12SPEC18R0006_-_Solicitation_Package.pdf

12SPEC18R0006

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 3

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

90977105/01/2018 X

NRCS-HQ-12SPEC

NRCS-HQ-12SPEC

USDA-NRCS SPECIALIZED CONTRACTING T

1400 INDEPENDENCE AVENUE, SW

ROOM 6801-S

WASHINGTON DC 20250

USDA-NRCS SPECIALIZED SERVICES DELIVERY TEAM

646 CAJUNDOME BOULEVARD SUITE 180

LAFAYETTE, LA 70506

1400 CT 06/14/2018

VICKI SUPLER 337

vicki.supler@wdc.usda.gov

391-3142

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

VICKI SUPLER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12SPEC18R0006

(A) (B) (C) (D) (E) (F)

This is a Request for Proposal for a fixed price

Indefinite Delivery, Indefinite Quantity (IDIQ) contract to grow, transport and plant coastal wetland plants in Louisiana as more fully provided in the Statement of Work and specific work requirements contained in individual task order documents (construction plans, specifications and other documents to be issued for each task order). The base contract will be for one year and the Government, may at its option, extend the contract to a maximum of five

(5) years by exercising each of the four (4) one-year option periods.

Maximum Contract Amount: $750,000 per year

Minimum Contract Amount: $2,000

Estimate Price Range for Task Orders is $2,000 to

$750,000.

The Offeror is required to provide a detailed technical and cost proposal outlining their methodology, labor and equipment to complete the work identified in the Statement of Work and the sample task project (construction plans and specifications) included with this solicitation.

The technical and cost proposal is due no later than Thursday, June 14, 2018 at 2:00 p.m. Central

Time.

The Site Showing/Pre-Proposal Conference is scheduled as follows:

DATE: Tuesday, May 22, 2018

TIME: 10:00 a.m. Central Time

LOCATION: Abbeville Harbor & Terminal Public

Boat Launch

At Intercoastal City

25191 LA Highway 333

Abbeville, LA 70510

All Offeror(s) are required to supply their own airboat transportation from the launch to the project site. Under no circumstances will the Offeror(s) be allowed to ride in Government owned equipment. All Offeror(s) are required to confirm their attendance to Vicki Supler, at vicki.supler@wdc.usda.gov at least two days prior to the site showing for coordination purposes.

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12SPEC18R0006

(A) (B) (C) (D) (E) (F)

CWPPRA - LA-39 Coastwide Veg Planting; Yr 7 Little Vermilion Bay #2

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

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THE SCHEDULE

SECTION B – PRICES/COSTS

THE CONTRACTOR SHALL FURNISH ALL LABOR, EQUIPMENT AND MATERIALS TO PERFORM ALL

WORK REQUIRED BY THIS CONTRACT, AND PERFORM ALL WORK IN ACCORDANCE WITH THE

ATTACHED STATEMENT OF WORK AND THE CONSTRUCTION PLANS AND CONSTRUCTION

SPECIFICATIONS FOR EACH REQUIRED TASK ORDER.

This solicitation will result in the award of a single or multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract for various vegetative planting projects with firm fixed price task orders. The IDIQ base contract will be one year with four, one-year option periods. The maximum value for each contract awarded under this solicitation is $750,000.00 per year and the minimum value is $2,000. The estimated price range for each issued task order will be between $2,000 and $750,000.

Offerors are required to submit technical and cost proposals for the base IDIQ contract and the sample task project provided with this solicitation. The Statement of Work (SOW), construction specification, constructions drawings and other documents for the sample task project is listed in Section J as attachments to this solicitation. The technical and cost proposals will be used as the basis of selecting multiple awardees for award of the IDIQ contracts. Evaluation will be as described in Section M of this solicitation. Upon completion of the selection and award process, the highest ranked Offeror will be issued a task order for the sample project included in the solicitation.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SCOPE OF CONTRACT

The Contractor shall furnish all labor, supervision, equipment and materials to perform all operations necessary to accomplish the work in accordance with the Solicitation Provisions, Contract Clauses, Statement of Work, and construction specifications and construction drawings for task orders issued as a result of this solicitation.

This procurement will result in the award of one or multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts for vegetative plantings.

LOCATION OF WORK

All work sites will be located in Louisiana.

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement 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.

