AG-6424-S-11-0003_IFB_19aug11.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) J

1. SOLICITATION NO.

AG-6424-S-11-0003

2. TYPE OF SOLICITATION

X SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

22 Aug 11

PAGE OF PAGES

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

4. CONTRACT NO.

To Be Determined

5. REQUISITION/PURCHASE REQUEST NO.

529811, 529811-1

6. PROJECT NO.

Zell EWP-FPE Restoration/Construction

7. ISSUED BY CODE NRCS-MO-126424 8. ADDRESS OFFER TO

(Street Address)

USDA-NRCS-MISSOURI

601 Business Loop 70 West Parkade Center, Suite 250 Columbia, MO 65203

(Mailing Address) Code: NRCS-MO-126424

USDA NRCS MISSOURI

Attn: Mark R. Luckritz, Contracting Officer 601 Business Loop 70 West - Parkade Center, Suite 250 Columbia, MO 65203

9. FOR INFORMATION

CALL:

A. NAME: Mark R. Luckritz

E-Mail: Mark.Luckritz@mo.usda.gov

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

573-876-9374

SOLICITATION

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

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

(1) USDA NRCS Missouri EWP - FPE Restoration Project in Linn County, Missouri, Zell Tract

(2) Project Description: Work required consists of a federal construction contract to restore land owned by the State of Missouri

(3) The Government shall issue one contract award for the aggregate of all line items to the lowest responsive and responsible

Contractor in accordance with Sealed Bidding Procedures outlined at FAR Part 14 and AGAR Part 414

(4) Magnitude of Work: Between $500,000 and $1,000,000 pursuant to FAR 36.204(e) and AGAR 436.204

(5) NAICS code: 237990 (6) Size Standard: S33.5M (7) PSC/FSC code: Y300 (8) BOC code: 3201

(9) Period of Performance: After Receipt of Award (ARA) through 383 Calendar Days….128 total actual workdays shall be allowed

(10) Total Contract Price: $0.00 (To Be Determined Upon Contract Award)

(11) THIS SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESSES ONLY

11. The Contractor shall begin performance within (10) calendar days and complete it within (363) calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See Section F).

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

X YES NO PERFORMANCE AND PAYMENT BONDS SHALL BE REQUIRED

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 10:00 A.M, Central Time (CDT), on Tuesday, September 20, 2011. If this is a sealed bid solicitation, offers must 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. See Block 10 Continuation on Page 3 and Section L for Bid Preparation/Submission Instructions.

B. An offer guarantee X is, is not required. See 52.228-1 for additional information.

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.

D. Offers providing less than _60_ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

**SITE VISIT: 10 AM (CDT), THURS, 8 SEP 11

SOLICITATION NUMBER: AG-6424-S-11-0003 Page 2 of 40

17. Total Contract Price

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code) / FAX NO. (Include area code)

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

CONTRACTORDUNS NO.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

ACRN AA-15F29; ACRN AB-16F29 (See Section G Accounting and Appropriation Chargeable)

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(1 copy unless otherwise specified)

ITEM

See Block 26/Section G

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE NRCS-MO-126424 27. PAYMENT WILL BE MADE BY

USDA NRCS MO

Missouri State Office, Acquisitions Team 601 Business Loop 70 West Parkade Center, Suite 250

Columbia, MO 65203

Phone: 573-876-9374

FAX: 573-876-9444

Email:

Mark.Luckritz@mo.usda.gov

USD NRCS-MO-126424

USDA NRCS Missouri Contracting Officer per the location/information identified at Block 26. See Section G for additional invoicing/payment instructions.

700 West Capitol Avenue

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (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)

MARK R. LUCKRITZ

CONTRACTING OFFICER, USDA NRCS MISSOURI

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

….per all Contract Line Item Numbers (CLINs) expressed herein on this solicitation under

Part I - The Schedule, Section B - Supplies or Services and Prices/Costs (i.e. The Bid Schedule)

Solicitation Number: AG-6424-S-11-0003

Solicitation Page 3 is Reserved for the

Final Contract Award Document

SF 1442 Front Page Block 10 Continuation Sheet (Preamble)….

(12) Per FAR 36.213-3, this Solicitation (AG-6424-S-11-0003) shall be considered an official Invitation For Bid (IFB) to procure one federal construction contract so NRCS MO (the Agency) can fulfill valid mission requirements

(13) The Magnitude of this Construction Project is Between $500,000 and $1,000,000 pursuant to FAR 36.204(e) and AGAR 436.204

(14) Funds are currently available or funds may be available in accordance with FAR 52.232-18 (Availability of Funds)

(15) The Government shall issue one contract award for the aggregate of all line items to the lowest Responsive (i.e. lowest valid bid) and Responsible Contractor in accordance with Sealed Bidding Procedures outlined at FAR Part 14 and AGAR Part 414

(16) The Government shall award all line items as firm fixed-price (FFP) per FAR 16.202 as applicable with no economic price adjustment (EPA) on a Unit-Price basis, Lump-Sum basis or combination of both methods as identified at FAR 36.207

(17) This Solicitation/IFB shall be reserved exclusively and entirely (100% set-aside) for Small Business Concerns only pursuant to the

Small Business Act (15 U.S.C. 631, et seq.)

