Solicitation AG-4532-S-12-0002.pdf

Solicitation No. AG-4532-S-12-0002

Page i

TABLE OF CONTENTS

DATE PAGE

SOLICITATION, OFFER, AND AWARD

(CONSTRUCTION, ALTERATION, OR REPAIR

PART I- THE SCHEDULE 1

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS 1

B.1 BID SCHEDULE 1

B.2 4I-52-214-1 AWARD RESTRICTION

MAY 2010,

NRCS, NC 2

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 3

C.1 AGAR 452.211-72 STATEMENT OF WORK FEB 1988 3

C.2

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF

WORK/SPECIFICATIONS FEB 1988 3

SECTION D- PACKAGING AND MARKING 4

SECTION E- INSPECTION AND ACCEPTANCE 5

E.1 52.252.2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 5

SECTION F- DELIVERABLES AND PERFORMANCE 6

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 6

F.2

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK APR 1984 6

F.3 ACTUAL DAMAGES--CONSTRUCTION

FEB 2012,

NC 6

F.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984 6

SECTION G - CONTRACT ADMINISTRATION DATA 7

G.1 CONTRACTING OFFICER’S AUTHORITY

FEB 2012,

NC 7

G.2 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

FEB 2012,

NC 7

G.3 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT

AUG 1989,

NRCS-AMB 7

SECTION H - SPECIAL CONTRACT REQUIREMENTS 8

H.1 52.236-4 PHYSICAL DATA (APR 1984) APR 1984 8

H.2 452.215-73 POSTAWARD CONFERENCE NOV 1996 8

H.3 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES FEB 1988 8

H.4

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION,

AND POLLUTION NOV 1996 8

H.5

AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION

SCHEDULE NOV 1996 8

H.6 AGAR 452.236-76 SAMPLES AND CERTIFICATES FEB 1988 9

H.7

4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE

WEATHER

JUL 1993,

NRCS-AMB 9

H.8 SPECIAL PROVISIONS FEB 2012, 10

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NC

H.9

NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT

TO OSHA PARTS 1910 AND 1926

CONSRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS

PART II - CONTRACT CLAUSES 19

SECTION I - CONTRACT CLAUSES 19

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 19

I.2 52.204-1 APPROVAL OF CONTRACT DEC 1989 21

I.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS SEP 2010 21

I.4 52.252-4 ALTERATIONS IN CONTRACT APR 1984 24

I.5

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE

INFORMATION NOV 1996 24

I.6

AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS--

FIXED-PRICE CONSTRUCTION CONTRACTS NOV 1996 25

I.7

4I-52.232-72 OTHER INVOICING REQUIREMENTS UNDER

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

NRCS-AMB,

JUL 1993 25

I.8 AGAR 452.222-7001 LABOR LAW VIOLATIONS AUG 2011 26

I.9

AGAR 452.232-70 REIMBURSEMENT FOR BOND PREMIUMS –

FIXED PRICE CONSTRUCTION CONTRACTS NOV 1996 26

I. 10

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS FEB 2012 26

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 28

SECTION J - LIST OF ATTACHMENTS 28

J.1 LIST OF ATTACHMENTS 28

PART IV - REPRESENTATIONS AND INSTRUCTIONS 29

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS 29

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS FEB 2012 29

K.2

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS APR 2010 32

K.3 INFORMATION REGARDING RESPONSIBILITY MATTERS FEB 2012 34

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 37

L.1

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE FEB 1998 37

L.2

52.211-4 AVAILABILITY FOR EXAMINATION OF

SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS JUN 1988 37

L.3 52.216-1 TYPE OF CONTRACT APR 1984 37

L.4 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK JUL 2005 38

L.5

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE

ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION FEB 1999 38

L.6

52.225-10 NOTICE OF REQUIRED USE OF AMERICAN IRON,

STEEL, AND OTHER MANUFACTURED GOODS – BUY

AMERICAN ACT – CONSTRUCTION MATERIALS FEB 2009 39

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L.7 52.228-1 BID GUARANTEE SEP 1996 40

L.8 52.233-2 SERVICE OF PROTEST SEP 2006 40

L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS APR 1984 41

L.10 AGAR 452.204-70 INQUIRIES FEB 1988 41

L.11 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY NOV 1996 41

L.12 52.236-27 SITE VISIT (CONSTRUCTION) Alternate I FEB 1995 41

SECTION M - EVALUATION FACTORS FOR AWARD 42

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BID SCHEDULE – Jeannette Sears Wetlands Reserve Program, Engelhard, Hyde County, NC