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SECTION D - PACKAGING AND MARKING

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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):

http://www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-4 Inspection of Services – Fixed Price AUG 1996 52.246-16 Responsibility for Supplies APR 1984 http://www.arnet.gov/far/

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SECTION F - DELIVERIES OR PERFORMANCE

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):

http://www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.211-18 Variation in Estimated Quantity APR 1984

52.242-14 Suspension of Work APR 1984 52.242-15 Stop Work Order AUG 1989

52.242-17 Government Delay 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 entire work ready for use not later than 127 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-11 LIQUIDATED DAMAGES—SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the government liquidated damages of $900 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

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SECTION G - CONTRACT ADMINISTRATION DATA

TASK ORDER PLACEMENT PROCESS

The Government shall provide multiple awardees fair opportunity to be considered for each task order exceeding $2,000.

The Contracting Officer will solicit task order offers by issuing written requests for price proposals and site specific work plans for each specific project. A task order solicitation package for each project will include specifications and drawings, time and other performance requirements specific to the project, applicable Service Contract Act Wage Rates, site showing information and specific submission requirements. Offerors will normally be provided 10 working days for submission of price proposals and site specific work plans.

In consideration of the Government’s selection and placement of the IDIQ contractor into a limited competitive pool for multiple vegetative planting projects, the IDIQ contractor agrees to propose on each requirement for which it is solicited.

Notification of an intent to “no bid” shall be provided to the Contracting Officer within 5 days of receipt of the request for offer and shall include the rationale. Repeated failure to propose on solicited requirements without both proper notification and acceptable rationale may be cause for exclusion for competing for future task orders. A contractor waives the right of any guaranteed minimum if they fail to submit a proposal without first obtaining Contracting Officer approval.

By submitting an offer in response to a task order solicitation, the offeror agrees to comply with all terms and conditions contained in the task order solicitation and contract. There is no specific format for price proposals and accompanying work plans but each proposal shall be signed and dated by an authorized representative of the company. At a minimum, all site specific work plans must include a listing of all labor and equipment to be utilized.

Incomplete offers may be a basis for determination of unacceptability of the offer and removal of the offer from consideration. The offer will be reviewed for completeness with the requirements of the task order solicitation.

The task order solicitation is a request for offer only and does not constitute authority to proceed or to incur any costs associated with contract performance. No legal liability on the part of the Government for any payment may arise until a task order is awarded by the Contracting Officer.

Task order awards will primarily be based on the lowest price technically acceptable proposal. The Contracting Officer shall also consider the following factors in awarding each task order:

1. Past performance on earlier orders under the contract (if any), including quality and timeliness.

2. Potential impact on other orders placed with the contractor.

3. Soundness of work plan which demonstrates knowledge and understanding of the requirement.

At the discretion of the Contracting Officer, an Offeror with unsatisfactory performance may be excluded from competing for future orders until such time as the contractor demonstrates that performance problems have been rectified.

The proposed task order price and work plan will be evaluated for price reasonableness and realism to ascertain if the proposed price and work plan is realistic for the work to be performed and reflects an understanding of the task order requirements. The proposed price will be evaluated by comparison against the Independent Government Estimate and prices submitted by other Offerors.

The Government will normally make task order awards without holding discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Task orders shall be placed in writing by authorized Contracting Officer’s for the Natural Resources Conservation Service.

Task orders shall contain the following information:

1. Date of order

2. Contract Number and Task Order Number

3. Project Description (to include specifications and drawings)

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4. A Department of Labor Wage Determination

5. Quantities and Unit Prices of all Tasks Ordered

6. Performance Schedule

7. Place of Performance

8. Task Order Amount

The Contracting Officer may amend tasks in the same manner in which they were issued. In the event of a conflict between the task order and the contract, the contract shall prevail.

Authorized Ordering Officials

All warranted Contracting Officers of the USDA-Natural Resources Conservation Service are authorized to place orders under this contract. Orders shall be issued in writing by issuance of Optional Form 347, Order for Supplies or Services (OF 347).

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 another person 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.

Contracting Officer’s Representative

The Contracting Officer’s Representative (COR) is an individual designed in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administration functions with the scope and limitations as defined by the CO. The COR does not have the authority to modify the contract. Any subsequent change by the COR or COR responsibilities will be confirmed, in writing, by the CO. In no instance shall the COR be delegated authority to order any change in the Contractor’s performance which would affect cost.

NRCSPOP 4I-52.232-70 - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). 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.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

(i) A complete remittance address along with vendor identification number on the second line, if electronic funds transfer (EFT) is elected.

(ii) Billing period.

(iii) Itemization of payment requests by contract item number (CIN) as shown in Schedule B of the contract.

Invoice will include the quantity performed that is being invoiced, the unit price and the CIN total price, and a sum total of amount of payment requested. Invoice will also include the cumulative quantities and amount by CIN.

