C04 12FPC326B0014 Amendment 1.pdf

(x)

12FPC326B0014

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

FPAC-HQ-12FPC3

FPAC-HQ-12FPC3@usda.gov Western Section USDA FPAC Business Center

07/22/20260001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/17/2026

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment Date distributed : 17-JUL-26 changed to 22-JUL-26

Contract Specialist: Bobby Copenny, II, Phone: 817-509-3503, Email: bobby.copenny@usda.gov

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

BRIAN T. DWYER

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation No. 12FPC326B0014

Updated dated April 23, 2026

PART I – THE SCHEDULE

Streambank Stabilization Spice & War Creek Sites McDowell County, West Virginia

B - SUPPLIES OR SERVICES AND PRICES

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

Site: Item No.

Supplies/Services Spec.

No.

Quantity Unit Unit Price Amount

Site: 1 1 Seeding and Mulching 6 0.3 AC $ $

2 Mobilization and Demobilization 8 1 LS XXXXXX $ 3 Rock Riprap 62 390 TN $ $ 4 Grout for Rock Riprap 62 78 CY $ $

Site: 2 5 Seeding and Mulching 6 0.3 AC $ $ 6 Mobilization and Demobilization 8 1 LS XXXXXX $ 7 Steel Reinforcement, Foundation 34 70 SY $ $ 8 Rock Riprap, Foundation 61 210 TN $ $ 9 Gabions 64 198.0 CY $ $

Site: 3 10 Seeding and Mulching 6 0.3 AC $ $ 11 Mobilization and Demobilization 8 1 LS XXXXXX $ 12 Rock Riprap 62 671 TN $ $ 13 Grout for Rock Riprap 62 135.0 CY $ $

TOTAL BID: $____________________________

SUBMITTED BY:___________________________________UEI#____________________

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

THIS SOLICITATION

C - DESCRIPTION/SPECIFICATIONS

The USDA-NRCS, under the Emergency Watershed Protection Program, will complete work to remove materials in the stream that are compromising the capacity of the streams and stabilize areas adversely impacting structures.

CONTRACTOR RESPONSIBILITIES:

1. Provide all supervision, labor, tools, equipment, transportation, and material necessary to perform the work.

2. Follow industry standards, all federal and state, and local construction, safety and labor laws.

3. Contractor is responsible for their equipment. The Government is not liable for damages or losses of equipment due to theft or vandalism.

4. Remove all debris and excess materials from the site and dispose of them properly.

SITE VISIT.

Interested vendors can review the work site by attending the Site Visit on July 21, 2026, at 10:30am ET.

Site Visit Location: Paved parking lot near the Rt. 52 bridge that crosses Spice Creek.

GPS Coordinates: 37.4451661, -81.702033

Review of the work site is not mandatory, but highly recommended. Site Visit POC: Joe Wickline at joseph.wickline@usda.gov, 681-220-5765.

The magnitude of this project is between $500,000 and $1,000,000.

D - PACKAGING AND MARKING

No clauses included in this section.

E - INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (Aug 1996)

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. 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.

(End of clause)

F - DELIVERIES OR PERFORMANCE

52.236-15 Schedules for Construction Contracts. (DEVIATION Jul 2025) (and performance is longer than 60 days or specific action warrants)

52.242-14 Suspension of Work. (Apr 1984)

52.211-12 -- Liquidated Damages – Construction. (Sept 2000) (if determined necessary – must calculate rate and basis – see NRCSPOP 4I-11.501 and 502 – required over $700K)

(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 _______________________ [Contracting Officer insert amount] 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) (applicable only if Liquidated Damages Clause applies) 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)

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:

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

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

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.

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)”]

H - SPECIAL CONTRACT REQUIREMENTS

52.204-14 Service Contract Reporting Requirements. (DEVIATIN Nov 2025) (applies to contracts over $500K)

52.236-13 Accident Prevention. (DEVIATION Jul 2025)

(a) The Contractor shall provide and maintain work environments and procedures that—

(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) In addition, for 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)

(1) If the Contracting Officer becomes aware of any noncompliance with these requirements or any condition that poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer will notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action.

(2) 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.

(3) After receiving the notice, the Contractor shall immediately take corrective action.

(4) 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.

(5) 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 the substance of this clause, including this paragraph (e), in subcontracts.

(End of clause)

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.

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.

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

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 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.

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.

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. (Nov 2023)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (DEVIATION Nov 2025) 52.204-13 System for Award Management Maintenance. (DEVIATION Nov 2025)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEVIATION Sep 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(DEVIATION Sep 2025) (Applies to contracts exceeding $550K) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (DEVIATION Sep 2025)

52.214-26 Audit and Records – Sealed Bidding. (DEVIATION Nov 2025) (applies to contract over $750K) 52.214-27 Price Reduction for Defective Cost or Pricing Data – Modifications – Sealed Bidding.

