LAND SURVEY SOW and Specifications.pdf

Section B – Supplies or Services and Prices/Costs

B.1 AGAR 452.216-73 Minimum and Maximum Contract Amounts. (Feb 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $500, but not in excess of $200,000 (base year).

B.2 Task Order

Task orders will be issued as firm-fixed price procurements as sites requiring surveys are identified which may be as early as the date of contract award. Negotiation of each task order will take place first with the most highly qualified firm. Task Orders will include landowner information (name, address, and telephone number), easement boundary and the approximate acreage of the survey area. Total number of task orders awarded will fluctuate based on need and availability of funds. Each task order shall be completed within 45 days from the beginning of field work by the contractor.

Section C – Description/Specifications

C.1 AGAR 452.211-72 Statement of Work/Specifications

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

C.2 Statement of Work

The Contractor(s) will provide a legal boundary survey of the EWP/FRPP/GRP/WRP easement area(s) including a map, a narrative easement description, and the route of ingress and egress according to the following guidelines.

Prior to the start of fieldwork, a pre-survey site visit will occur. During the pre-survey site visit, the proposed easement boundaries will be reviewed as will the easement access route (if the easement is not adjacent to a public road). Attending will be the Surveyor, NRCS District Conservationist (DC) (or other NRCS official) and the landowner (or a landowner representative).

In scheduling the pre-survey site visit, the Surveyor will: (1) contact the local NRCS DC; (2) arrange a meeting with the DC and the landowner (together) to review the boundary of the proposed easement area; (3) complete the documentation of Pre-Survey Meeting form (Attachment 1) and send it to the NRCS Contracting Officer.

The NRCS EWP/FRPP/GRP/WRP Program Manager or DC will provide the Contractor with location maps of the EWP/FRPP/GRP/WRP easement area, written permission by landowner granting access to subject property, the access route and such other descriptive information as may be available. The Surveyor will not modify the easement area surveyed at the request/direction of the landowner. The boundary of the easement area MAY NOT BE CHANGED from what has been indicated. Only the NRCS Contracting Officer may authorize a modification to the easement area boundary. Any variations in the number of acres surveyed should be reported to the Contracting Officer immediately. Any questions regarding the easement area should be directed to the Contracting Officer Representative (COR), Pamela L. Schell, at 701.530.2014, pam.schell@nd.usda.gov or via fax at 701.530.2109.

Surveys shall meet the accuracy specifications and positional tolerances for Rural Survey as set forth by the State of North Dakota Board of Registration for Professional Engineers and Land Surveyors.

Longitude and latitude will be provided for each property corner. Access shall be surveyed, but no monumentation is required. The Surveyor will show both the easement and the ingress/egress route to a publicly dedicated right-of-way.

The Surveyor shall prepare an appropriately scaled drawing of the survey. The Surveyor shall provide an original and two 11 X 17 copies of the survey plat (and attachments, which include the legal description and access description) and two 8 ½ X 14 copies of the survey plat (and attachments, which include the legal description and access description) to the COR. The Surveyor shall also provide one 11 X 17 copy of the survey plat (and attachments, which include legal description and access description) to the NRCS DC. The Contractor is not to provide a copy of the plat to the landowner without the approval of the Contracting Officer.

The Surveyor shall provide a digital geospatial data layer of the EWP/FRPP/GRP/WRP boundary easement layer. Project must be defined as UTM 13 or 14 (NAD83 meters). The format will be ESRI Arc Info export (.e00) or shapefile (.dbf, .shp, .shx) submitted to the COR on compact disc.

