AG-6215-S-15-0005.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

722736

USDA-NRCS-KANSAS STATE OFFICE

760 SOUTH BROADWAY

SALINA KS 67401

NRCS-KS-126215

USDA-NRCS

Attn: Shaukat Syed, Contract Specialist 501 West Felix Street, Bldg. 23 Fort Worth, TX 76040

SHAUKAT SYED 817-509-3781

103/19/2015

AG-6215-S-15-0005

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

This is a Request For Quote (RFQ) solicited using the simplified acquisition procedures of FAR Part 13.

Provide all labor, materials, equipment and supervision required for the Wetlands

Reserve Program (WRP) wetland restoration and enhancement for Grover Trust site located in Ford County, KS.

The estimated value of this project is between $25,000 and $100,000.

This acquisition is 100% set aside for small business.

NAICS Code: 237990, Size Standard: $36.5M

A site visit will be held. Please see Section L, FAR Clause 52.236-27 for further information. In order to attend, you must contact the Contracting Officer at least

24 hours in advance and provide the name(s) and contact information of the attendee(s) for your company.

Quotes can be sent via email to the Contracting Officer at shaukat.syed@wdc.usda.gov by the date and time listed in Block 13A. Include the solicitation number and project description in the subject line of the email.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 63 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR Clause 52.211-10

04/20/2015

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)

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-NCSU

501 W. Felix ST.

Building 23 Fort Worth TX 76115-3404

NRCS-TX-127482-NCSU

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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 32

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-6215-S-15-0005

WRP for Grover Trust

FOB: Destination

001 WRP for Grover Trust 1 LS

See Price Schedule on Page 5

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG-6215-S-15-0005

PART I

SECTION A – SOLICITATION/CONTRACT FORM

See the preceding Standard Form 1442 – Solicitation, Offer and Award (Construction, Alteration, or Repair).

SECTION B – SUPPLIES OR SERVICES AND PRICES

Grover Trust Wetlands Reserve Program (WRP)

Furnish all labor, materials, equipment and supervision required for the Grover Trust Wetlands Reserve Program (WRP) wetland restoration and enhancement project in accordance with the attached specifications, drawings and scope of work.

PRICE SCHEDULE FOR GROVER TRUST WRP

Line Item No.

Description Quantity UOM Unit Price Extended Amount

001 Mobilization and Demobilization 1 LS $______________ $______________

002 Excavation 1 LS $______________ $______________

003 Cover Crop 1 LS $______________ $______________

004 Range Planting 1 LS $______________ $______________

005 Chemical Weed Control 1 LS $______________ $______________

006 Heavy Disking 1 LS $______________ $______________

Total Price for Line Items 001 – 006 $______________

SECTION C- DESCRIPTION/SPECIFICATIONS

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 referenced in Section J.

(End of Clause)

C.2 AGAR 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 award.

(End of clause)

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 address:

https://acquisition.gov/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-12 Inspection of Construction AUG 1996 https://acquisition.gov/far/current/html/52_246.html%23wp1118901

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 63 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Designated Payment Office Contact Point

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within five (5) calendar days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

USDA-National Finance Center Administrative Payments Branch (APB) Telephone: (800) 421-0323 or (504) 426-6510

If questions arise on the amount paid, contact:

Shaukat Syed Contracting Officer Phone # 817-509-3781 Email address: Shaukat.syed@wdc.usda.gov

If the contractor’s payment address is different than the company’s address, that payment address must be specified in the contractor’s submitted offer.

G.2 Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

G.3 Contracting Officer’s Authority

The Contracting Officer (CO) is the only person authorized to approve changes to any of the requirements of this project. The 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.4 Contracting Officer’s Representative

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

(End of clause)

H.2 AGAR 452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

(End of clause)

H.3 AGAR 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.

(End of clause)

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.

(End of clause)

H.4 AGAR 452.236-76 Samples and Certificates (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

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

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://acquisition.gov/far/index.html

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (MAY 2012) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

(DEC 2014)

(a)(2) clauses (i), (ii), (iii), and (iv) do not apply.