(18) Davis-Bacon Act labor standards shall apply to this construction effort; the Successful Offeror shall comply with all Department of Labor or Davis-Bacon Act requirements as expressed at FAR Subpart 22.4 and AGAR Subpart 422.4 as applicable. The appropriate wage determination for the type of work to be performed under the prospective construction project for the County of Linn in the State of Missouri shall be attached to the Solicitation/IFB at Section J

(19) The Period of Performance (PoP) for completion of all contractual requirements as expressed shall be After Receipt of Award

(ARA) through 383 Calendar Days. 128 actual workdays shall be allowed to complete all contract requirements. Not working on

Sundays, Federal Holidays and Historical Adverse Weather Days have already been factored into the overall period of performance.

See Section F for additional performance deadline information applicable to this Solicitation/IFB

(20) NRCS MO shall host a Site Visit for all interested parties at the actual work location at 10:00 A.M. Central Time (CDT) on

Thursday, September 8, 2011. Other Site Visit information relative to this Solicitation/IFB is located in Section L

(21) The Bid Deadline is 10:00 A.M. Central Time (CDT) on Tuesday, September 20, 2011; for whatever reason, any bids (offers) received after such posted deadline shall not be considered timely nor shall they be considered for contract award

(22) Bid Opening shall be conducted at 10:00 A.M. Central Time (CDT) on Tuesday, September 20, 2011, at the USDA NRCS

Missouri State Office located in Columbia, MO at the 601 Business Loop 70 West - Parkade Center, Suite 250 - Columbia, MO 65203

(23) All Offerors must submit a Bid Guarantee per FAR 28.101-2(b) as part of a response (offer/bid) to this Solicitation/IFB in an amount no less than 80% of the total proposed bid price but not to exceed $3M

(24) Contractor Responsibility shall be determined pursuant to FAR Subpart 9.1 as applicable; as a condition to contract award, Offerors must have a valid Central Contractor Registration (CCR) and should not be debarred or suspended in the Excluded Parties

List System (EPLS). See Sections K and L for additional information related to determining responsibility for this Solicitation/IFB

(25) Per FAR 28.102-2(b)(1)(i), the Successful Offeror shall submit a Performance Bond equal to 100% of the total contract price within 10 calendar days after receipt or notification of contract award

(26) The Successful Offeror shall submit a Payment Bond equal to 100% of the total contract price within 10 calendar days after receipt or notification of contract award per FAR 28.102-2(b)(2)(i)(A)

(27) If circumstances warrant after issuing the notice of contract award but prior to releasing authorized notice to proceed (NTP), NRCS MO shall reserve the right to schedule and conduct a Preconstruction Orientation per FAR 36.212 with the Successful Offeror;

in such event, the Contracting Officer shall advise the Awardee accordingly by providing information related to the meeting

(Preconstruction Orientation) as defined at FAR 36.212(c)

(28) As a condition to issuing written NTP, the Awardee shall submit the following documents for Government acceptance with 10 calendar days after receiving the notice of contract award: Payment Bond [A001]; Performance Bond [A002]; Construction Schedule

[A003]; Work Schedule [A004]; Quality Control Plan [A005]; Safety Plan/Program [A006]; Insurance Certification [A007]; Hoist

Operator Annual Physical [A008]; and Test Certification for Cranes, Hoists, etc. [A009]

(29) Data reporting requirements consisting of initial submittals, recurring deliverables and non-recurring deliverables shall apply as expressed at CLIN 0005, Exhibit B, Section J - Attachment 4

(30) All interested parties are hereby advised that NRCS MO shall conduct a Past Performance Evaluation pursuant to FAR

42.1502(e), FAR 36.201 and AGAR 436.201 as applicable for the single Successful Offeror (low responsive bid from a responsible contractor)