The survey drawing should include at a minimum, the following items:

The record description of the property or the reference to the source of the record description on the property of which the easement is located on;

The survey description of the easement area as Attachment A to the survey;

The survey description of the route of ingress/egress to the subject property (even if ingress/egress is on the section line) as Attachment B to the survey;

North arrow;

Scale;

Bearings, azimuth or angles, and the distances for all courses;

The central angle, length of curve and radius, and the length and bearing of chord from the beginning to end of curve for each curved common boundary line or individual boundary line;

Basis of bearings or azimuth;

Monuments identified as set or found along with a description of the monument;

Area of the surveyed easement;

Observed evidence of possession or use by others in the parcel or across any perimeter lines of the property;

Sufficient data to indicate the theory of location applied in formulating the opinions as to the probable location of the boundaries and corners of the property;

Name, registration number, address and phone number of Surveyor;

Client name;

Survey date;

EWP/FRPP/GRP/WRP Contract number (in the legend of the survey plat); and a Certification ~ The following statement must be included on each survey:

“THIS IS TO CERTIFY THAT THIS SURVEY, DONE BY THE UNDERSIGNED, WAS DONE ON

THE GROUND IN ACCORDANCE WITH THE MOST RECENT MINIMUM STANDARDS FOR

PROPERTY BOUNDARY SURVEYS – AS SET FORTH BY THE STATE OF NORTH DAKOTA

BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS.

THE ACCURACY SPECIFICATION AND POSITION TOLERANCE ARE ALSO IN

ACCORDANCE WITH RURAL AREA SURVEYS.”

The following shall be included in the legal description (as Attachment A to survey plat) of the property:

A clear statement of the relationship between the described property and the survey control or the basis of the unique location;

The basis of bearings when bearings are used;

Metes and bounds descriptions shall include bearings or angles and distances in order to allow for the computation of a mathematical closure;

Citations to the recording information or other identifying documentation for any maps, plats, or other documents referenced;

Detailed description of any natural or artificial monument referenced;

The landowner (or landowners’ representative) shall certify the survey plat has been made at the request and under the direction of the landowner for the purposes indicated therein, that he or she is the owner of all the land included therein, and development of the land shall conform to all existing applicable zoning, subdivision, and erosion and sediment control regulations. The landowner certification shall be acknowledged before an officer authorized to take acknowledgement of deeds and, with the certification of such acknowledgement, shall be endorsed on or attached to the plat and be recorded as a part thereof in the office of register of deeds of the proper county.

Natural or manmade barriers, including but not limited to ditches, streams, creeks, or rivers, are occasionally used as boundary lines in a property description. In those instances, in property descriptions where boundary lines are called for as being located at or along the centerline of a ditch, stream, creek, or river, for purposes of defining the EWP/FRPP/GRP/WRP easement, the Surveyor shall traverse along the top bank of such ditch, stream, creek, or river. In those cases where property descriptions call for boundary lines to be located at or along a lake, for the purposes of defining the EWP/FRPP/GRP/WRP easement, the Surveyor shall traverse along the top bank of such lake or in the absence of a top bank, the Surveyor shall traverse along a mark left by wave action at the preceding high water elevation, as determined by simple observation or at the high water mark established by the North Dakota State Water Commission to establish the easement boundary line. In cases, where the Surveyor is unable to determine the easement boundary line, the local NRCS DC will be contacted immediately to make this determination. Questions regarding these traverses shall be directed to the COR.

In some instances, corner points for the easement survey may be submerged. In this event, a mark left on the bank by wave action at the preceding high water, as determined by simple observation, shall be surveyed and the location for easement corners shall be mathematically offset from that line. Witness monuments shall be located on dry ground and tied to the computed points. Any suspected encroachment on the tract shall be brought to the attention of the COR.

Monuments and boundary marker post signs shall be provided and installed by the Surveyor at the time the survey is completed and prior to delivery of the plat of survey and legal description. The Surveyor will need to contact the NRCS COR to determine if a supply of marker posts is available from the NRCS stock. If none are available, Surveyor shall provide such marker posts. The Surveyor will be required to pick up the signs at the local NRCS office. Monuments and marker posts with signs shall be installed at each corner, angle point, road crossing, and approximately every 500 feet along a tangent. Witness posts and monuments are not required when the boundary runs along a river, lake, or stream. Witness posts and monuments are required at the intersection of property lines. All monuments must be thoroughly described and specifically identified as set or found, whenever shown on maps or referred to in documents prepared by the Surveyor. Descriptions of monuments must be sufficient in detail to readily facilitate future recovery by other Surveyors and to enable positive identification.