Item Spec # Description Quantity Unit Unit Price

Total Price

A. Sediment and Erosion Control

1. 5. Furnish, Install, and Remove Temporary Silt Fence 11,300 LF

2. 5. Furnish, Install, and Remove Temporary Turbidity Curtain 2 EA

TOTAL A

Unit Price

Total Price

B. Earth Work

3. 23. Install Earthfill Dike #1 5,691 LF

4. 23. Install Earthfill Dike #2 8,158 LF

5. 23. Install Road Improvements 1,040 LF

6. 21. Install Slough #1 2,459 LF

7. 21. Install Slough #2 2,463 LF

8. 21. Install Slough #3 2,487 LF

9. 21. Install Slough #4 2,466 LF

10. 21. Install Slough #5 2,464 LF

11. 21. Install Slough #6 2,465 LF

TOTAL B

Price

Total Price

C. Water Control Structures

12. 401. Furnish and Install Water Control Structure #1 1 LS

13. 401. Furnish and Install Water Control Structure #2 1 LS

14. 401. Furnish and Install 24 in. DIA HDPE Pipe 106 LF

TOTAL C

Price

Total Price

D. Seeding

15. 6. Furnish and Install Temporary Seeding 47 AC

16. 6. Furnish and Install Permanent Seeding 24 AC

TOTAL D

Price

Total Price

E. General

17. 8. Mobilization and Demobilization 1 LS

18. 7. Construction Surveys 1 LS

TOTAL E

Grand Total

B.2 4I-52.214-1 AWARD RESTRICTION (MAY 2010, NRCS, AMB)

One award for the aggregate of all items will be made under this solicitation.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 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 Statement of Work/Specifications in accordance with the Specifications shown in Section J and attached to this solicitation.

The project consists of the construction of: two (2) Water Control Structures; two (2) Culverts; 13,849 linear feet of Earthen Dike; 1,040 linear feet of Road Improvements; 14,804 linear feet of Slough Excavation; and fertilizing, liming, seeding, and mulching of disturbed areas.

C.2 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.

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

http://www.arnet.gov/far/�

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 140 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 ACTUAL DAMAGES—CONSTRUCTION (FEB 2012, NC)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as actual damages, the total expenses for the COR and Inspector.

These expenses shall include but is not limited to the salary and travel costs associated with this project.

(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of actual damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of actual damages until the work is completed or accepted.

F.4 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 20 percent 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.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY (FEB 2012, NC)

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.

G.2 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (FEB 2012, NC)

The Government’s Inspector & Contracting Officer’s Technical Representative (COTR) is Bill Edwards. The COTR 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. The COTR does not have the authority to modify the contract. Any subsequent change to the COTR or COTR responsibilities will be confirmed, in writing, by the CO. In no instance shall the COTR be delegated authority to order any change in the Contractor’s performance which would affect cost.

G.3 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT (AUG 1989, NRCS-AMB)

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 7 days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

Lizabeth Kuhaneck USDA, Natural Resources Conservation Service 4407 Bland Road, Suite 117 Raleigh, NC 27609 Phone (919) 873-2113 Lizabeth.Kuhaneck@nc.usda.gov

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

mailto:Lizabeth.Kuhaneck@nc.usda.gov�

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

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

(b) Weather conditions

National Oceanic Atmospheric Administration (NOAA) Climatological Data

(c) Transportation facilities

Federal, State and County roads, and the access roads shown on the drawings.

H.2 452.215-73 POSTAWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of the contract award. The conference will be held at a mutually agreeable location.

H.3 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.

H.4 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.

H.5 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, "Schedules for Construction Contracts" and

(b) 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 8 hours per day, five (5) days per week, Monday through Friday.

H.6 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 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.

H.7 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(JUL 1993, NRCS-AMB)

(a) This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the 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 5 DAY WORK WEEK

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

6 6 5 2 3 3 4 4 3 2 2 5

(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. 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 work days, and issue a modification in accordance with FAR Clause 52.249-10, Default (Fixed-Price Construction).

H.8 SPECIAL PROVISIONS (FEB 2012, NC)

• Contractor shall provide to NRCS in writing a designation of a Project Manager and an alternate, these officials will act on behalf of the contractor and have decision making authority approved by the contractor.

• Contractor, designated Project Manager, and Alternate shall attend a pre-construction meeting location and date and time to be determined.

• 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 NRCS Assistant State Conservationist for Easements and Water Resources (hereinafter referred to as “Program Manager”) 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 Program Manager 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 Program Manager has given written approval. The contractor is to hold and save harmless the USDA, 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 Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: Attn: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

• Contractor shall be responsible for maintaining access and ensuring security of items on the construction site.

