FBO solicitation package.pdf

AG-52KY-S-10-0002

INSTRUCTION TO BIDDERS

Attached please find SF 1442, Solicitation, Offer, and Award, for construction of Phase 2A of Honey Creek Watershed Protection and Flood Control Project in Vigo County, Indiana for USDA, Natural Resources Conservation Service (NRCS).

You should read the entire solicitation package to familiarize yourself with the Statement of Work and contract requirements. Information and instructions for submission of bid as well as contract provisions and specifications are contained in this packet.

NOTICE: A site visit will be conducted on Thursday, April 29, 2010 starting at 10:00 am (local time) with discussions at the following address:

Vigo County Fairgrounds 4-H Building

3901 S. US HWY 41

Terre Haute, IN 47807

Please fax to (317) 290-3225 or email alyson.keaton@in.usda.gov to RSVP for the site visit.

If you are interested in providing a BID, you MUST complete and submit the following four items:

1. STANDARD FORM 1442, (Pages 1-3) (PAGE 2 BLOCK 20 AND EACH

PAGE OF THE BID SCHEDULE MUST BE SIGNED)

2. SECTION K (Certifications & Representations – K1)

3. PAST PERFORMANCE/REFERENCE QUESTIONNAIRE (Provide at least three references along with phone numbers of individuals who are familiar with your work on Attachment J-6)

4. FINANCIAL RESPONSIBILITY (You must have adequate financial resources to perform the contract, or the ability to obtain them. Provide acceptable evidence of a commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel or a letter from your bank or credit union ascertaining your financial creditability or good standing.)

It is imperative that your bid be placed in a sealed envelope marked with the solicitation number in the upper left hand corner. Bids are due at 2:00 pm local time on Wednesday May 26, 2010 at the following location:

USDA- Natural Resources Conservation Service 6013 Lakeside Boulevard

Indianapolis, IN 46278

A public bid opening will be conducted on Thursday, May 27, 2010 at 10:00 am (local time) at the following location:

Vigo County Fairgrounds 4-H Building

3901 S. US HWY 41

Terre Haute, IN 47807

PLEASE NOTE: The Federal Acquisition Regulation (FAR) requires that contractors be registered in the Central Contractors Registration Database and the On-Line Representations and Certifications Application (ORCA) database, prior to being awarded a contract. To register, visit the two following websites: http://www.ccr.gov and http://orca.bpn.gov . If the low apparently successful offeror does not become registered in both the CCR and the ORCA database within three business days of being notified of its successful offer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. If you are not interested in submitting a bid, no response is necessary.

TABLE OF CONTENTS

Description Page #

SF 1442 – Solicitation, Offer and Award 1

SF 1442 – Bid Schedule 3

Section C – Description/Specifications 4

Section D – Packaging and Marking 5

Section E – Inspection and Acceptance 6

Section F – Deliveries or Performance 7

Section G – Contract Administration Data 8

Section H – Special Contract Requirements 9

Section I – Contract Clauses 11

Section J – List of Documents, Exhibits and Other Attachments 25

Section K – Representations, Certifications, and Other Statements of Bidders 26

Section L – Instructions, Conditions, and Notices to Bidders 30

Section M – Evaluation Factors for Award 36

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

391850

USDA-NRCS-INDIANA STATE OFFICE

6013 LAKESIDE BOULEVARD

INDIANAPOLIS IN 46278

NRCS-IN-1252KY

USDA-NRCS INDIANA STATE OFFICE

ATTN: A. KEATON/AG-52KY-S-10-0002

6013 LAKESIDE BOULEVARD

INDIANAPOLIS, IN 46278

ALYSON KEATON 317-290-3200

x

04/26/2010

AG-52KY-S-10-0002

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

Construction of Phase 2A (Thompson Ditch from 7th Street to US HWY 41) of Honey

Creek Watershed Protection and Flood Prevention Project.