(31) Special Note Regarding the Construction Project: The land on which construction will occur is owned by the State of Missouri. The Missouri Department of Natural Resources (MoDNR) has been designated to act on behalf of state interests. Due to the mission of the federal agency (NRCS), NRCS MO has a primary responsibility to ensure federal EWP-FPE program requirements are enacted appropriately. In fulfilling these agency mission duties, NRCS MO shall use the properly appropriated federal funds to contractually execute this valid EWP-FPE construction requirement to restore land owned by the State of Missouri. All Interested Parties (Contractors) are hereby advised that no employee, agent or individual presenting a relationship to the State of Missouri, MoDNR or a city/local municipality with the State of Missouri shall have authority to influence, imply instruction, change, modify, correct or terminate the contract whether verbally or in writing. Such restrictions upon state entities shall also apply to any matters related to this construction requirement during pre-award (solicitation/IFB, etc.), award (technical evaluation, responsiveness/responsibility, execution, etc.) or post-award (contract administration, etc.). The State of Missouri shall be liable for any unauthorized acquisition changes or commitments. All decisions regarding this construction requirement shall be reserved solely for NRCS Missouri acting on behalf of the U.S. Government. NRCS MO shall retain contract exclusivity with the prospective Prime Contractor. Only a properly appointed/warranted federal employee bearing the title of Contracting Officer shall be authorized to act in a legal capacity on behalf of NRCS MO regarding all matters related to this construction requirement. An NRCS MO Contracting Officer shall reserve express authority to act upon the solicitation/contract once executed and is the only NRCS MO employee who has proper contractual authorization to change, execute, administer or terminate federal contract actions.

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

CONSTRUCTION REQUIREMENTS APPLICABLE TO ALL PROJECT SITES

Item No.

TYPE: Firm Fixed Price

Quantity U/I Unit Price Amount

1 LS $ TBD $ TBD

CLIN ACRN ACRN Total

0001 AB $ TBD

NOUN: MOBILIZATION, SILT FENCE, POLLUTION & EROSION CONTROL AND CONSTRUCTION SURVEYS

DESCRIPTION: Work required by CLIN 0001 shall consist of Mobilization, Silt Fence, Pollution and Erosion Control and

Construction Surveys for all project sites (Zell East and Zell West) as applicable. The Contractor shall furnish all necessary parts, materials, incidentals, labor, manpower and expertise as expressed on the documents attached to this Solicitation/Invitation for

Bid (IFB) at Section J (particularly Attachments 1, 2, 3, 8 and 9). Davis-Bacon Act labor provisions and the Wage Determination for Linn County, Missouri as identified at Section J - Attachment 6 shall apply to any work performed under CLIN 0001 as applicable. Safety Requirements defined at Appendix A (Section J - Attachment 5) shall apply to all work performed under CLIN

0001 as applicable. CLIN 0001 pricing also covers costs related to preparation and delivery of Data Deliverables as expressed at

CLIN 0005. Please refer to Exhibit B (Section J - Attachment 7) for the Comprehensive Bid Schedule for all priced line items inclusive of CLIN 0001 costs.

CLIN 0001, ALL SITES COMBINED (ZELL EAST & ZELL WEST)

Zell EWP-FPE Restoration Construction Contract BID SCHEDULE

Version: 1.0 Date: 19 Aug 11 Validity: thru AG-6424-S-11-0003

SUBLINE

ITEM NO.

WORK OR MATERIAL ACRN

SPECIFICATION

NO.

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

EXTENDED

PRICE

0001AA Mobilization AB 8 1 LS $ $

0001AB Silt Fence AB 216 2,300 LF $ $

0001AC Pollution and Erosion Control AB 5 1 LS $ $

0001AD Construction Surveys AB 7 1 LS $ $

CLIN 0001 Total Price: $

Purchase Request(s)

PR Line Item(s)

529811-1 002

Inspection: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Acceptance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Quality Assurance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Period of Performance: After Receipt of Award (ARA) thru 383 Calendar Days

ZELL WEST CONSTRUCTION REQUIREMENTS

AA

AB

$ TBD

NOUN: EARTHWORK, EXCAVATION, EARTHFILL, ETC. FOR ZELL WEST SITE

DESCRIPTION: Work required by CLIN 0002 shall consist of construction restoration activities for the Zell West project site as applicable. The Contractor shall furnish all necessary parts, materials, incidentals, labor, manpower and expertise as expressed on the documents attached to this Solicitation/IFB at Section J (particularly Attachments 1, 2, 3, 8 and 9). Davis-Bacon Act labor provisions and the Wage Determination for Linn County, Missouri as identified at Section J - Attachment 6 shall apply to any work performed under CLIN 0002 as applicable. Safety Requirements defined at Appendix A (Section J - Attachment 5) shall apply to any work performed under CLIN 0002 as applicable. CLIN 0002 pricing also covers costs related to preparation and delivery of

Data Deliverables as expressed at CLIN 0005. Please refer to Exhibit B (Section J - Attachment 7) for the Comprehensive Bid

Schedule for all priced line items inclusive of CLIN 0002 costs.

