fill adjacent to concrete structures may begin after the concrete has cured for the minimum time specified.

Earthfill in dams, levees, and other structures designed to impound water shall be placed to meet the following additional requirements:

a. The distribution of materials throughout each zone shall be essentially uniform, and the fill shall be free from lenses, pockets, streaks, or layers of material differing substantially in texture, moisture content, or gradation from the surrounding material.

b. The embankment top shall be maintained approximately level during construction except for sectional construction as described in Section 7.

c. Dam embankments shall be constructed in continuous layers from abutment to abutment, except where openings to facilitate construction or to allow passage of stream flow during construction are specified.

d. If the surface of any layer becomes too hard and smooth to achieve a suitable bond with the succeeding layer, it shall be scarified parallel to the axis of the fill to a depth of not less than 2 inches before the next layer is placed.

5. CONTROL OF MOISTURE CONTENT

Fill materials shall have a moisture content sufficient to insure the required compaction.

When kneaded in the hand, the soil will form a ball which does not readily separate and will not extrude out of the hand when squeezed tightly. The adequacy of the moisture content will be determined by the Technician.

Fill material or the top surface of the preceding layer of compacted fill that becomes too dry to permit suitable bond shall either be removed or scarified and wetted by sprinkling to an acceptable moisture content prior to placement of the next layer of fill.

Fill material that is too wet when deposited or the top surface of the preceding layer of compacted fill that becomes too wet shall be either removed or allowed to dry to an acceptable moisture content before compaction or placing additional layers of fill.

6. COMPACTION

The Contractor shall furnish and operate the types and kinds of equipment necessary to compact the fill materials.

Unless otherwise specified on the plans or approved by the Technician, compaction requirements for each layer of fill material are as shown in Table 1.

Each pass shall consist of at least one complete coverage by the wheel, track, or roller over the entire surface of the fill layer in a direction parallel to the main axis of the fill.

Adjacent to structures or in confined areas, compaction of the fill shall be accomplished by means of manually directed power tampers or plate vibrators or hand tamping, unless otherwise specified. The Technician shall determine if adequate compaction is being achieved. Heavy equipment shall not be operated within 2 feet of any structure. Compaction by means of drop weights operating from a crane or hoist of any type will not be permitted.

7. SPECIAL REQUIREMENTS FOR SECTIONAL CONSTRUCTION OF EMBANKMENTS

When sectional (or phase) construction of embankments is authorized, the work shall be accomplished in the following manner:

Each section of the embankment that is constructed in the first phase shall be so placed that a slope not steeper than 3 feet horizontal to 1 foot vertical is maintained at the end of the embankment section adjacent to the gap in construction or closure section.

Prior to placement of the closure sections, the surfaces of completed fills and excavations that will be in contact with the closure shall be stripped of all loose material, scarified, moistened, and recompacted as necessary.

Table 1 - Equipment Compaction Requirements

Equipment Type

Applicable Soils

Maximum

Fill Height

(feet)

Layer

Thickness

(inches)

Minimum

Passes

Sheepsfoot roller

(10,000 lb. min. operating weight)

ML, MH, CL, CH

or

SM, SC, GM, GC with

>20% fines

None

Vibratory tamping roller

(9,000 lb. min. operating weight) SM, SC, GM, GC None 9 2

Rubber-tired scraper (fully loaded) GM, GC, SM, SC, ML, MH, CL, CH

20 9 1

Rubber-tired front end loader

(fully loaded)

GM, GC, SM, SC, ML,

MH, CL, CH

20 6 1

Track-type crawler

(standard tracks)

30,000 lb. min.

GM, GC, SM, SC, ML, CL 10** 6 2

SP, SW, GP, GW 6** 12 4

CL, ML, SC, SM

## 3 2 less than 30,000 lb. GM, GC, GP, GW, SM, SC, SP, SW, ML, CL

6** 6 2

Farm tractor (2,400 lb. min.) GM, GC, SM, SC, ML, MH, CL, CH

15 6 2

Steel drum vibratory roller

(10,000 lb. min.)

SP, SW, GP, GW None** 12 2

Unified Soil Classification System.

Measured from the top of the fill to the lowest point along the centerline of the fill.

Prior to Compaction.

The Technician shall determine if adequate compaction is being achieved. Additional passes may be required.

** The fill shall not have a permanent body of water stored against it.

This method may only be used for embankments that will not have the potential for a permanent body of water stored against it that is greater than 1/4 acre in surface area or more than 6 feet deep.

DRAFT

7. Mobilization and Demobilization

1. SCOPE

The work consists of the mobilization and demobilization of the Contractor's forces and equipment necessary for performing the work required.

2. EQUIPMENT AND MATERIAL

Mobilization shall include:

• All activities and associated costs for transportation of the Contractor's personnel, equipment, and operating supplies to the site;

• Establishment of offices, buildings, and other necessary general facilities for the

Contractor's operations at the site

• Premiums paid for performance and payment bonds including coinsurance and reinsurance agreements as applicable

• Construction and maintenance of haul roads and equipment parking areas

• Other job related items

Demobilization shall include:

• All activities and costs for transportation of personnel, equipment, and supplies not utilized in the project from the site

• Disassembly, removal, and site cleanup of offices, buildings, and other facilities assembled on the site.

• Repair of access roads, temporary haul roads, and equipment parking areas leaving the project site in the same or better condition than at the start of the project.

• General cleanup and house keeping needed to restore a neat and orderly project site.

Access to the site, equipment parking, and staging areas are limited to that shown on the drawings or as approved by the technician.

52.212-2 EVALUATION—COMMERCIAL ITEMS (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Best Value: Best Value is defined as Best Value procurements utilize a Best Value Tradeoff Analysis, which gives the agency the ability to weigh proposal costs and benefits and award the contract to the offeror that will provide the “best value” to government – even if that comes at a higher price than another acceptable offer.

(b) The Evaluation factors are listed in order of importance and all factors other than price when combined are significantly more important than price.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

The Contractor shall provide all equipment, materials, and labor necessary to provide United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) with AutoCAD® Civil 3D® 2018 Training and Online CAD Performance Support Tools as described in the Performance of Work.

The completion time is 120 business days after award. Within 10 days after award, the Contractor shall contact the Contracting Officer’s Representative (COR)/Project Manager to initiate/discuss the general strategy for accomplishing the effort proposed.

Contract Clauses

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and there are no addenda.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition.

(b)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 253g and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C.

2313).

(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

(12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(23) 52.219-28, Post Award Small Business Program Re-representation (APR 2009)

(26) 52.222-3, Convict Labor (JUN 2003)

(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009)

(28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

(29) 52.222-26, Equal Opportunity (MAR 2007)

(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

(31) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)

(32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989).

(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(E.O. 13513).

(42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

(47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003)

(c)

(1) 52.222-41, Service Contract Act of 1965 (NOV 2007)

See wage determinations attached to this notice which the individual counties covered in each determination.

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option

Contracts) (Sep 2009)

Clauses

52.217-8 Option to Extend Services (Nov. 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

(End of clause)

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. Accordingly, by accepting this award the Contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the NRCS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

(End of Clause)

452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Contractor may proceed with disclosure. Disagreements not resolved by the and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

END OF SOLICITATION