12SPEC18B0017_SF1442.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)

NRCS-HQ-12SPEC

USDA-NRCS SPECIALIZED CONTRACTING T

1400 INDEPENDENCE AVENUE, SW

ROOM 6801-S

NRCS-HQ-12SPEC

WASHINGTON DC 20250

TAMARA LANIER 919-873-2195

x

10/02/2018

12SPEC18B0017

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

Projects consist of selective clearing and snagging along select sections of Departee Creek and the construction of a low water weir at the outlet of Lake Whitstine, Independence, Arkansas.

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.

In accordance with FAR 36.204, the estimated magnitude of construction for this project is between $500,000 and $1,000,000.

The NAICS code for this solicitation is 237990, Other Heavy and Civil Engineering Construction.

The Small Business Size Standard for this NAICS code is $36.5M.

This solicitation is a Total Small Business Set-Aside.

This is an Invitation for Bid (IFB) solicited using the Sealed Bid Procedures of

FAR 14.

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.)

5 calendar days and complete it within ________________ _______________ 0 calendar days after receiving

FAR clause 52.211-10, Section

10/24/2018

NSN 7540-01-155-3212

x x x x

______0_______ copies to perform the work required are due at the place specified in Item 8 by ___________________ (hour) local time

_____60_ 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) varies J

EST

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-MSS Raleigh 4407 Bland Road

Suite 117 Raleigh NC 27609

NRCS-HQ-12MSSNC

TAMARA M. LANIER

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...

tami.lanier Typewritten Text

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12SPEC18B0017

Bids shall be submitted via email to tami.lanier@wdc.usda.gov, including the bid bond.

A site showing will be held on October 4, 2018 at 10am. Participants will meet at 1370 Meadow Lake Rd, Oil Trough, AR 72564, (35.58833, -91.41974)

The first project component, Departee Creek Clearning & Snagging, shall be completed by

10/31/19.

The second project component, Lake Whitstine Weir, shall be completed by 2/28/19.

The anticipated projects start date is mid-November. If your firm in not able to begin work come mid-November, award cannot be made to your firm. The performance periods are critical.

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

Sponsored by GSA

FAR (48 CFR) 53.110

tami.lanier Typewritten Text

Updated thru FAC 2005-100 eff 8/22/2018 4 Solicitation No. 12SPEC18B0017

PART I – THE SCHEDULE

DEPARTEE CREEK WATERSHED PROJECTS

CLEARING & SNAGGING and LAKE WHITSTINE WEIR

INDEPENDENCE COUNTY, ARKANSAS

SECTION 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

Departee Creek Clearing & Snagging

1 Mobilization / Demobilization 8 1 LS XXXXXX $ 2 Debris and Deposition Removal

Segment A 640+00 to 765+00

430 12.5 Section* $ $

3 Debris and Deposition Removal Segment B 797+00 to 1215+91

430 41.8 Section* $ $

4 Debris and Deposition Removal Segment C 1215+91 to 1318+20

430 10.2 Section* $ $

5 Debris Disposal Areas 6 42 Each $ $

6 Seeding, Sprigging, Mulching 6 44 Acre $ $

Lake Whitstine Weir

1 Mobilization / Demobilization 8 1 LS XXXXXX $

2 Clearing & Grubbing 2 1 LS XXXXXX $

3 Excavation, Foundation 21 1 LS XXXXXX $

4 Rock Riprap, FS2 61 1300 TON $ $

5 Rock Riprap, FS3 61 550 TON $ $

6 Rock Riprap, R150 61 1150 TON $ $

7 Ingress-Egress and Site Restoration 8 1 LS XXXXXX $

8 Seeding, Sprigging, Mulching 6 1 LS XXXXXX $

TOTAL BID: $

*Section equals 1,000 feet of channel

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.