(iv) A listing of the amount included for work performed by each subcontractor under the contract.

(v) A listing of the total amount of each subcontract under the contract.

https://www.ipp.gov/

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(vi) A listing of the amounts previously paid to each such subcontractor under the contract

(vii) A signed certification as required by FAR Clause 52.232-2, Payments.

(viii) A copy of the payrolls and statements of compliance not previously submitted to cover the billing period.

(3) The FINAL invoice billing shall also contain the following RELEASE OF CLAIMS statement as follows:

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

(Date of Release) (Signature of Contractor)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.252-4 Alterations in Contract (APR 1984)

Portions of this contract are altered as follows: 52.236-13 Accident Prevention is altered to include the NRCS Supplement to OSHA Parts 1910 and 9126, Construction Standards and Interpretations:

52.236-13 Accident Prevention (NOV 1991) – Alternate I (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.

(f) Before commencing the work, the Contractor shall—

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

NATURAL RESOURCES CONSERVATION SERVICE

SUPPLEMENT TO OSHA PARTS 1910 AND 1926

CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

GENERAL CONTRACTOR REQUIREMENTS:

1.1 SAFETY PROGRAM. Each contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The contractor is to submit in writing a proposed

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The program is to specifically state what provisions the contractor proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards.

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 on-site representative is to participate in monthly meetings of a joint Safety Policy Committee, composed of the Soil Conservation Service (Contracting Local Organization in locally awarded contracts) 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 "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. 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 be given in 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 an accident.

1.9 CERTIFICATION OF INSURANCE. Contractors are to provide the contracting officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes."

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 jobsite.

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2.3 COMMUNICATION AND TRANSPORTATION. Prior to the start of 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 QUALIFICATIONS 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 any 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 HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others.

3.4 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 past 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, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The contractor shall provide hardhats for 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) and white background shall be erected at access points to designated hardhat areas:

CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT

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

4.3 SAFETY GOGGLES (DRILLERS)

4.3.1 DRILLERS AND HELPERS. Drillers and helpers operating pneumatic rock drills must wear protective safety goggles.

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 responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair.

5.3 HAUL ROADS 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 the 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.

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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 on-site 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 safely 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 capacity when the boom angle is from 30° to 60° above the horizontal. The test is to consist of raising, lowering and braking the load and rotating the test load through 360° at the specified boom angle or radius. Cranes equipped with jibs or boom tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case.

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 INDICATOR. Power cranes (including 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 1001 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, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders;

and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment.

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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.

LADDERS AND SCAFFOLDING:

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.

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.

6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. 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 6.1 or 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, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet.

(c) Work on skips 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 452.215-73 POSTAWARD CONFERENCE (NOV 1996)

A postaward conference with the successful Offeror is required. The contracting officer will advise the successful Offeror(s) of the time and location of the post award conference.

AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archeological 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.

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 of materials and

- 15 - | P a g e 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.

NRCSPOP 4I-52.249-70 – TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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

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

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON (insert appropriate length of work week) DAY WORK WEEK

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

( 8 ) ( 6 ) ( 5 ) ( 5 ) ( 5 ) ( 4 ) ( 5 ) ( 6 ) ( 3 ) ( 3 ) ( 5 ) ( 7 )

(Insert number of calendar days for every month regardless of the period of performance.)

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

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html

- 16 - | P a g e the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(d) The maximum workweek that will be approved is 12 hours per day, six days per week, Monday through Saturday.

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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):

http://www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 Definitions. NOV 2013 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. SEP 2006 52.203-7 Anti-Kickback Procedures. MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2018 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 52.203-13 Contractor Code of Business Ethics And Conduct OCT 2015 52.204-4 Printed or Copied Double-Sided on

Recycled Paper. MAY 2011 52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-15 Service Contract Reporting Requirements For Indefinite-Delivery Contracts OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 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 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.215-2 Audit and Records – Negotiation OCT 2010 52.215-8 Order of Precedence – Uniform Contract Format OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997

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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 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Affirmative Action for Workers With

Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act DEC 2010 52.222-41 Service Contract Labor Standards MAY 2014 52.222-44 Fair Labor Standards Act and Service

Contract Act –Price Adjustment MAY 2014 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 DEC 2015

52.222-62 Paid Sick Leave Under Executive Order

13706 JAN 2017

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013 52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997 52.223-6 Drug Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving AUG 2011 52.225-1 Buy American Act – Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-3 Patent Indemnity APR 1984 52.229-3 Federal, State and Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System

For Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 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…