S01 IFB 12FPC321B0010 EWP McGrath AK.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1027654

FPAC BUS CNTR-ACQ DIV-OPS BRANCH-SE

1400 INDEPENDENCE AVE SW, RM 6801-S

WASHINGTON DC 20250

FPAC-HQ-12FPC3

Laureen M. Eipp, Contracting Officer laureen.eipp@usda.gov

SHARLA GOFORTH 405-571-3383

x

06/21/2021

12FPC321B0010

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

EWP - Streambank Stabilization - McGrath, Alaska

The McGrath EWP 2021 project seeks to stabilize eroding riverbank downstream of the existing riprap revetment. A series of four stream barbs will be constructed to stabilize the eroding bank. A riprap revetment extension will also be constructed upstream of the existing riprap revetment. The purpose of this revetment extension is to prevent flanking of the existing revetment due to continued bank erosion upstream. Upon contract award, the successful bidder shall be authorized to begin the mobilization and stockpiling of quarry materials, there is not set performance period for this work. The period of performance for the construction will be 90 days upon receipt of the Notice to Proceed which is anticipated to be issued in June

2022 when conditions are suitable at the site to commence work.

The solicitation is unrestricted, full and open competition.

A firm fixed price construction contract is anticipated under Sealed Bidding procedures of FAR Part 14.

In accordance with FAR Part 36.204, the estimated magnitude of the project is

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

7 90 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

07/21/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA-NRCS NEW YORK STATE OFFICE

441 S. SALINA STREET

SUITE 354

ROOM 520

NRCS-NY-122C31

SYRACUSE NY 13202

LAUREEN M. EIPP

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12FPC321B0010

between $1,000,000 and $5,000,000.

NAICS code for this solicitation is 237990, Other

Heavy and Civil Engineering Construction. The

Small Business Size Standard for which is $39.5 million.

A site visit will be held on Wednesday, July 7, 2021 at 1 p.m. local time. Interested participants should meet in the second floor group room of the Cap'n Snow Center in McGrath, AK.

Bids and offer guarantee shall be submitted by email to the address in block 8. Instructions can be found in Section L beginning on page 46.

Bid opening will be performed virtually via teleconference. Information on how to participate can be found in Section L on page 47.

EWP Streambank Stabilization - McGrath, Alaska

Delivery: 09/30/2022

Delivery Location Code: NRCS-AK-120150

USDA-NRCS-ALASKA STATE OFFICE

800 E Palmer-Wasilla Highway

SUITE 100

PALMER AK 99645 US

0001 See bid schedule - Page 4

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 12FPC321B0010

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PART I – THE SCHEDULE

EWP Streambank Stabilization – McGrath, Alaska

B - SUPPLIES OR SERVICES AND PRICES

This solicitation requires bidding on all line items, failure to do so will disqualify the bid.

Item No.

Supplies/Services Spec.

No.

Quantity Unit Unit Price Amount

1 Clearing and Grubbing 2 1 LS XXXXXX

2 Pollution Control 5 1 LS XXXXXX

3 Seeding, Fertilizing and Mulching 6 1 LS XXXXXX

4 Construction Surveys 7 1 LS XXXXXX

5 Mobilization and Demobilization 8 1 LS XXXXXX

6 Traffic Control 9 1 LS XXXXXX

Unclassified Excavation, Revetment Extension 21 6,348* CY

8 Earthfill 23 1 LS XXXXXX

9 Rockfill 25 1,922* CY

10 Gradation Testing, Rock Riprap 61 12* EA

11 Rock Riprap, Revetment Extension

61 6,624* CY

12 Rock Riprap, Stream Barbs 61 4,653* CY

13 Contractor Quality Control 94 1 LS XXXXXX

14 Geotextile 95 1 LS XXXXXX

15 Critical Path Scheduling 400 1 LS XXXXXX

TOTAL BID: $____________________________

SUBMITTED BY:___________________________________DUNS#____________________

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52.211-18 Variation in Estimated Quantity. (Apr 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.(End of clause)

Quantities marked with an * above are estimated quantities and the clause FAR 52.211-18, 52.211-18 Variation in Estimated Quantity, applies.