PLEASE NOTE: BIDS SHALL BE SENT TO ADDRESS IN BLOCK 8 ABOVE AND ARE DUE AT 2:00 PM

LOCAL TIME ON MAY 26, 2010; HOWEVER, BIDS WILL NOT BE OPENED AT THAT TIME. BIDS

WILL BE OPENED AT 10:00 AM ON MAY 27, 2010 AT VIGO COUNTY FAIRGROUNDS - 4H BUILDING, 3901 S. US HWY 41, TERRE HAUTE, IN 47807. NO BIDS WILL BE ACCEPTED AFTER 2:00 PM

LOCAL TIME ON MAY 26, 2010 OR AT BID OPENNING.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

05/26/2010

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d) alyson.keaton Typewritten Text

XXXXXXXXXXXXXXXXXXXXXXXXXXXXX

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-NRCS-INDIANA STATE OFFICE

6013 LAKESIDE BOULEVARD

INDIANAPOLIS IN 46278

NRCS-IN-1252KY

JUDITH A. WEBER

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

AG-52KY-10-S-0002

ITEM WORK OR MATERIAL QUANTITY UNIT UNIT PRICE AMOUNT

1 Clearing and Grubbing XXXX Lump Sum XXXX

2 Seeding, Sprgging & Mulching 17 Acres

3 Construction Survey XXXX Lump Sum XXXX

4 Mobilization/Demobilization XXXX Lump Sum XXXX

5 Traffic Control XXXX Lump Sum XXXX

7 Dike Excavation 45,740 Cu. Yd.

8 Earthfill Class A 36,890 Cu. Yd.

12 Corrugated PE Tubing, 12" Dia. 174 Linear Foot

14 Corrugated PE Tubing, 18" Dia. 92 Linear Foot

18 Flared End Section, 12" Dia. 1 Each

24 Drain Basin & Inlet, 12" Dia. 1 Each

28 Rock Riprap 166 Ton

30 Temporary Construction Entrance 2 Each

32 Flap Gate, 12" Dia. 5 Each

33 Flap Gate, 15" Dia. 2 Each

34 Flap Gate, 18" Dia. 3 Each

35 Flap Gate, 24" Dia. 1 Each

36 Flap Gate, 30" Dia. 1 Each

38 Contractor Quality Control XXXX Lump Sum XXXX

39 Field Office XXXX Lump Sum XXXX

43 Non-Utility Structure Removal XXXX Lump Sum XXXX

44 Corrugated PE Tubing, 48" Dia. 92 Linear Foot

45 Flared End Section, 48" Dia. 1 Each

46 Flap Gate, 48" Dia 1 Each

47 Safety Fence 4,500 Linear Foot

TOTAL BID $

Signed - Prospective Bidder Date

BID SCHEDULE

Honey Creek, Part C - Phase 2A

Section C

Description/Specifications

C.1 452.211-72 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 referenced in Section J.

(End of Clause)

C.2 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

C-1

End of Section C

Section D

Packaging and Marking

There are no clauses included in this section.

D-1

End of Section D

Section E

Inspection and Acceptance

E.1 52.252-2 Clauses Incorporated by Reference (FEB 1988)

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 address:

www.gsa.gov/far

E.2 52.246-12 Inspection of Construction. (AUG 1996)

E.3 452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

Honey Creek Watershed Protection Site Honey Creek Township Vigo County, Indiana.

(End of clause)

E-1

End of Section E

Section F

Deliveries or Performance

F.1 52.252-2 Clauses Incorporated by Reference (FEB 1988) 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 address:

www.gsa.gov/far

F.2 52.211-18 Variation in Estimated Quantity. (APR 1984)

F.3 52.242-14 Suspension of Work. (APR 1984)

F.4 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 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 160 calendar days. The time stated for completion shall include final cleanup of the premises.

F.5 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 twelve (12%) 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.

F.6 Actual Damages (NRCS, FEB 1993)

If the Contractor fails to complete the work within the time specified in the contract, or any extension thereof, the Contractor shall pay to the Government actual damages for each calendar day of the delay. Actual damages will be based upon the costs incurred by the government including but not limited to personnel costs, travel, etc. The amount of such costs will be deducted from monies due or to become due to the Contract.

F-1

End of Section F

Section G

Contract Administration Data

G.1 4I-52.232-70 Designated Payment Office Contact Point ((SCS, AMB) (JULY 1993)

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 35 days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

Alyson Keaton USDA, Natural Resources Conservation Service 6013 Lakeside Blvd

Indianapolis, Indiana 46278

(317) 290-3200 ext. 351

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

G-1

End of Section G

Section H

Special Contract Requirements

H.1 52.252-4 Alternations in Contract (APR 1984)

Portions of this contract are altered as follows:

52.236-13 Accident Prevention is altered to include the following: “NRCS Supplement to OSHA, Parts 1910 and 1926, Construction Standards and Interpretations” is attached as J-5.