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

Updated thru FAC 2005-100 eff 8/22/2018 6 Solicitation No. 12SPEC18B0017

SECTION C - DESCRIPTION/SPECIFICATIONS

The projects consist of selective clearing and snagging along select sections of Departee Creek and the construction of a low water weir at the outlet of Lake Whitstine.

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.

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.

Updated thru FAC 2005-100 eff 8/22/2018 7 Solicitation No. 12SPEC18B0017

SECTION D - PACKAGING AND MARKING

No clauses included in this section.

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SECTION E - INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar

52.246-12 Inspection of Construction. (Aug 1996) https://www.acquisition.gov/?q=browsefar

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SECTION F - DELIVERIES OR PERFORMANCE

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar

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 5 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the first project component, Departee Creek Clearning & Snagging, by 10/31/19.

Complete the second project component, Lake Whitstine Weir, by 2/28/19.

The time stated for completion shall include final cleanup of the premises.

The anticipated projects start date is mid-November. If your firm in not able to begin work come mid- November, award cannot be made to your firm. The performance periods are critical.

52.236-1 Performance of Work by the Contractor. (Apr 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 51percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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 10 hours per day, 6 days per week, Monday through Saturday.

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:

Memorial Day 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

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SECTION 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/

Updated thru FAC 2005-100 eff 8/22/2018 12 Solicitation No. 12SPEC18B0017

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)”]

Updated thru FAC 2005-100 eff 8/22/2018 13 Solicitation No. 12SPEC18B0017

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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.

Updated thru FAC 2005-100 eff 8/22/2018 14 Solicitation No. 12SPEC18B0017

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.

Updated thru FAC 2005-100 eff 8/22/2018 15 Solicitation No. 12SPEC18B0017

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 be 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.

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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.

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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.

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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.

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.

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.

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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

SECTION I - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar

52.203-3 Gratuities. (Apr 1984) 52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-7 Anti-Kickback Procedures. (May 2014) 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. (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2016) 52.204-13 System for Award Management Maintenance. (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015) 52.214-29 Order of Precedence—Sealed Bidding. (Jan 1986) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011) 52.219-8 Utilization of Small Business Concerns. (Nov 2016) 52.219-14 Limitations on Subcontracting. (Jan 2017) 52.219-28 Post-Award Small Business Program Rerepresentation. (Jul 2013) 52.222-3 Convict Labor. (Jun 2003) 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation. (May 2014) 52.222-6 Construction Wage Rate Requirements. (May 2014) 52.222-7 Withholding of Funds. (May 2014) 52.222-8 Payrolls and Basic Records. (May 2014) 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) 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. (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222- 50 Combating Trafficking in Persons. (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (Mar 2016) 52.333-62 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 (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-4 Patent Indemnity – Construction Contracts. (Dec 2007)

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52.228-2 Additional Bond Security. (Oct 1997) 52.228-11 Pledges of Assets. (Jan 2012) 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. (Oct 2010) 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. (Jul 2013) 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) 52.236-2 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) 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. (Apr 1984) 52.236-12 Cleaning Up. (Apr 1984) 52.236-16 Quantity Surveys. (Apr 1984) 52.236-17 Layout of Work. (Apr 1984) 52.236-21 Specifications and Drawings for Construction. (Feb 1997) Alternate I (Apr 1984) 52.242-13 Bankruptcy. (Jul 1995) 52.243-4 Changes. (Jun 2007) 52.244-2 Subcontracts. (Oct 2010) 52.244-6 Subcontracts for Commercial Items. (Nov 2017) 52.248-3 Value Engineering—Construction. (Oct 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). Alternate I (Sep 1996) 52.249-10 Default (Fixed-Price Construction). (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991)

52.204-1 Approval of Contract (Dec 1989) This contract is subject to the written approval of the Contracting Officer, USDA, Natural Resources Conservation Service, Raleigh, NC and shall not be binding until so approved.

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

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“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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52.222-35 Equal Opportunity for Veterans. (Oct 2015)

(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 FAR 22.1301.

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