ONE AWARD FOR THE AGGREGATE OF ALL ITEMS WILL BE MADE AS A RESULT OF

THIS SOLICITATION

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C - DESCRIPTION/SPECIFICATIONS

The village of McGrath is located in interior Alaska, approximately 220 miles northwest of Anchorage, with a population of about 325. McGrath is situated on the banks of the upper Kuskokwim River, at the confluence of the Takotna River. McGrath is a remote Alaska community not accessible by road and can only be reached via air or water transportation.

The McGrath EWP 2021 project seeks to stabilize eroding riverbank downstream of the existing riprap revetment. A series of four stream barbs will be constructed to stabilize the eroding bank. A riprap revetment extension will also be constructed upstream of the existing riprap revetment. The purpose of this revetment extension is to prevent flanking of the existing revetment due to continued bank erosion upstream.

There is a local source of rock material approximately 12 miles outside of McGrath, but this source is only accessible by unimproved road. This road is capable of neither supporting significant volumes of traffic nor any heavy loads necessary to transport rock materials from the quarry to McGrath. Based on previous experience in the area, contractors typically produce riprap when it fits into their work schedule and then transport the riprap or other quarry materials to McGrath during December-March timeframe when the unimproved road is frozen to such a degree that it can bear the heavy and repetitive loads without damage. NRCS makes no representation as to whether the local quarry is capable of producing construction materials meeting the requirements of the contract. It is also possible that the successful bidder may choose to barge rock riprap and other materials into McGrath. NRCS has not designated a source of the riprap or other construction materials.

It is anticipated that the successful bidder will mobilize to McGrath during the summer of 2021 and will begin producing rock riprap sometime between late summer 2021 and January 2022. It is further anticipated that the contractor will transport the rock riprap and other quarry materials to McGrath in the January-March 2022 timeframe, when the unimproved road is frozen to the degree it can handle the traffic. Rock riprap and other quarry materials can be stockpiled in McGrath at the designated staging area.

Actual construction of the project work, including the revetment extension and the four stream barbs, is anticipated to occur sometime in the June-September 2022 timeframe. Actual notice-to-proceed will be issued by the Contracting Officer when conditions are suitable at the site to commence work.

Performance time is 90 calendar days for the actual construction work. No set performance time is established for the production of riprap and other quarry materials and transport of those materials to McGrath other than all quarry materials that will be obtained from the local quarry near McGrath must be stockpiled at the staging area in McGrath no later than March 31, 2022. This deadline includes all testing necessary to verify the materials meet contract requirements and measuring volumes to ensure adequate quantities of materials have been delivered.

AGAR 452.211-72 Statement of Work/Specifications. (Feb 1998) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of clause)

AGAR 452.211-73 Attachments to Statement of Work/Specifications. (Feb 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract. (End of clause)

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D - PACKAGING AND MARKING

No clauses included in this section.

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E - INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (Aug 1996)

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F - DELIVERIES OR PERFORMANCE

52.236-15 Schedules for Construction Contracts. (Apr 1984) 52.242-14 Suspension of Work. (Apr 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 7 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 September 30, 2022. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 -- Liquidated Damages – Construction. (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,304 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

52.211-13 -- Time Extensions. (Sept 2000) 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. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

4I-52.249-70 Time Extensions for Unusually Severe Weather. (Nov 2013)

(a) This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with FAR clause 52.249-10, Default (Fixed-Price Construction). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project.

The delay must be beyond the control and without the fault or negligence of the Contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect those anticipated adverse weather delays in all weather dependent activities.

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MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON A 6 DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(31) (28) (31) (30) (1) (2) (3) (4) (3) (9) (30) (31)

(c) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. An actual adverse weather delay must prevent work on critical activities for fifty (50) percent or more of the Contractor's scheduled work day. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b) above, the Contractor may submit a written request for a modification for extension of performance time due to unusually severe weather. The Contracting Officer will convert any qualifying delays into calendar days, giving full consideration for equivalent fair weather days, and issue a modification in accordance with FAR clause 52.249-10, Default (Fixed-Price Construction).

(End of Clause)

Maximum Workweek – Construction Schedule Within 3 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval, the hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 12 hours per day, 7 days per week, Monday through Sunday.

Work Performance on Holidays The Contractor shall not perform work on the following holidays except in the case of emergency as permitted elsewhere in this contract:

Independence Day Labor Day Thanksgiving Day Christmas Day New Year's Day

The contract performance time has been established to allow for the non-working holidays stated above.