(b)(1) clauses (ii), (iii), (iv), (vi), (vii), (viii), (ix), (x), (xi), (xiii), (xiv) are not applicable and are deleted.

(b)(2) clauses (ii), (iii) and (iv) are not applicable and are deleted.

(c) http://www.acquisition.gov/far/index.html

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUNE 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 Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

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) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (MAY 2008) https://acquisition.gov/far/index.html https://acquisition.gov/far/current/html/52_200_206.html%23wp1141649 https://acquisition.gov/far/current/html/52_200_206.html%23wp1149656 https://acquisition.gov/far/current/html/52_207_211.html%23wp1140926 https://acquisition.gov/far/current/html/52_217_221.html%23wp1136004 https://acquisition.gov/far/current/html/52_217_221.html%23wp1139913 https://acquisition.gov/far/current/html/52_222.html%23wp1147479 https://acquisition.gov/far/current/html/52_222.html%23wp1147505 https://acquisition.gov/far/current/html/52_222.html%23wp1147521 https://acquisition.gov/far/current/html/52_222.html%23wp1147526 https://acquisition.gov/far/current/html/52_222.html%23wp1147541 https://acquisition.gov/far/current/html/52_222.html%23wp1147548 https://acquisition.gov/far/current/html/52_222.html%23wp1147553 https://acquisition.gov/far/current/html/52_222.html%23wp1147560 https://acquisition.gov/far/current/html/52_222.html%23wp1147565 https://acquisition.gov/far/current/html/52_222.html%23wp1147570 https://acquisition.gov/far/current/html/52_222.html%23wp1147575 https://acquisition.gov/far/current/html/52_222.html%23wp1147656 https://acquisition.gov/far/current/html/52_222.html%23wp1147711 https://acquisition.gov/far/current/html/52_222.html%23wp1147739 https://acquisition.gov/far/current/html/52_222.html%23wp1151848 https://acquisition.gov/far/current/html/52_223_226.html%23wp1168850 https://acquisition.gov/far/current/html/52_223_226.html%23wp1178433 https://acquisition.gov/far/current/html/52_223_226.html%23wp1179078

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions of Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity—Construction Contracts (DEC 2007) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (JUL 2002) Alternate I (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contact 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) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52-236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 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) 52.242-14 Suspension of Work (APR 1984) 52.243-4 Changes (JUN 2007) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (JUL 2013) 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (Jan 1991)

52.225-9 Buy American—Construction Materials (MAY 2014)

(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 https://acquisition.gov/far/current/html/52_223_226.html%23wp1188603 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169608 https://acquisition.gov/far/current/html/52_227.html%23wp1139101 https://acquisition.gov/far/current/html/52_228_231.html%23wp1137536 https://acquisition.gov/far/current/html/52_228_231.html%23wp1137551 https://acquisition.gov/far/current/html/52_232.html%23wp1152507 https://acquisition.gov/far/current/html/52_232.html%23wp1152984 https://acquisition.gov/far/current/html/52_232.html%23wp1153110 https://acquisition.gov/far/current/html/52_232.html%23wp1153351 https://acquisition.gov/far/current/html/52_232.html%23wp1160005 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113304 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113329 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113344 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113365 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113375 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113390 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113402 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113412 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113418 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113425 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113431 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113436 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113477 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113494 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113534 https://acquisition.gov/far/current/html/52_241_244.html%23wp1128875 https://acquisition.gov/far/current/html/52_241_244.html%23wp1129035 https://acquisition.gov/far/current/html/52_241_244.html%23wp1129139 https://acquisition.gov/far/current/html/52_248_253.html%23wp1119604 https://acquisition.gov/far/current/html/52_248_253.html%23wp1119885 https://acquisition.gov/far/current/html/52_248_253.html%23wp1120078 https://www.acquisition.gov/far/current/html/Subpart%202_1.html%23wp1145508

(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. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

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

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) 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) Price;

(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)(3) of this clause.

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(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 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 price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

https://www.acquisition.gov/far/current/html/Subpart%2012_5.html%23wp1077123

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with 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:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Item 1:

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 and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: a payment bond or an irrevocable letter of credit.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

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, National Resources Conservation Service.