Purchase Request(s)

PR Line Item(s)

529811, 529811-1 001, 002

Inspection: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Acceptance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Quality Assurance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

CLIN 0002, ZELL WEST

Version: 1.0 Date: 19 Aug 11 Validity: thru AG-6424-S-11-0003

SUBLINE

ITEM NO.

WORK OR MATERIAL ACRN

SPECIFICATION

NO.

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

EXTENDED PRICE

000201 Earthfill, Type 1 AB 23 106,811 CY $ $

000202 Earthfill, Type 2 AB 23 113,130 CY $ $

000203 Excavation, Levee Takedown AB 21 24,535 CY $ $

000204 Excavation, Dike 3 AB 21 2,645 CY $ $

000205 Excavation, Additional AB 21 4,300 CY $ $

000206 Rip Rap AB 61 2,295 CY $ $

000207 Water Control Structure 1 AA 251 1 LS $ $

000208 Water Control Structure 2 AA 251 1 LS $ $

000209 Water Control Structure 3 AA 251 1 LS $ $

000210 Water Control Structure 4 AA 251 1 LS $ $

000211 Seeding and Mulching, Group 1 AA 6 8.8 AC $ $

000212 Seeding and Mulching, Group 2 AA 6 13.1 AC $ $

000213 Seeding and Mulching, Group 3 AA 6 66.6 AC $ $

000214 Seeding and Mulching, Group 4 AA 6 4.5 AC $ $

000215 Seeding, Group 5 AA 6 60 AC $ $

CLIN 0002 Total Price: $

ZELL EAST CONSTRUCTION REQUIREMENTS

AA

AB

NOUN: EARTHWORK, EXCAVATION, EARTHFILL, ETC. FOR ZELL EAST SITE

DESCRIPTION: Work required by CLIN 0003 shall consist of construction restoration activities for the Zell East project site as applicable. The Contractor shall furnish all necessary parts, materials, incidentals, labor, manpower and expertise as expressed on the documents attached to this Solicitation/IFB at Section J (particularly Attachments 1, 2, 3, 8 and 9). Davis-Bacon Act labor provisions and the Wage Determination for Linn County, Missouri as identified at Section J - Attachment 6 shall apply to any work performed under CLIN 0003 as applicable. Safety Requirements defined at Appendix A (Section J - Attachment 5) shall apply to any work performed under CLIN 0003 as applicable. CLIN 0003 pricing also covers costs related to preparation and delivery of

Data Deliverables as expressed at CLIN 0005. Please refer to Exhibit B (Section J - Attachment 7) for the Comprehensive Bid

Schedule for all priced line items inclusive of CLIN 0003 costs.

CLIN 0003, ZELL EAST

Version: 1.0 Date: 19 Aug 11 Validity: thru AG-6424-S-11-0003

SUBLINE

ITEM NO.

WORK OR MATERIAL ACRN

SPECIFICATION

NO.

QUANTITY

UNIT OF

ISSUE

UNIT

PRICE

EXTENDED PRICE

000301 Earthfill, Type 1 AB 23 16,168 CY $ $

000302 Earthfill, Type 2 AB 23 32,612 CY $ $

000303 Excavation, Common AB 21 1,358 CY $ $

000304 Excavation, Levee Takedown AA 21 470 CY $ $

000305 Water Control Structure 1 AA 251 1 LS $ $

000306 Water Control Structure 2 AA 251 1 LS $ $

000307 Water Control Structure 3 AA 251 1 LS $ $

000308 Water Control Structure 4 AA 251 1 LS $ $

000309 Water Control Structure 5 AA 251 1 LS $ $

000310 Seeding and Mulching, Group 1 AA 6 6.1 AC $ $

000311 Seeding and Mulching, Group 2 AA 6 11.8 AC $ $

000312 Seeding and Mulching, Group 3 AA 6 2 AC $ $

000313 Seeding and Mulching, Group 4 AA 6 0.2 AC $ $

000314 Seeding, Group 6 AA 6 40 AC $ $

CLIN 0003 Total Price: $

Purchase Request(s) PR Line Item(s)

529811, 529811-1 001, 002

Inspection: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Acceptance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Quality Assurance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

MISCELLANEOUS CONSTRUCTION REQUIREMENTS - TBN

1 LS $ TBN $ TBN

0004 TBD $ TBN

NOUN: MISCELLANEOUS IN-SCOPE CONSTRUCTION REQUIREMENTS NOT DEFINED ELSEWHERE

DESCRIPTION: Work required by CLIN 0004 shall consist of miscellaneous within scope construction restoration activities for both sites (Zell West and Zell East) not defined elsewhere within the other bid schedule items or Section J contractual requirements (specs, maps, drawings, plans, etc.) which shall be negotiated (TBN, To Be Negotiated) at a later date if necessary.