The Contractor may be permitted to work the following remaining designated Federal holidays provided that he/she submits a letter of request to the Contracting Officer at least five (5) days in advance of the holiday.

Columbus Day Veterans Day Washington's Birthday Martin Luther King, Jr.'s Birthday Memorial Day

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G - CONTRACT ADMINISTRATION DATA

Contracting Officer’s Authority The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof and all contract terms and conditions remain unchanged.

Contracting Officer’s Representative The Contracting Officer’s Representative (COR) is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO in the COR’s appointment letter. This letter specifies the extent of the COR’s authority to act on behalf of the CO. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other term or condition of the contract. Any subsequent change to the COR or COR responsibilities will be confirmed, in writing, by the CO. A COR does not have the authority to and may never –

1. award, agree to, or execute any contract, contract modification, or notice of intent;

2. obligate, in any way, the payment of money by the Government;

3. make a final decision on any contract matter which is subject to the clause at FAR 52.233-1, Disputes; or

4. terminate, for any cause, the contractor’s right to proceed.

If the contractor does not receive a copy of the COR appointment letter, the contractor is required to request a copy of it from the CO prior to commencing work. Individuals not designated in writing as a COR by the CO are not considered a COR and do not have the authority delegated to the COR. If the contractor considers any action or inaction by a COR, any other government employee (such as an inspector), or representative or agent of the government as a change to the contract terms and conditions they must notify the contracting officer immediately and not proceed with any such change until approved by the contracting officer

Designated Payment Office Contact Point The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 5 days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

USDA, National Finance Center Administrative Payments Branch (APB) Telephone: (800) 421-0323 or (504) 426-6510

If questions arise on the amount paid, contact the contracting officer at the number or address shown in the contract.

Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

https://www.ipp.gov/

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Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- Itemization of the amounts requested;

- Subcontractor listing showing 1) each subcontractor and the total value of the subcontract, 2) the portion of the instant progress payment that will be made to each subcontractor, and 3) the total amount previously paid to each subcontractor;

- Payment request certification from the clause; and

- Release of claims (final payment only).

“I, (Name of Contractor), do hereby release the United States of America from any and all claims and liabilities of any character whatsoever arising under and by virtue of contract number (Identify Contract) dated (Date) as amended, except as stated.

(Date of Release) (Signature of Contractor)”

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H - SPECIAL CONTRACT REQUIREMENTS

52.204-14 Service Contract Reporting Requirements. (Oct 2016)

52.236-4 Physical Data. (Apr 1984) Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by USDA, Natural Resources Conservation Service

(b) Weather conditions: National Oceanic Atmospheric Administration (NOAA) Climatological Data

(c) Transportation facilities: Federal, State and County roads, and the access roads shown on the drawings.

(End of clause)

52.236-13 Accident Prevention. (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will-

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1- 1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of clause)

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NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA PARTS 1910

AND 1926

CONSTRUCTION INDUSTRY AND INTERPRETATIONS

The contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.

Requests for variances or waivers from this supplement are to be made to the contracting officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include--

(1) Specific reference to the provision or standard in question;

(2) An explanation as to why the waiver is considered justified; and

(3) The contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the contracting officer to render a decision.

No waiver or variance will be approved if it endangers any person. The contractor shall not proceed under any requested revision of a provision until the contracting officer has given written approval.

The contractor is to hold and save harmless the Natural Resources Conservation Service free from any claims or causes of action whatsoever resulting from the contractor or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Part 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from:

Superintendent of Documents U. S. Government Printing Office Washington, D.C. 20402

GENERAL CONTRACTOR REQUIREMENTS

1.1 SAFETY PROGRAM. Each contractor is to demonstrate that he or she has the facilities for conducting a safety program commensurate with the work under the contract. The contractor is to submit a written safety program to the contracting officer for approval before the start of construction operations.

The program is to specifically state what provisions the contractor proposes to take for the health and safety of all employees.

1.2 PRECONSTRUCTION SAFETY MEETING. Representatives for the contractor are to meet with the contracting officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract.

1.3 JOINT SAFETY POLICY COMMITTEE. The contractor or designated onsite representative is to participate in monthly meetings of a Joint Safety Committee, composed of Natural Resources Conservation Service and contractor supervisory personnel. At these meetings the contractor's project manager and the Contracting Officer will review the effectiveness of the contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work.