H.2 452.236-73 Archaeological or Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.3 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

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

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

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

(End of clause)

H.4 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within seven (7) 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 may be approved is ten (10) hours per day, six (6) days per week.

H.5 452.236-76 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

H-1

Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

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

H-2

End of Section H

Section I

Contract Clauses

I.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 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 these addresses:

https://www.acquisition.gov/far/loadmainre.html http://farsite.hill.af.mil http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

I.2 52.202-1 - Definitions (JUL 2004) I.3 52.203-3 - Gratuities (APR 1984) I.4 52.203-5 - Covenant Against Contingent Fees (APR 1984) I.5 52.203-6 - Restrictions on Subcontractor Sales to the Government (SEP 2006) I.6 52.203-7 - Anti-Kickback Procedures (JUL 1995) I.7 52.203-8 - Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (JAN 1997) I.8 52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) I.9 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (SEP

2007) I.10 52.203-15 – Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (MAR 2009) I.11 52.204-4 - Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.12 52.204-7 - Central Contractor Registration (APR 2008) I.13 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements

(MAR 2009)

I.14 52.209-6 - Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (SEP 2006) I.15 52.214-26 Audit and Records - Sealed Bidding. (MAR 2009) Alternate 1 (MAR 2009) I.16 52.214-27 Price Reduction for Defective Cost or Pricing Data - Modifications - Sealed

Bidding (OCT 1997) I.17 52.214-28 Subcontractor Cost or Pricing Data - Modifications - Sealed Bidding. (OCT

1997) I.18 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986) I.19 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JUL 2005)

I.20 52.219-8 Utilization of Small Business Concerns (MAY 2004) I.21 52.219-9 Small Business Subcontracting Plan (APR 2008) - Alternate I (OCT 2001) I.22 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) I.23 52.219-28 – Post-Award Small Business Program Representation. (APR 2009).

I.24 52.222-3 Convict Labor (JUN 2003) I.25 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation

(JUL 2005)

I.26 52.222-6 Davis-Bacon Act. (JUL 2005) I.27 52.222-7 Withholding of Funds (FEB 1988) I.28 52.222-8 Payrolls and Basic Records (FEB 1988)

I-1

I.29 52.222-9 Apprentices and Trainees (JUL 2005) I.30 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) I.31 52.222-11 Subcontracts (Labor Standards) (JUL 2005) I.32 52.222-12 Contract Termination - Debarment (FEB 1988) I.33 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) I.34 52.222-14 Disputes Concerning Labor Standards (FEB 1988) I.35 52.222-15 Certification of Eligibility (FEB 1988) I.36 52.222-21 Prohibition of Segregated Facilities (FEB 1999) I.37 52.222-26 Equal Opportunity (MAR 2007) I.38 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) I.39 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (SEP 2006) I.40 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) I.41 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (SEP 2006) I.42 52.222-54 Employment Eligibility Verification (JAN 2009) I.43 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) I.44 52.223-6 Drug-Free Workplace (MAY 2001) I.45 52.223-14 Toxic Chemical Release Reporting (AUG 2003) I.46 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) I.47 52.227-1 Authorization and Consent (DEC 2007) I.48 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC

2007) I.49 52.227-4 Patent Indemnity-Construction Contracts (DEC 2007) I.50 52.228-1 Bid Guarantee. (SEP 1996) I.51 52.228-2 Additional Bond Security (Oct 1997) I.52 52.228-11 Pledges of Assets (SEP 2009) I.53 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) I.54 52.228-14 Irrevocable Letter of Credit (DEC 1999) I.55 52.228-15 Performance and Payment Bonds - Construction (NOV 2006) I.56 52.229-3 Federal, State, and Local Taxes (APR 2003) I.57 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) I.58 52.232-17 Interest (OCT 2008) I.59 52.232-23 Assignment of Claims (JAN 1986) I.60 52.232-27 Prompt Payment For Construction Contracts (OCT 2008) I.61 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration

(Oct 2003) I.62 52.233-1 Disputes (JUL 2002) I.63 52.233-3 Protest after Award. (AUG 1996) I.64 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) I.65 52.236-2 Differing Site Conditions (APR 1984) I.66 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) I.67 52.236-5 Material and Workmanship (APR 1984) I.68 52.236-6 Superintendence by the Contractor (APR 1984) I.69 52.236-7 Permits and Responsibilities. (NOV 1991) I.70 52.236-8 Other Contracts. (APR 1984) I.71 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) I.72 52.236-10 Operations and Storage Areas (APR 1984) I.73 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.74 52.236-12 Cleaning Up (APR 1984) I.75 52.236-13 Accident Prevention (NOV 1991) I.76 52.236-15 Schedules for Construction Contracts (APR 1984) I.77 52.236-16 Quantity Surveys (APR 1984) - Alternate I (APR 1984)

I-2

I.78 52.236-17 Layout of Work (Apr 1984) I.79 52.236-21 Specifications and Drawings for Construction (FEB 1997) I.80 52.236-26 Preconstruction Conference (FEB 1995) I.81 52.242-13 Bankruptcy (JUL 1995) I.82 52.243-4 Changes (JUN 2007) I.83 52.244-6 Subcontracts for Commercial Items. (DEC2009) I.84 52.248-3 Value Engineering - Construction (SEP 2006) I.85 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)-

Alternate I (SEP 1996) I.86 52.249-10 Default (Fixed-Price Construction). (APR 1984) I.87 52.253-1 Computer Generated Forms. (JAN 1991)

I.88 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or

Fees. (DEC 2004)

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

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs.

Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

I-3

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors.

The Contractor shall--

I-4

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.89 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (MAR 2009)

(a) Definitions. As used in this clause—

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States.

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

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“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41U.S.C.10a-10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

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(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Construction Material Description Unit of Measure Quantity Cost (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

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[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site.] Foreign and Domestic Construction Materials Cost Comparison

(End of clause)

I.90 52.225-23 -- Required Use of American Iron, Steel, and Other Manufactured Goods-- Buy American Act--Construction Materials under Trade Agreements. (Aug 2009)

(a) Definitions. As used in this clause—

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States.

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

“Free trade agreement (FTA) country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of an FTA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Recovery Act designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, I-8

France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);

(2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

“Recovery Act designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act (41 U.S.C. 10a-10d) do not apply to Recovery Act designated country construction material. Consistent with U.S. obligations under international agreements, this clause implements—

(i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

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(ii) The Buy American Act by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic or Recovery Act designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

NONE

(4) The Contracting Officer may add other construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

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(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction material description Unit of measure

Quantity Cost (dollars)

Item 1:

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.][Include other applicable supporting information.]

[* Include all delivery costs to the construction site.]

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I.91 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 auger borings and probing conducted on-site by NRCS engineers and soil scientists.

I.92 52.252-4 Alterations in Contract. (APR 1984)

Portions of this contract are altered as follows

NRCS Supplement to OSHA, Parts 1910 and 1926, Construction Standards and Interpretations

I.93 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.

(NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefore not included in the contract price.

I.94 41-52.232-72 Other Invoicing Requirements Under Prompt Payment for Construction

Contracts (SCS, AMB) (JULY 1993)

(1) In addition to the information required in clause 52.232-27, Prompt Payment for Construction, the Contractor shall provide the following:

(i) The original and one copy of each invoice are to be delivered to the Contracting Officer at the location shown in block 24 of form SF 1442.

(ii) One copy of each invoice is to be submitted simultaneously to the Contracting Officer’s Technical Representative who will be identified prior to a work start.

(2) The following must be attached to the original invoice submitted to the Contracting Officer and to the copy submitted to the Contracting Officer’s Technical Representative:

(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) If requesting payment for materials delivered but not installed, Contractor will provide evidence of title to the materials as required by FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts.

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(iv) Itemization of payment requests by contact item number (CIN) as shown in Section 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.

(v) A signed certification as required by FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts.

(vi) 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 required by FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts:

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

(Date of Release) (Signature of Contractor)

I.95 41-52.249-70 TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER (SCS,

AMB) (JULY 1993)

(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.