Work requirements incorporated via CLIN 0004 shall be defined in sufficient detail to the satisfaction of both parties based on firm (valid) Government requirements at a later date. If this line item is utilized, the Contractor shall furnish all necessary parts, materials, incidentals, labor, manpower and expertise as expressed on the documents attached to this Solicitation/IFB at Section J including the scope of work added under CLIN 0004. Davis-Bacon Act labor provisions and the Wage Determination for Linn

County, Missouri as identified at Section J - Attachment 6 shall apply to any work performed under CLIN 0004 as applicable.

Safety Requirements defined at Appendix A (Section J - Attachment 5) shall apply to any work performed under CLIN 0004 as applicable. CLIN 0004 pricing also covers costs related to preparation and delivery of Data Deliverables as expressed at CLIN

0005. Please refer to Exhibit B (Section J - Attachment 7) for the Comprehensive Bid Schedule for all priced line items inclusive of CLIN 0004 costs.

Purchase Request(s) PR Line Item(s)

To Be Determined To Be Determined

Inspection: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Acceptance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Quality Assurance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

CONTRACT DATA & REPORTS (NON-PRICED)

1 LS NSP ($0.00) NSP ($0.00)

AA

AB

$ NSP ($0.00)

$ NSP ($0.00)

NOUN: CONTRACT DATA DELIVERABLES & REPORTS AS DEFINED/REQUIRED

DESCRIPTION: The Contractor shall deliver all initial, recurring and non-recurring Contract Data and Reports per the Contract

Data Requirements Listing (CDRLs)/DD Form 1423-1 documents expressed at Exhibit A (Section J - Attachment 4). Written

Government Acceptance from the Contracting Officer shall be required for any data deliverable furnished under CLIN 0005. No cost has been allocated for this line item because pricing for CLIN 0005 is covered by the priced CLINs above (0001 - 0004).

Purchase Request(s) PR Line Item(s)

529811, 529811-1 001, 002

Inspection: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Acceptance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

Quality Assurance: Per 52.246-12, 452.246-70 and Condition E1, including other contract requirements as applicable

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

(IAW AGARFARS 411.171(c))

452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

(IAW AGARFARS 411.171(d))

SECTION D - PACKAGING AND MARKING

AT THIS TIME, THERE ARE NO APPLICABLE PROVISIONS OR CLAUSES FOR SECTION D, OTHER THAN CONDITION D1 BELOW.

D1. INSTRUCTIONS FOR MARKING DATA AND CORRESPONDENCE REGARDING THIS

CONTRACT ACTION

(a) Marking of Data Deliverables shall be performed in accordance with Contract

Line Item Number (CLIN) 0005 as expressed on each individual Exhibit A (Section J

- Attachment 4) Contract Data Requirements Listing (CDRL)/DD Form 1423-1 as applicable.

(b) All data furnished as a result of performance under this contract shall be delivered to the Government with Unlimited Rights, free from restrictive legends or proprietary markings.

(c) Also, all correspondence regarding this contract action shall be noted accordingly by referencing the Solicitation/IFB Number (AG-6424-S-11-0003) during

Pre-Award and the Contract Number (To Be Determined at Time of Award) after official award execution/distribution during Post-Award administration.

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(IAW FAR 46.312)

452.246-70 INSPECTION AND ACCEPTANCE -- ALTERNATE I (FEB 1988)

(IAW AGARFARS 446.370)

(b) Inspection will be performed at: the project worksite (source) by the delegated NRCS MO Construction Inspector and Contracting Officer Technical Representative (COTR).

(c) Acceptance will be performed at: source initially by the NRCS MO individuals noted above at 452.246-70(b) following the conclusion of favorable government quality assurance (inspection). However, pursuant to FAR 46.502 and 52.246-12(i), final government acceptance shall be executed by the delegated NRCS MO Administrative Contracting Officer (ACO) or Contracting Officer (PCO) upon approval and scheduling of invoices for disbursement (payment) or as a result of written acceptance of data delivered by the Contractor under CLIN 0005 as required.

E1. CLARIFICATION REGARDING NRCS MO CONSTRUCTION QUALITY ASSURANCE,

INSPECTION AND ACCEPTANCE

(a) Per FAR 46.402, Government Contract Quality Assurance (QA) consisting of continuous inspection, periodic inspection or a combination of both methods will be performed at source because inspection at the project construction site shall be required during contract performance.

(b) NRCS MO inspection or QA shall not be available on weekends and Federal holidays. Also, Government QA shall not be available during emergency repair work which is described below at Condition F7. As a result, the Contractor should plan work accordingly.

(c) Inspection/acceptance at source shall not be considered conclusive or final acceptance which is duty reserved exclusively for the Contracting Officer.