• Contractor shall attend a project meeting on a bi-weekly schedule throughout the duration of the project; attendees shall include but are not limited to: NRCS COTR, NRCS Project Engineer, NRCS Construction Inspector, and Contractor’s Project Manager. Dates and times for these meetings shall be coordinated at the pre-construction meeting. Contractor’s Project Manager shall submit written status reports at all bi-weekly project meetings.

• It shall be the responsibility of the Contractor to adhere to all applicable regulations and follow accepted safety procedures and shall contact all affected utility owners and determine the precise locations of all utilities prior to beginning construction. Utility owners shall be contacted a minimum of seventy-two (72) hours prior to the commencement of operations. Special care shall be used in working around or near existing utilities, protecting them when necessary to provide uninterrupted service. In the event that any utility service is interrupted, the Contractor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible. The Contractor shall be responsible for the repair or replacement of any utilities or property damaged by his/her construction activities. Damaged utilities or property shall be repaired or replaced to its original or better condition, as directed by the COTR. All repairs or replacements shall meet the approval of the COTR with concurrence of the Program Manager.

• Contractor attention is directed to the fact that many Primary and Secondary Roads and bridges are posted with weight limits less than the legal limit. The Contractor will not be allowed to exceed the posted weight limits in transporting materials and/or equipment to the projects, unless otherwise approved by the N.C. Department of Transportation. The Contractor should make a thorough examination of all projects and haul routes.

• If submerged cultural resources are encountered during the operation, the Contractor shall immediately contact the Underwater Archeology Unit of the Department of Cultural Resources, Telephone (910) 459-9042, so that an assessment of the artifacts can be made. The Contractor shall also notify the COTR.

• In the event of a spill of petroleum products or any other hazardous waste, the Contractor shall contact the NC Division of Water Quality at 919-133-5083, Ext. 526, and the Emergency Management Division in Raleigh at 1- 800-858-0368 and follow the provisions of the North Carolina Oil Pollution and Hazardous Substance Control Act. If “waters of the state” are involved, or affected, also notify EPA National Response Center at 1-800-424- 8802. The Contractor shall also notify the COTR. Contractor shall be responsible for all cleanup, remediation, restoration, and any other corrective action assessed by the controlling authority.

• Contractor shall allow NRCS staff onsite at all times during construction activities.

Obligations of NRCS Officials to Contractor:

• Construction Inspector:

o Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.

o Shall ensure that Contractor is complying with OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations.

o Shall perform the initial construction staking as defined within Construction Specification number 7.

o Shall be a liaison between the Contractor’s Project Manager and the COTR – Project Engineer.

o Shall observe construction on a periodic basis, contractor shall inform the Inspector of the anticipated installation dates of all bid items.

o Shall document work being performed while on site and monitor for quality assurance.

o Shall inspect materials delivered to the site to ensure compliance with the construction drawings and the specifications.

o Shall attend bi-weekly project status meetings and report safety violations, construction progress, and status to completion.

o Shall perform measurements of installed practices upon meeting specifications for payment purposes.

o Shall inform the COTR – Project Engineer immediately upon becoming aware of any deviations from the specifications and drawings.

o Shall recommend to the NRCS COTR and Project Engineer issuance of Stop Work Orders for safety violations. A modification to the contract will be required. The NRCS Contracting Officer will issue Resume Work Orders.

• Project Engineer o Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.

o Shall ensure that Contractor is complying with OSHA Parts 1910 and 1926, Construction Industry

Standards and Interpretations.

o Shall be a liaison between the Contractor’s Project Manager and NRCS Program Manager.

o Shall observe construction on a periodic basis.

o Shall document work being performed while on site and monitor for quality assurance.

o Shall review submittals (including but not limited to shop drawings, dewatering plans, samples, and certificates) in a timely manner to ensure no lag in construction time, as well as compliance with construction drawings and specifications.

o Shall attend bi-weekly project status meetings and report payment status, status to completion, status of project modifications, and submittal approvals.

o Shall arrange corrective action meetings after being informed from the construction Inspector about any deviations from the specifications and drawings.

o Shall arrange corrective action meetings after becoming aware of any construction delays which could delay the completion date.

o Shall perform measurements of installed practices upon meeting specifications for payment purposes.

o Shall document installed practices meeting or exceeding design specification within his/her own Job

Approval Authority.

o Shall review Contractor payment invoices for payment approval and forwarding on to Program Manager.

o Shall recommend to the Program Manager, issuance of Stop Work Orders for safety violations. A modification to the contract will be required. The Program Manager will recommend Resume Work Orders.