(Jun 2020) (applies to contract over $750K) 52.214-28 Subcontractor Cost or Pricing Data – Modifications - Sealed Bidding. (DEVIATION Nov 2025) (applies to contract over $750K) 52.214-29 Order of Precedence—Sealed Bidding. (Jan 1986)

52.219-6 Notice of Total Small Business Set-Aside. (DEVIATION Nov 2025) or other appropriate set-aside clause 52.219-8 Utilization of Small Business Concerns. (DEVIATION Nov 2025) 52.219-14 Limitations on Subcontracting. (Oct 2022) (applies when set aside for small business or 8(a)) 52.219-28 Post-Award Small Business Program Rerepresentation. (DEVIATION Nov 2025)

52.222-3 Convict Labor. (DEVIATION Nov 2025) 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation. (DEVIATION Nov 2025) 52.222-6 Construction Wage Rate Requirements. (DEVIATION Nov 2025) 52.222-7 Withholding of Funds. (DEVIATION Nov 2025) 52.222-8 Payrolls and Basic Records. (DEVIATION Nov 2025) 52.222-10 Compliance with Copeland Act Requirements. (DEVIATION Nov 2025) 52.222-11 Subcontracts (Labor Standards). (DEVIATION Nov 2025) 52.222-12 Contract Termination—Debarment. (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014) 52.222-14 Disputes Concerning Labor Standards. (DEVIATION Nov 2025) 52.222-15 Certification of Eligibility. (May 2014) 52.222-37 Employment Reports on Veterans. (DEVIATION Nov 2025) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEVIATION Nov 2025) 52.222-50 Combating Trafficking in Persons. (DEVIATION Nov 2025) 52.222-54 Employment Eligibility Verification (DEVIATION Nov 2025) (applies for performance of more than 120 days) 52.222-55 Minimum Wages Under Executive Order 14026. (DEVIATION Nov 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (DEVIATION Nov 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION Apr 2026)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

(DEVIATION Nov 2025) 52.223-3 Hazardous Materials Identification and Material Safety Data. Alternate 1 (DEVIATION Nov 2025) (required only if delivery of hazardous materials is required) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) (required when performance is on a federal facility) 52.223-23 Sustainable Products and Services (DEVIATION Nov 2025)

52.226-4 Notice of Disaster or Emergency Area Set-Aside. (Nov 2007) (required if set-aside for disaster area) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area. (DEVIATION Aug 2025) (required if set-aside for disaster area) 52.226-7 Drug-Free Workplace. (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.227-1 Authorization and Consent (June 2020) 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. (Dec 2022) 52.228-14 Irrevocable Letter of Credit. (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction. (Jun 2020)

52.229-2 North Carolina State and Local Sales and Use Tax. (DEVIATION Jul 2025) (required for work in NC) 52.229-3 Federal, State, and Local Taxes. (DEVIATION Jul 2025)

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. (Jan 2017) 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. (Mar2023)

52.233-1 Disputes. (DEVIATION Sep 2025) 52.233-3 Protest after Award. (DEVIATION Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim. (DEVIATION Sep 2025)

52.236-2 Differing Site Conditions. (DEVIATION Jul 2025) 52.236-3 Site Investigation and Conditions Affecting the Work. (DEVIATION Jul 2025) 52.236-5 Material and Workmanship. (DEVIATION Jul 2025) 52.236-6 Superintendence by the Contractor. (DEVIATION Jul 2025) 52.236-7 Permits and Responsibilities. (DEVIATION Jul 2025) 52.236-8 Other Contracts. (DEVIATION Jul 2025) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(DEVIATION Jul 2025) 52.236-10 Operations and Storage Areas. (DEVIATION Jul 2025) 52.236-11 Use and Possession Prior to Completion. (DEVIATION Jul 2025) 52.236-12 Cleaning Up. (DEVIATION Jul 2025) 52.236-16 Quantity Surveys. (DEVIATION Jul 2025) (Use with Alternate I if government will not do) 52.236-17 Layout of Work. (DEVIATION Jul 2025) (Use when Construction Spec 7 is used) 52.236-21 Specifications and Drawings for Construction. (DEVIATION Jul 2025) Alternate II (Apr 1984) (used when reproducible shop drawing are NOT needed) or use with Alternate I (Apr 1984) when reproducible shop drawings are needed and required to be provided by contractor)

52.242-13 Bankruptcy. (Jul 1995)

52.243-4 Changes. (DEVIATION Jun 2025)

52.244-2 Subcontracts. (Jun 2020) 52.244-6 Subcontracts for Commercial Products and Commercial Services (DEVIATION Nov 2025)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering—Construction. (Oct 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price). Alternate I (Apr 2012) 52.249-10 Default (Fixed-Price Construction). (Apr 1984)

52.253-1 Computer Generated Forms. (DEVIATION Nov 2025)

52.222-35 Equal Opportunity for Veterans. (DEVIATION Nov 2025)

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

(b) Equal opportunity requirements. The Contractor must abide by the requirements of 38 U.S.C.

4212(a)(1) and (2). These requirements prohibit discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor must insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1302-1(a)(2) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (DEVIATION Nov 2025)

(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.225-9 Buy American-Construction Materials. (DEVIATION Nov 2025)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.