(d) Nonconforming services under this contract shall be re-performed at no additional cost to the Government as a condition to obtaining final written acceptance from the Contracting Officer.

SECTION F - DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(IAW FAR 11.404(b))

The Contractor shall be required to (a) commence work under this contract within * 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 ** . The time stated for completion shall include final cleanup of the premises.

Item No *Commence Work Within **Complete No Later Than

Ten (10)

To Be Determined/Negotiated

Upon Receipt of Contract Award

Three Hundred Sixty Three (363) calendar days

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK -- ALTERNATE I (APR 1984)

(IAW FAR 11.404(b))

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by ten (10) calendar days after the notice of contract award if all data deliverables (CDRLs) and bonding requirements are successfully fulfilled by the Contractor.

52.211-13 TIME EXTENSIONS (SEP 2000)

(IAW FAR 11.503(b), FAR 11.503(c))

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

(IAW FAR 11.703(c))

452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

(IAW AGARFARS 411.404(a))

The effective period of this contract is from a future date to be determined at the time of award through three hundred eighty three

(383) total calendar days (which will also be a date determined at the time of award).

452.211-75 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

(IAW AGARFARS 411.404(b))

The effective period of this contract is from the notice of contract award (NOCA) through three hundred eighty three (383) total calendar days including ten (10) calendar days for the NTP, ten (10) calendar days for mobilization/move-in and three hundred sixty three (363) calendar days to perform all work requirements, demobilize and properly conduct site cleanup.

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(IAW FAR 36.515)

452.236-75 MAXIMUM WORKWEEK--CONSTRUCTION SCHEDULE (NOV 1996)

(IAW AGARFARS 436.575)

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

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

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is six (6) ten hour (10 hr) workdays, Monday through Saturday only.

F1. TOTAL WORKING DAYS ALLOWED FOR PERFORMANCE

(a) One Hundred Twenty Eight (128) total working days shall be allowed to perform all contractual requirements expressed herein, including critical path items, major items of work, etc.

F2. PERFORMANCE ON SUNDAYS

(a) Unless specifically instructed in writing by the Contracting Officer in advance, no Prime Contractor or Sub Contractor employee shall be authorized to incur any cost against or perform any work under this contract on Sundays.

(b) The overall schedule or period of performance does account for the Contractor not completing any work on Sundays which is prohibited above per AGAR 452.236-75

(Maximum Workweek).

F3. PERFORMANCE ON FEDERAL HOLIDAYS

(IAW 5 U.S.C. 6103)

(a) Unless specifically instructed in writing by the Contracting Officer in advance, no Prime Contractor or Sub Contractor employee shall be authorized to incur any cost against or perform any work under this contract on the observed

Federal holidays expressed below:

Federal Holiday Date, CY11 Date, CY12

New Year’s Day Friday, 30 Dec 10 Monday, 2 Jan 12

Birthday of Martin Luther King, Jr. Monday, 17 Jan 11 Monday, 16 Jan 12

Washington’s Birthday Monday, 21 Feb 11 Monday, 20 Feb 12

Memorial Day Monday, 30 May 11 Monday, 28 May 12

Independence Day Monday, 4 Jul 11 Wednesday, 4 Jul 11

Labor Day Monday, 5 Sep 11 Monday, 3 Sep 12

Columbus Day Monday, 10 Oct 11 Monday, 8 Oct 12

Veterans Day Friday, 11 Nov 11 Monday, 12 Nov 12

Thanksgiving Day Thursday, 24 Nov 11 Thursday, 22 Nov 12

Christmas Day Monday, 26 Dec 11 Tuesday, 25 Dec 12 not completing any work on Federal Holidays which is prohibited herein under

Condition F3.

F4. PERFORMANCE DURING ADVERSE WEATHER

(a) The information below is based on average historical monthly adverse weather days from National Oceanic and Atmospheric Administration (NOAA) for the project location. The data below is being included as reference and it will be utilized as the baseline for developing a realistic overall performance schedule in consideration of seasonal or weather constraints that would more than likely impact actual performance.

AVERAGE HISTORICAL ADVERSE WEATHER DAYS PER MONTH BASED ON A SIX (6) WORKDAY WEEK

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

24 23 27 10 10 11 3 6 7 7 12 26 not completing any work for the number of monthly workdays identified above under

Condition F4.

F5. WINTER SHUTDOWN

(a) Unless specifically instructed by the Contracting Officer in writing otherwise, this contract shall have no “winter shutdown period”.