Obligations of Contractor’s Project Manager to NRCS:

• Contractor’s Project Manager:

o Will act on behalf of the contractor and have decision making authority approved by the contractor.

o Shall submit to the COTR and Project Engineer any submittals needing approval in a timely manner including but not limited to: shop drawings, dewatering plans, samples, and certificates.

o Shall be on site daily or make himself/herself available to be contacted whenever construction activities are being conducted onsite.

o Shall immediately inform the Construction Inspector upon any installed practices being out of compliance with the specifications and drawings.

o Shall inform COTR/Project Engineer after becoming aware of any construction delays which could delay the completion date.

o Shall attend bi-weekly project status meetings and report invoice status, status to completion, written requests for project modifications, material delivery dates, anticipated construction schedule, and previous two weeks construction progress. These documents and meeting minutes should be documented and submitted to all attending parties.

o Shall keep Contractor informed of all construction activities and decisions made between NRCS and Contractor in writing with copies submitted to NRCS for record.

H.9 NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA PARTS 1910 AND

1926 CONSRUCTION INDUSTRY STANDARDS 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 USDA, 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 Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from:

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

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 comprehensive 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, 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 onsite representative is to participate in monthly meetings of a Joint Safety Policy Committee, composed of USDA, 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 "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.

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 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 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 HARD-HAT AREAS.

The entire jobsite, with the exception of offices, shall be considered a hard-hat area. All persons entering the area are, without exception, required to wear hard-hats. The contractor shall provide hard-hats for visitors entering hard-hat areas.

4.1.1 LABELS.

Hard-hats 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 hard-hat areas:

CONSTRUCTION AREA -- HARD-HAT 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.

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 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.

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.

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 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 degrees to 60 degrees above the horizontal. The test is to consist of raising, lowering and braking the load and rotating the test load through 360 degrees 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 (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 degrees or less, until completely stopping the boom at not over 87 degrees above horizontal.

5.4.8 SAFETY HOOKS.

Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning.

5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

5.5.1 ROLLOVER PROTECTIVE STRUCTURES.

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

5.5.2 EQUIPMENT REQUIRING ROPS.

The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, and water tankers (excluding trucks with 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 1926, Subpart O, 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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 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

52.202-1 DEFINITIONS JAN 2012

52.203-3 GRATUITIES APR 1984

52.203.5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-7 ANIT-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY JAN 1997

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY JAN 1997

52.203.12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS OCT 2010

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-7 CENTRAL CONTRACTOR REGISTRATION FEB 2012

59.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS DEC 2010

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT DEC 2010

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS MAY 2011

52.214-26 AUDIT AND RECORDS- SEALED BIDDING OCT 2010

52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-

MODIFICATIONS – SEALED BIDDING AUG 2011

52.214-28 SUBCONTRACTOR COST OR PRICING DATA-

MODIFICATIONS – SEALED BIDDING OCT 2010

52.214-29 ORDER OF PRECEDENCE- SEALED BIDDING JAN 1986

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD NOV 2011

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2011

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-

OVERTIME COMPENSATION JUL 2005

52.222-6 DAVIS-BACON ACT JUL 2005

52.222-7 WITHOLDING OF FUNDS FEB 1988

52.222-8 PAYROLLS AND BASIC RECORDS JUN 2010

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005

52.222-12 CONTRACT TERMINATION- DEBARMENT FEB 1988

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS FEB 1988

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION FEB 1999

52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES OCT 2010

52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA JAN 1997

ALTERNATE I JUL 1995

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

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT DEC 2007

52.227-4 PATENT INDEMNITY- CONSTRUCTION CONTRACTS DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS JAN 2012

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS OCT 1995

52.228-14 IRREVOCABLE LETTER OF CREDIT DEC 1999

52.228-15 PERFORMANCE AND PAYMENT BONDS- CONSTRUCTION OCT 2010

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS SEP 2002

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS OCT 2008

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL

CONTRACTOR REGISTRATION OCT 2003

52.233-1 DISPUTES JUL 2002

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, APR 1984

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

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

52.236-13 ACCIDENT PREVENTION NOV 1991

ALTERNATE I NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS 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

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.248-3 VALUE ENGINEERING- CONSTRUCTION OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) MAY 2004

ALTERNATE I SEP 1996

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, U.S. Department of Agriculture, Natural Resources Conservation Service, 4407 Bland Road, Suite 117, Raleigh, NC 27609 and shall not be binding until so approved.

I.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (SEP 2010)

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

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.