An acceptable monument will be a 5/8” steel rebar rod and minimum length for the monument will be .23” long driven just below the ground surface. Caps (approved by NRCS) shall be placed on each marker.

Witness posts shall consist of a “U” shaped steel fence post at least seventy-eight (78) inches in length and have a minimum weight of 1.33 lbs per foot. Posts shall be of a natural color, preferably green. The Contractor is required to attach a EWP/FRPP/GRP/WRP boundary sign, 3” X 4 ½” to the top of the witness post using a galvanized nut and bolt or lag screw. A wire attachment is not acceptable. The EWP/FRPP/GRP/WRP sign has two 3/8 inch drilled holes.

Upon completion, the Contractor will contact the local NRCS DC and landowner for a Post-Survey Meeting to certify the work has been completed in accordance with the NRCS Statement of Work. At this time, the Post-Survey Meeting documentation will be completed (Attachment 2) and submitted to the NRCS Contracting Officer. This certification will be made prior to any reimbursement to the Contractor.

Conflict Of Interest

A Surveyor will not survey a EWP/FRPP/GRP/WRP easement property for a spouse, child(ren), partner(s), or business associate(s), nor have a financial interest in the property to be covered by the proposed easement.

Non-Disclosure

Work performance required by this SOW will involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel must comply with the terms of AGAR 452.224-70, Confidentiality of Information, as well as provisions of the Privacy Act of 1974, 5 U.S.C 552a.

Additionally, the Contractor’s employees shall comply with privacy of personal information relating to Natural Resources Conservation Service programs in accordance with Section 1244 Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 1078-171) and Food, Conservation and Energy Act of 2008.

Civil Rights and Program Delivery

The Contractor will ensure that personnel prohibit discrimination in all aspects of programs and activities related to the Contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status.

Section D – Packaging and Marking

There are no clauses included in this section.

Section E – Inspection and Acceptance

E.1 52.246-4 Inspection of Services - Fixed-Price. (Aug 1996)

(a) Definition: Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

Section F – Deliveries Or Performance

F.1 52.211-9 Desired and Required Time of Delivery. (Jun 1997) - Alternate III (Apr 1984)

The Government desires delivery of the completed surveys to be due 45 calendar days from the date of the issuance of the Notice to Proceed, unless specified otherwise in the task order. Any extensions in this 45-day delivery timeline shall be obtained from the Contracting Officer in writing.

F.2 52.236-23 Responsibility of the Architect-Engineer Contractor. (Apr 1984)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and will remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

F.3 52.236-24 Work Oversight in Architect-Engineer Contracts. (Apr 1984)

The extent and character of the work to be done by the Contractor shall be subject to the general oversight, supervision, direction, control, and approval of the Contracting Officer.

F.4 52.236-25 Requirements for Registration of Designers. (Jun 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

F.5 52.242-1 Government Delay of Work. (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

F.6 52.242-14 Suspension of Work. (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.7 52.242-15 Stop-Work Order. (Aug. 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is cancelled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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 7 days after due date specified in the contract, contact the payment office designated below for information regarding when payment will be made.

Mr. Myron Steier Budget Officer USDA, Natural Resources Conservation Service P.O. Box 1458 Bismarck, ND 58502-1458 701/530-2013

If questions arise on the amount paid, contact the contracting address shown in the contract.

The Contractor will submit an invoice for payment to the NRCS Contracting Officer no later than thirty (30) days after delivery of the survey. Payment will be direct deposited into the Contractor’s account in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration

(OCT 2003).

Section H – Special Contract Requirements

H.1 452.224-70 Confidentiality of Information. (Feb 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C.