1.4 SAFETY PERSONNEL. Each contractor is to designate a competent supervisory employee satisfactory to the Contracting officer to administer the safety program.

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1.5 SAFETY MEETINGS. A minimum of one "one-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors for all construction personnel at the job site. The contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision.

1.6 SAFETY INSPECTION. The contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies.

1.7 FIRST AID TRAINING. Every contractor foreman's work crew must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, American Red Cross, or other state-approved organization.

1.8 REPORTS. Each contractor is to maintain an accurate record of all job related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the contracting officer. A copy of all reports is to be provided to the contracting officer. All fatal or serious injuries are to be reported immediately to the contracting officer, and every assistance is to given to the investigation of the incident, including submission of a comprehensive narrative report to the contracting officer. Other occurrences with serious accident potential, such as equipment failures, slides and cave-ins, must also be reported immediately. The contractor is to assist and cooperate fully with the contracting officer in conducting accident investigations. The contracting officer is to be furnished all information and data pertinent to investigation of the accident.

FIRST-AID AND MEDICAL FACILITIES

2.1 FIRST AID KITS. A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated.

2.2 EMERGENCY FIRST AID. At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the contractor to care for injured employees. The names of the certified employees shall be posted at the job site.

2.3 COMMUNICATION AND TRANSPORTATION. Prior to the start to work, the contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. At least one stretcher and two blankets shall be readily available for transporting injured employees.

2.4 FIRST AID AND MEDICAL REPORTS. The contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the contracting officer and are to include:

(a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses;

(b) Cumulative record of injury for each individual;

(c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and

(d) Required records for worker's compensation.

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2.5 SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations.

2.6 EMERGENCY LISTING. A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations.

PHYSICAL QUALIFICATION OF EMPLOYEES

3.1 GENERAL REQUIREMENTS. Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or other reason that may jeopardize themselves or others.

3.2 HOIST OPERATORS. Operators of cranes, cableways, and other, hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The contractor is to submit a copy of each certification to the contracting officer.

3.3 MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the part year showing that they are physically qualified to operate vehicles safely.

PERSONAL PROTECTIVE EQUIPMENT

4.1 HARDHAT AREAS. The entire jobsite, with the exception of offices, will be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The contractor shall provide hardhats to visitors entering hardhat areas.

4.1.1 LABELS. Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard.

4.2 POSTING. Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) with white background shall be erected at access points to designated hardhat areas:

CONSTRUCTION AREA -- HARDHATS REQUIRED BEYOND THIS POINT

These signs are to be furnished and installed by the contractor at entries to shops, construction yards, and job access points.

MACHINERY AND MECHANIZED EQUIPMENT

5.1 SAFE CONDITION. Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators.

5.2 TAGGING AND LOCKING. The controls of power-driven equipment under repair are to be locked.

An effective lockout and tagging procedure is to be established, prescribing specific responsibility and safety procedures to be followed by the persons performing repair work.

5.3 HAUL ROAD FOR EQUIPMENT

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5.3.1 ROAD MAINTENANCE. The contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard adequate dust-laying equipment shall be available at the jobsite and utilized to control dust.

5.3.2 SINGLE LANE HAUL ROADS. Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents.

5.3.3 TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used.

5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and drawings, if requested by the contracting officer, are to be submitted for approval prior to road construction.

Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance.

5.3.5 OPERATORS. Machinery and mechanized equipment shall be operated only by authorized qualified persons.

5.3.6 RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is prohibited.

Seating and safety belts shall be provided for the operator and all passengers.

5.3.7 GETTING ON OR OFF EQUIPMENT. Getting on or off equipment while the equipment is in motion is prohibited.

5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job.

5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES,

GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS)

5.4.1 PERFORMANCE TEST. Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safety handle and maneuver the rated loads.

The tests shall be conducted in the presence of a representative of the contracting officer. Test data shall be recorded and a copy furnished the contracting officer.

5.4.2. PERFORMANCE TEST--POWER CRANES (Crawler mounted, truck mounted, and wheel mounted). The performance test is to be carried out with outriggers set and with a test load weighing 110 percent of the rated load. In testing cableways the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

5.4.3. PERFORMANCE TEST--DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS,

AND HOISTS, INCLUDING OVERHEAD CRANES. This equipment is to be performance tested with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to

Updated thru FAC 2021-05 dated March 10, 2021 Page 18 of 48 the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

5.4.4 BOOM ANGLE INDICTOR. Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order.

5.4.5 CRANE TEST CERTIFICATION. The performance test required by 5.4.2 and 5.4.3 is fulfilled if the contractor provides the contracting officer a copy of the certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the contracting officer.