(b) Weather conditions: National Oceanic Atmospheric Administration (NOAA)

(c) Transportation facilities: Federal, State and County roads and access roads as shown on drawings.

(End of clause)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (Deviation 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

(End of clause)

4I-52.249-70 Time Extensions for Unusually Severe Weather (NOV 2013)

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

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

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

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON 5

DAY WORK WEEK

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

(31) (28) (15) (5) (5) (2) (2) (2) (2) (2) (7) (18)

(c) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. An actual adverse weather delay must prevent work on critical activities for fifty (50) percent or more of the Contractor's scheduled work day.

The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b) above, the Contractor may submit a written request for a modification for extension of performance time due to unusually severe weather. The Contracting Officer will convert any qualifying delays into calendar days, giving full consideration for equivalent fair weather days, and issue a modification in accordance with FAR clause 52.249-10, Default (Fixed-Price Construction).

(End of Clause)

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

SECTION J – LIST OF ATTACHMENTS

Attachment Title # of Pages 1 Construction Specifications for Grover Trust WRP, Ford

County, Kansas

2 Construction Drawings for Grover Trust WRP, Ford County, Kansas

3 Davis-Bacon Wage Determination (# KS150039, 1/02/15) 5 4 NRCS Supplement to OSHA Parts 1910 and 1926

Construction Industry Standards and Interpretations

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

QUOTERS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses:

https://acquisition.gov/far/index.html

52.204-8 Annual Representations and Certifications (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or https://acquisition.gov/far/index.html https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137583 https://acquisition.gov/far/current/html/FARTOCP13.html%23wp271421 https://acquisition.gov/far/current/html/FARTOCP13.html%23wp271421

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

() 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

https://acquisition.gov/far/current/html/52_200_206.html%23wp1137684 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137777 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1149919 https://acquisition.gov/far/current/html/52_207_211.html%23wp1144766 https://acquisition.gov/far/current/html/52_207_211.html%23wp1144909 https://acquisition.gov/far/current/html/52_214.html%23wp1129381 https://acquisition.gov/far/current/html/52_215.html%23wp1144523 https://acquisition.gov/far/current/html/52_217_221.html%23wp1135900 https://acquisition.gov/far/current/html/52_217_221.html%23wp1135943 https://acquisition.gov/far/current/html/52_222.html%23wp1147663 https://acquisition.gov/far/current/html/52_222.html%23wp1147711 https://acquisition.gov/far/current/html/52_222.html%23wp1147704 https://acquisition.gov/far/current/html/52_222.html%23wp1147711 https://acquisition.gov/far/current/html/52_222.html%23wp1148142 https://acquisition.gov/far/current/html/52_223_226.html%23wp1168785 https://acquisition.gov/far/current/html/52_223_226.html%23wp1168786 https://acquisition.gov/far/current/html/52_223_226.html%23wp1168826

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material

Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in https://acquisition.gov/far/current/html/52_223_226.html%23wp1169013 https://acquisition.gov/far/current/html/52_223_226.html%23wp1192900 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169071 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169038 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169193 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169151 https://acquisition.gov/far/current/html/52_223_226.html%23wp1181379 https://acquisition.gov/far/current/html/52_223_226.html%23wp1188714 https://acquisition.gov/far/current/html/52_223_226.html%23wp1169667 https://acquisition.gov/far/current/html/52_200_206.html%23wp1152369 https://acquisition.gov/far/current/html/52_222.html%23wp1160855 https://acquisition.gov/far/current/html/52_222.html%23wp1152427 https://acquisition.gov/far/current/html/52_222.html%23wp1162560 https://acquisition.gov/far/current/html/52_223_226.html%23wp1168892 https://acquisition.gov/far/current/html/52_227.html%23wp1139116 https://acquisition.gov/far/current/html/52_227.html%23wp1145584 https://www.acquisition.gov/ paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

AGAR 452.209-70 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction (Deviation 2012-01) (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

https://acquisition.gov/far/current/html/Subpart%204_12.html%23wp1073667

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for…