552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.2 452.228-71 Insurance Coverage. (Nov 1996) ALTERNATE 1 (Nov 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance equal to the amount required by

North Dakota state law.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.3 452.237-74 Key Personnel. (Feb 1988)

(a) The Contractor shall assign to this contract the following key personnel: __________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Section I – Contract Clauses

I.1 52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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

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

52.202-1 Definitions. (Jul 2004)

52.203-3 Gratuities. (Apr 1984) 52.203-5 Covenant Against Contingent Fees. (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government. (Sep 2006) 52.203-7 Anti-Kickback Procedures. (Jul 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity. (Jan 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (Jan 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Sep 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (Aug 2000) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Sep 2006) 52.215-2 Audit and Records—Negotiation. (Jun 1999) 52.215-8 Order of Precedence—Uniform Contract Format. (Oct 1997)

52.219-6 Notice of Total Small Business Set-Aside. (Jun 2003) 52.219-8 Utilization of Small Business Concerns. (May 2004) 52.219-9 Small Business Subcontracting Plan. (Apr 2008)

52.219-14 Limitations on Subcontracting. (Dec 1996) 52.219-16 Liquidated Damages – Subcontracting Plan. (Jan 1999) 52.222-1 Notice to the Government of Labor Disputes. (Feb 1997)

52.222-3 Convict Labor. (June 2003) 52.222-21 Prohibition of Segregated Facilities. (Feb 1999) 52.222-26 Equal Opportunity. (Mar 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans. (Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities. (Jan 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans. (Sep 2006) 52.222-41 Service Contract Act of 1965, As Amended. (Nov 2007) 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment

(Multiple Year and Option Contracts). (Nov 2006) 52.223-6 Drug-Free Workplace. (May 2001) 52.223-14 Toxic Chemical Release Reporting. (Aug 2003) 52.225-13 Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-1 Authorization and Consent. (Dec 2007) 52.229-3 Federal, State, and Local Taxes. (Apr 2003) 52.232-17 Interest. (Oct 2008) 52.232-18 Availability of Funds. (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year. (Apr 1984) 52.232-23 Assignment of Claims. (Jan 1986) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts. (Oct 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration. (Oct 2003) 52.233-1 Disputes. (Jul 2002) 52.233-3 Protest After Award. (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.242-13 Bankruptcy. (Jul 1995)

52.243-1 Changes -- Fixed-Price. Alternate III (Aug 1987) 52.246-20 Warranty of Services. (May 2001) 52.246-25 Limitation of Liability – Services. (Feb 1997)

52.248-2 Value Engineering - Architect-Engineer. (Mar 1990) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (May 2004) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (Apr 1984) 52.249-7 Termination (Fixed-Price Architect-Engineer). (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service). (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991)

I.2 52.204-7 Central Contractor Registration. (Jul 2006)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.228-16 Performance and Payment Bonds - Other Than Construction. (Nov 2006) (NRCS, ND)

(a) Definitions. As used in this clause - “Original contract price” means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 10% percent of the original contract price or $15,000, whichever is more, and a payment bond (Standard Form 1416) in an amount equal to 10% percent of the original contract price or $15,000, whichever is more.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within fourteen (14) calendar days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .

I.4 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-

Engineer Services). (Aug 1998)

Any subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these subcontractors, associates, or consultants.

I.5 52.244-6 Subcontracts for Commercial Items. (Feb 2009)

(a) Definitions. As used in this clause— “Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212(a));

(v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222- 39).

(vii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(viii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. App. 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.6 52.215-19 Notification of Ownership Changes. (Oct 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Contracting Officer within 30 days.

(2) The Contractor shall also notify the Contracting Officer within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall—

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the Contracting Officer (or designated representative) ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I.7 52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through September 30, 2009.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.8 52.216-22 Indefinite Quantity. (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2009.

I.9 52.216-24 Limitation of Government Liability. (Apr 1984) (NRCS, ND)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding $200,000 (base year).

(b) The maximum amount for which the Government shall be liable if this contract is terminated will be actual Contractor costs incurred specific to contract and/or Order requirements through the date of termination.

I.10 52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within sixty

(60) days of contract termination; provided the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

I.11 AGAR 452.237-75 Restrictions Against Disclosure. (Feb 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the…