5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice of the 10- foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes and related equipment.

5.4.7 BOOM STOPS. Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 83 or less, until completely stopping the boom at not over 87 above horizontal.

5.4.8 SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers.

When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning.

5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

5.5.1 ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926 Subpart W Overhead Protection Sections 1000 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment.

5.5.2 EQUIPMENT REQUIRING ROPS. The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push and pull tractors, winch tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment.

5.5.3 EQUIPMENT REQUIRING SEATBELTS. The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment.

5.6 LADDERS AND SCAFFOLDING.

5.6.1 LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders.

5.6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451. Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing.

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5.6.3 SAFETY BELTS, LIFELINE, AND LANDYARDS. OSHA 1926, Subpart E, Section 104.

Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 5.6.1 and 5.6.2 above cannot be met.

(a) Work on stored material in hoppers, bins, silos, tanks or other confined spaces.

(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, typing reinforcing bars; and work from or other unguarded locations at elevations greater than 6 feet.

(c) Work on skids and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided.

AGAR 52.236-73 Archaeological or Historic Sites. (Feb 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

(End of clause)

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (Nov 1996)

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

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

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

(End of clause)

AGAR 452.236-76 Samples and Certificates. (Feb 1988) When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

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

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PART II—CONTRACT CLAUSES

I - CONTRACT CLAUSES

52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities. (Apr 1984) 52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-7 Anti-Kickback Procedures. (Jun 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (Jun 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Jun 2020) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015)

52.214-26 Audit and Records – Sealed Bidding. (Jun 2020) 52.214-27 Price Reduction for Defective Cost or Pricing Data – Modifications – Sealed Bidding.

(Jun 2020) 52.214-28 Subcontractor Cost or Pricing Data – Modifications - Sealed Bidding. (Aug 2020 52.214-29 Order of Precedence—Sealed Bidding. (Jan 1986)

52.219-8 Utilization of Small Business Concerns. (Oct 2018) 52.219-9 Small Business Subcontracting Plan (Jun 2020) Alt 1 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1991) 52.219-28 Post-Award Small Business Program Rerepresentation. (May 2020)

52.222-3 Convict Labor. (Jun 2003) 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation. (May 2018) 52.222-6 Construction Wage Rate Requirements. (Aug 2018) 52.222-7 Withholding of Funds. (May 2014) 52.222-8 Payrolls and Basic Records. (Aug 2018) 52.222-9 Apprentices and Trainees. (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements. (Feb 1988) 52.222-11 Subcontracts (Labor Standards). (May 2014) 52.222-12 Contract Termination—Debarment. (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014)

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52.222-14 Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 Certification of Eligibility. (May 2014) 52.222-21 Prohibition of Segregated Facilities. (Apr 2015) 52.222-26 Equal Opportunity. (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-37 Employment Reports on Veterans. (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222-50 Combating Trafficking in Persons. (Oct 2020) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Sep 2013) 52.223-6 Drug-Free Workplace. (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021)

52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity – Construction Contracts. (Dec 2007)

52.228-2 Additional Bond Security. (Oct 1997) 52.228-11 Pledges of Assets. (Feb 2021) 52.228-12 Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-14 Irrevocable Letter of Credit. (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction. (Jun 2020)

52.229-3 Federal, State, and Local Taxes. (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014) 52.232-17 Interest. (May 2014) 52.232-23 Assignment of Claims. (May 2014) 52.232-27 Prompt Payment for Construction Contracts. (May 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management. (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.233-1 Disputes. (May 2014) 52.233-3 Protest after Award. (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-2 Differing Site Conditions. (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (Apr 1984) 52.236-5 Material and Workmanship. (Apr 1984) 52.236-6 Superintendence by the Contractor. (Apr 1984) 52.236-7 Permits and Responsibilities. (Nov 1991) 52.236-8 Other Contracts. (Apr 1984)

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52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(Apr 1984) 52.236-10 Operations and Storage Areas. (Apr 1984) 52.236-11 Use and Possession Prior to Completion.