F6. SUMMARY OF MONTHLY WORKDAYS FOR THE CONTRACT BASED ON SIX 10 HOUR DAYS

(a) Per Conditions F1 through F5 above, the following information represents the actual number monthly workdays that have been factored into the overall period of performance based on 128 total working days to complete all contractual requirements…

OCT 2011: 9 NOV 2011: 12 DEC 2011: 0

JAN 2012: 0 FEB 2012: 0 MAR 2012: 0

APR 2012: 10 MAY 2012: 14 JUN 2012: 15

JUL 2012: 23 AUG 2012: 20 SEP 2012: 18

OCT 2012: 7 NOV 2012: N/A DEC 2012: N/A

F7. EMERGENCY SITUATIONS

(a) If at any time during the period of the contract when not actively performing at the project location and the Contractor experiences an emergency situation related to protecting, securing or maintaining the worksite, such emergency work shall not require written approval from the Contracting Officer for the

Contractor to properly rectify the situation. Protecting the worksite is considered an essential element of the contract requirements. Therefore, if necessary, emergency work to secure the project location shall be performed by the Contractor at no additional cost to the Government.

F8. PROGRESSION OF WORK

(a) Unless specifically instructed by the Contracting Officer in writing otherwise, the Contractor, once performance is initiated at a particular site, shall finish all work requirements for such site including seeding, mulching, fencing, preliminary cleanup, etc. prior to moving forward with subsequent performance at other contract work sites.

F9. CONTRACTOR’S RESPONSIBILITY TO NOTIFY THE GOVERNMENT REGARDING

PERFORMANCE DELAYS

(IAW FAR 52.249-10)

(a) It is the Contractor’s responsibility to successfully manage performance of all contract requirements within the established schedule. Refer to FAR clause

52.249-10, Default-Fixed Price Construction (Apr 1984) as specified below under

Part II - Contract Clauses, Section I - Contract Clauses.

(b)If an unusually severe weather day occurs that has not been factored into the overall period of performance, Condition F9 shall serve as a reminder for the

Contractor to submit an appropriate timely written request to the Contracting

Officer for such excusable delay pursuant to FAR 52.249-10(b). [Ref: 52.249-10(b)(1)(x)]

(c) Submission of a written excusable delay per 52.249-10(b) does not automatically guarantee an in scope contract change to extend the period of performance because final judgment shall be reserved for the Contracting Officer.

[Ref: 52.249-10(b)(2)]

*Note: FAR clause 52.249-10 addresses other delays than just those for unusually severe weather.

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

(IAW FAR 32.111(a)(5))

G1. CONTRACTING OFFICER(S) FOR CONTRACTS

(a) The NRCS Missouri procurement official who signs this contract will be considered the Procuring Contracting Officer (PCO) and shall be the primary

Contracting Officer for this action during all phases of the contract. The

Administrative Contracting Officer (ACO) will assist with contract administration and shall be considered an authorized spokesperson for the PCO and/or another

NRCS Missouri procurement official with authority to act as a Contracting Officer subject to federal, department and agency regulations as applicable. Both the

PCO and ACO shall have express authority to act on behalf of the US Government pursuant to their warrant authority vested by the Agency pursuant to FAR Subpart

1.6.

(b) The following individual shall hereby be delegated as the ACO for this contract action until cancelled, amended or rescinded in writing otherwise:

Mr. Bryan A. Thomas, Contracting Officer/Contract Specialist, United States

Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Missouri (MO), Phone 573-876-9417, Fax 573-876-9444, Email

Bryan.Thomas@mo.usda.gov.

(c) The individual identified at FAR 52.204-1 shall be considered the PCO

(Contracting Officer, Primary) for this contract action until cancelled, amended or rescinded in writing otherwise.

G2. DESIGNATED PAYMENT AND CONTRACT ADMINISTRATION OFFICE -

CONTACT INFORMATION

(a) The Government office described below shall coordinate final acceptance and issuance of payments under this contract action. Also, this office is directly responsible for all post-award administration matters.

Office: USDA NRCS Missouri, Acquisitions Team (ADS), MO-126424

Mailing Address: USDA NRCS Missouri

Attn: Contracting Officer, AG-6424-S-11-0003

601 Business Loop 70 West

Parkade Center, Suite 250

Columbia, MO 65203

Fax: 573-876-9444 (Mark Luckritz and Bryan Thomas)

Phone: 573-876-9374 (Mark Luckritz) or 573-876-9417 (Bryan Thomas)

Email: Mark.Luckritz@mo.usda.gov or Bryan.Thomas@mo.usda.gov

Accounting and Appropriation Chargeable

ACRN Funds Citation Amount Chargeable

AA 16.11.ZZ.15F.29.ZZ.ZZZZZZZZ.ZZ.ZZZZZZZZZ.3201.ZZ.ZZZZZZZZ.ZZZZ

AB 16.11.ZZ.16F.29.ZZ.ZZZZZZZZ.ZZ.ZZZZZZZZZ.3201.ZZ.ZZZZZZZZ.ZZZZ

*References: AA, Requisition #529811, dated 6/29/2011;

AB, Requisition #529811-1, dated 8/8/2011

TOTAL AMOUNT CHARGEABLE: $ TBD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

(IAW FAR 22.810(f))

52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)

(IAW FAR 25.1102(a), DAR Tracking # 2010-O0001)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

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

(1) 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

(2) 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; or

(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 (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 the construction material or components listed by the Government as follows:

Excepted Construction Material

*None identified at this time.

(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.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is non-compliant 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

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

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

(IAW FAR 27.201-2(d)(1))

452.232-70 REIMBURSEMENT FOR BOND PREMIUMS--FIXED-PRICE CONSTRUCTION CONTRACTS

(NOV 1996)

(IAW AGARFARS 432.111)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

(IAW FAR 36.501(b))

The Contractor shall perform on the site, and with its own organization, work equivalent to at least eighty (80%) percent of the total amount of work to be performed under the contract.

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(IAW FAR 36.502)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(IAW FAR 36.503)

52.236-4 PHYSICAL DATA (APR 1984)

(IAW FAR 36.504)

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.

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(IAW FAR 36.505)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(IAW FAR 36.506)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(IAW FAR 36.507, AFFARS 5336.507)

52.236-8 OTHER CONTRACTS (APR 1984)

(IAW FAR 36.508)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENT (APR 1984)

(IAW FAR 36.509)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(IAW FAR 36.510)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(IAW FAR 36.511)

52.236-12 CLEANING UP (APR 1984)

(IAW FAR 36.512)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

(IAW FAR 36.513(a), FAR 36.513(b))

52.236-16 QUANTITY SURVEYS (APR 1984)

(IAW FAR 36.516)

52.236-17 LAYOUT OF WORK (APR 1984)

(IAW FAR 36.517)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

(IAW FAR 36.521)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION -- ALTERNATE I (APR 1984)

(IAW FAR 36.521(a))

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(IAW FAR 36.522)

452.236-71 PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (NOV 1996)

(IAW AGARFARS 436.571)

452.236-72 USE OF PREMISES (NOV 1996)

(IAW AGARFARS 436.572)

452.236-73 ARCHAEOLOGICAL OR HISTORIC (FEB 1988)

(IAW AGARFARS 436.573)

452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

(IAW AGARFARS 436.574)

452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

(IAW AGARFARS 436.576)

52.242-14 SUSPENSION OF WORK (APR 1984)

(IAW FAR 42.1305(a))

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2010)

(IAW FAR 48.202)

H1. CONSTRUCTION INDUSTRY SAFETY STANDARDS PER OCCUPATIONAL SAFETY

AND HEALTH ADMINISTRATION (OSHA) PARTS 1910 AND 1926

(IAW NRCS, MISSOURI, 199)

(a) As applicable to performing the work requirements of this contract, the

Contractor shall comply with the Natural Resources Conservation Service (NRCS)

Supplement to OSHA Parts 1910 and 1926 for Construction Industry Standards and

Interpretations as expressed on the Appendix A - Safety Requirements document attached to this contract action at Section J (Attachment 5).

H2. OTHER CONSTRUCTION PROJECT STAKEHOLDERS

(a) The State of Missouri and/or individual landowners may have interests in this construction project. The Contractor is hereby advised that any clarification regarding performance of the contract shall be provided by an employee from NRCS

Missouri. In addition, the Contractor is further advised that the Contracting

Officer is the only NRCS Missouri employee with express authority to direct, determine, instruct, terminate, modify or change any requirements of the contract. If in doubt, contact the Contracting Officer for advice prior to interpreting contract requirements or performing implied direction from anyone other than the Contracting Officer.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(IAW FAR 3.404)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(IAW FAR 3.503-2)

52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

(IAW FAR 3.502-3)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

(JAN 1997)

(IAW FAR 3.104-9(a))

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(IAW FAR 3.104-9(b))

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

(IAW FAR 3.808(b))

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

(IAW FAR 3.1004(a))

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(IAW FAR 3.1004(b), DFARS 203.1004(b)(2)(ii))

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

(IAW FAR 4.103)

This contract is subject to the written approval of Mark R. Luckritz, Contracting Officer/Supervisory Contract Specialist, United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Missouri (MO), Phone: 573-876- 9374, Fax: 573-876-9444, Email: Mark.Luckritz@mo.usda.gov and shall not be binding until so approved.

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

(IAW FAR 4.303)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(IAW FAR 4.1105)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(IAW FAR 4.1303)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010)

(IAW FAR 4.1403(a))

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

(IAW FAR 9.409)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN…