AG-7103-S-09-0013.pdf

A pre-proposal conference will be held March 24, 2009, at 10:00 a.m. to discuss the requirements of this solicitation. The conference will be held at

USDA – Natural Resources Conservation Service (NRCS)

Federal Building, Room 4507

700 West Capitol Avenue

Little Rock, Arkansas 72201

Minutes to this meeting will be available on the Federal Business Opportunities web site.

Attendance is encouraged but not mandatory.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) J

1. SOLICITATION NO.

AG-7103-S-09-0013

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

2009/MAR/16

PAGE OF PAGES

1 187

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

254312

6. PROJECT NO.

N/A

7. ISSUED BY CODE 8. ADDRESS OFFER TO

(Street Address)

USDA-NRCS

Federal Building, Room 5202 700 West Capitol Avenue Little Rock, AR 72201

(Mailing Address)

USDA-NRCS

Federal Building, Room 3416 700 West Capitol Avenue Little Rock, AR 72201

9. FOR INFORMATION

CALL:

A. NAME: Janet Holmes E-Mail: janet.holmes@ar.usda.gov

B. TELEPHONE NO. (Include area code) FAX No.

501-301-3130 501-301-3188

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):

Multiple Award, Indefinite Delivery, Indefinite Quantity (IDIQ)

Task Order Contracts in support of Natural Resources Conservation Service (NRCS) Programs throughout the State of Arkansas

Up to six (6) IDIQ contracts will be awarded in support of Natural Resources Conservation Service (NRCS) programs throughout the State of Arkansas. Individual projects located within the Arkansas state boundaries will be competed as competitive negotiations among the awarded contractors. The contracts will primarily be used for the Wetland Reserve Program (WRP) projects. These projects generally include hydrology and vegetative restoration. Examples of projects include construction of earthen dikes or levees, water control structures, rock riprap water control structures, earthwork activities to construct micro-topographical features, tree planting site preparation and tree planting, seed bed preparation and planting of native grasses.

This procurement is set-aside for up to three (3) awards to a HUB-Zone small business firm(s); up to one (1) award to a service disabled veteran owned small business firm; and up to two (2) awards on an unrestricted basis. The contracts will be awarded for a one year period. The not-to-exceed contract value for each contract is $750,000. The guaranteed minimum amount for the program is $5,000. If no task order awards are made to any of the awarded contractors, the guaranteed minimum will be divided equally among the awarded contractors. Individual projects located within the Arkansas state boundaries will be competed as competitive negotiations among the awarded contractors.

11. The Contractor shall begin performance within * calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (*as stated in each order)

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 * See Section L for bonding requirements

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 2:00 p.m. (hour) local time _April 15, 2009_ (date). 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.

B. An offer guarantee is, is not required for the sample project. See Section L for offer submission requirements and for task order guarantee and bonding requirements.

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)

Page 1 of 187 Solicitation No. AG-7103-S-09-0013

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)

DUNS No. ___________________________________________

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

17. 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.

As stated on each task order.

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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT

TO 10 U.S.C. 2304(c)( 5 ) 15 U.S.C. 637(a)

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

USDA – NRCS Arkansas Phone: 501-301-3130 700 West Capitol Avenue, Room 3416 Fax: 501-301-3188 Little Rock, AR 72201

USDA – NRCS Arkansas 700 West Capitol Avenue, Room 3416 Little Rock, AR 72201

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) JANET I. HOLMES janet.holmes@ar.usda.gov

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE

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

Page 2 of 187 Solicitation No. AG-7103-S-09-0013

PART I – PROGRAM SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Contract Bid Schedule

Multiple Award, Indefinite Delivery, Indefinite Quantity (IDIQ) Contract in support of Natural Resources Conservation Service (NRCS) Programs throughout the State of Arkansas

Item Not-To-Exceed No. Description Amount

0001 Contract capacity for a one year period $750,000 in support of NRCS Programs throughout the State of Arkansas

Up to six (6) contract awards will be made. Task Orders will be competitively bid among the six awarded contractors. Award of a contract does not guarantee that a task order will be awarded to the contractor.

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Section C

Description/Specifications

C.1 452.211-72 Statement of Work/Specifications. (FEB 1988)

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

(End of Clause)

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

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

(End of Clause)

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Section D Packaging and Marking

Not used.

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Section E Inspection and Acceptance

E.1 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

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Section F Deliveries or Performance

F.1 52.211-18 Variation in Estimated Quantity. (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

F.2 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 that 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.3 52.249-10 Default (Fixed-Price Construction). (APR 1984) - Alternate II (APR 1984)

(a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.

(b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if -

(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include -

Page 7 of 187 Solicitation No. AG-7103-S-09-0013

(i) Acts of God or of the public enemy,

(ii) Acts of the Government in either its sovereign or contractual capacity,

(iii) Acts of another Contractor in the performance of a contract with the Government,

(iv) Fires,

(v) Floods,

(vi) Epidemics,

(vii) Quarantine restrictions,

(viii) Strikes,

(ix) Freight embargoes,

(x) Unusually severe weather, or

(xi) Delays of subcontractors or suppliers at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers;

and

(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.

(c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.

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

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Section G Contract Administration Data

G.1 SCSAR 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT (SCS, AMB, AUG 1989)

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

Janet I. Holmes

USDA-NRCS

Federal Building, Room 3416 700 West Capitol Avenue Little Rock, Arkansas 72201

Phone: (501) 301-3130

Page 9 of 187 Solicitation No. AG-7103-S-09-0013

Index Section H

Special Contract Requirements

H.1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) H.2 52.215-5 Facsimile Proposals (Oct 1997) (for task orders only) H.3 52.236-4 Physical Data. (APR 1984) H.4 52.236-16 Quantity Surveys. (APR 1984) H.5 52.236-21 Specifications and Drawings for Construction. (FEB 1997) H.6 52.236-26 Preconstruction Conference. (FEB 1995) H.7 SCSAR 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NRCS, AMB, JUL 1993)

H.8 CONTRACTING OFFICER FOR CONTRACTS

H.9 TASK ORDER CONTRACT OMBUDSMAN

H.10 PAYROLLS

H.11 ORDERING OFFICER

H.12 CONTRACTING OFFICER REPRESENTATIVE (COR)

H.13 ORDERING PROCEDURES FOR TASK ORDERS

H.14 COMMENCEMENT OF CONTRACT MOBILIZATION/WORK

H.15 COMMENCEMENT OF TASK ORDER MOBILIZATION/WORK

H.16 PRE-CONSTRUCTION CONFERENCE

H.17 SCHEDULING WORK

H.18 CONSTRUCTION SITE MAINTENANCE

H.19 NOISE CONTROL

H.20 PERMITS AND APPROVALS

H.21 FIRM-FIXED PRICE (FFP) TASK ORDER

H.22 BONDS

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Section H Special Contract Requirements

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

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

H.2 52.215-5 Facsimile Proposals (Oct 1997) (for task orders only)

(a) Definition.

Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 501-301-3188.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document --

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision)

H.3 52.236-4 Physical Data. (APR 1984)

Data and information furnished in each task order 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. The indications of physical conditions on the drawings and in the specifications are the result of site investigations, and may include:

(a) Weather conditions.

(b) Transportation facilities.

(c) Other.

H.4 52.236-16 Quantity Surveys. (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

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(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

H.5 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor.

H.6 52.236-26 Preconstruction Conference. (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

H.7 SCSAR 4I-52.249-70 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NRCS, AMB, JUL 1993)

(a) This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Clause entitled, DEFAULT (FIXED PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

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

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

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly time evaluations.

The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON FIVE (5) DAY WORK WEEK

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

(15) (12) (9) (5) (5) (5) (4) (3) (2) (3) (8) (15)

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on contract activities for fifty (50) percent or more of the Contractor's scheduled work day. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number anticipated in paragraph b, above, the contractor may submit a written request for a modification for an extension of performance time due to unusually severe weather. The Contracting Officer will convert qualifying delays to calendar days, giving full consideration for equivalent fair weather days, and issue a modification in accordance with FAR clause 52.249.10, DEFAULT (FIXED-PRICE CONSTRUCTION).

(End of Clause)

H.8 CONTRACTING OFFICER FOR CONTRACTS

The Contracting Officer who signs this contract will be the primary Contracting Officer on this contract. However, any Contracting Officer assigned to Arkansas NRCS and acting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is away from the office.

H.9 TASK ORDER CONTRACT OMBUDSMAN

a. FAR 16.505((b)(6) states “The head of the agency shall designate a task order contract and delivery order contract ombudsman who shall be responsible for reviewing complaints from contractors on task order contracts and delivery order contracts. The ombudsman shall review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman shall be a senior agency official who is independent of the contracting officer and may be the agency's competition advocate.”

b. For NRCS the ombudsman is the Head of the Contracting Activity, 1400 Independence Avenue, SW, Washington, DC 20250.

H.10 PAYROLLS

a. A certified copy of all payrolls shall be submitted to the Ordering Officer or COR on a weekly basis when the contractor is performing work on a task order.

b. The contractor shall be responsible for the submission of certified copies of the payrolls for all subcontractors.

H.11 ORDERING OFFICER

There will be no Ordering Officer assigned to this contract. Only a warranted contracting officer is authorized to issue task orders.

H.12 CONTRACTING OFFICER REPRESENTATIVE (COR)

The Contracting Officer Representative (COR) for each task order will be designated by letter at time of task order award.

H.13 ORDERING PROCEDURES FOR TASK ORDERS

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a. More than one contract (but no more than six contracts) is anticipated on being awarded for the same services as this contract.

Each contractor will be afforded a fair opportunity to be considered for each task order in excess of $5,000.

b. If the Contractor believes he/she was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the NRCS Ombudsman.

The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the task order.

c. As the need exists for performance under the terms of this contract, the Contracting Officer or his/her authorized representative will notify the Contractor(s), via fax, email, or telephone of an existing requirement. A Request for Bid (RFB) will be issued to selected/all multiple contract contractors, with the scope of work and all attachments (i.e., drawings, list of specifications); and a date, time and location for the offer to be due. A site visit may be held for contractors to view the site. A bid guarantee is required for offers in response to a RFB if the offer price is greater than $100,000. Task Order award will be made to the responsive, responsible bidder whose offer will be most advantageous to the Government. In selecting a contractor for task orders, evaluation factors are significantly less important than cost or price. Evaluation factors for selecting a contractor for task orders are listed in descending order of importance: (1) performance on task orders awarded under this program, and (2) contractor capacity. All contractors submitting offers will be notified when an award is made.

d. It should be realized by the Contractor that unforeseen circumstances may prohibit the Government from issuing a task order even after the receipt of the Contractor's bid; or after the task order bids have been opened. If such circumstances arise, the Government is not obligated to reimburse the Contractor for any costs incurred in the preparation of the task order bid, site visit or related expenses.

e. If awarded a task order, a payment bond will be required for task orders greater than $30,000 and, in addition, a performance bond will be required for task orders greater than $100,000.

H.14 COMMENCEMENT OF CONTRACT MOBILIZATION/WORK

The Contractor shall commence any mobilization and familiarization activities prior to actual work on individual task orders as soon after contract award as practicable. The contractor shall be able to perform site visits and submit bids within ten (10) calendar days after contract award. The Contractor shall be fully operational and capable of immediately starting physical work on any task order within 30 calendar days after contract award.

H.15 COMMENCEMENT OF TASK ORDER MOBILIZATION/WORK

a. WITHIN 5 CALENDAR DAYS UPON NOTIFICATION OF AWARD OF A TASK ORDER, THE CONTRACTOR SHALL:

Submit Performance Bonds and/or Payment Bonds (if required) to the Contracting Officer (See Section 00700).

b. WITHIN 5 WORKING DAYS OF ACCEPTANCE OF PERFORMANCE AND PAYMENT BONDS THE CONTRACTOR SHALL: Meet with the Contracting Officer's authorized representative for the pre-construction conference.

c. WITHIN 30 CALENDAR DAYS OF AWARD THE CONTRACTOR SHALL: Be fully operational and capable of immediately starting physical work on any required task orders.

H.16 PRE-CONSTRUCTION CONFERENCE

a. Initial Conference. When determined appropriate by the Contracting Officer, before the issuance of the first task order under the contract, a conference will be conducted by the Contracting Officer's Representative to acquaint the Contractor(s) with Government policies and procedures that are to be observed during the prosecution of the work and to develop a mutual understanding relative to the administration of the contract.

(1) Authority of the Contracting Officer’s Representative and the landowner.

(2) Contractor's Environmental Protection Plan.

(3) Contractor’s Quality Control Plan.

(4) Contractor's Safety Program.

(5) Correspondence Procedures.

(6) Contractor's Labor Standard Provisions.

(7) Contractor's Plan of Operations.

(8) Contract Modifications and Administrative Procedures.

(9) Payment Estimate Data and Procedures.

Page 14 of 187 Solicitation No. AG-7103-S-09-0013

(10) Contractor Utilities.

(11) Contractor's Insurance Requirements.

b. Individual Task Order Conferences. Conferences will be held on all task orders except those deemed not necessary by the Contracting Officer's Representative.

NOTE: The plans required for items (2), (3) and (4) are required to be submitted with the offer for evaluation. A plan addendum for a specific task order may be required for approval prior to starting to work on a task order. Construction work will not proceed until task order requirements for plan addendums have been approved by the Contracting Officer or authorized representative.

H.17 SCHEDULING WORK

a. Before commencement of work under a task order, the Contractor shall confer with the Contracting Officer or authorized representative and agree on a sequence of procedures; means of access to property; space for storage of materials and equipment;

delivery of materials and use of approach; eating spaces, and restrooms for Contractor's employees, etc. A pre-construction conference may be scheduled at the discretion of the Contracting Officer or authorized representative.

b. Most work will be performed on private property. The contractor shall not take direction from the landowner. If approached by the landowner, the contractor should contact the Contracting Officer or authorized representative for the appropriate course of action.

H.18 CONSTRUCTION SITE MAINTENANCE

The Contractor shall store all supplies and equipment at the location designated for the Contractor's Management Office or at a location designated by/coordinated with the Contracting Officer's Representative so as to preclude mechanical and climatic damage.

The site shall be maintained in a neat and orderly manner.

H.19 NOISE CONTROL

The Contractor shall comply with all applicable federal, state, and local laws, ordinances, and regulations relative to noise control.

H.20 PERMITS AND APPROVALS

a. The contractor shall, at his own expense, obtain all necessary permits, licenses, and approvals as required by Federal, state, local laws, and installation regulations.

b. The Government will not be responsible in any way for damage occasioned by fire, theft, accident, or otherwise to the contractor's (or employees') personal belongings, stored supplies, materials, equipment, supplies, or materials.

H.21 FIRM-FIXED PRICE (FFP) TASK ORDER

a. A firm-fixed price (FFP) task order provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the task order, except where unit price line items are used in a firm fixed priced task order, which are subject to actual work in place adjustments.

b. The Contractor shall review the scopes of work for completeness/biddability and then provide a proposal for the work.

H.22 BONDS

a. Bonds listed below is required when the offer amount exceeds $30,000. The name and business address of the surety shown on the executed bond forms submitted in response to this solicitation must be the same as the name and business address listed for the surety in Department of Treasury Circular 570. Any offeror required to furnish a bond has an option to furnish such bond in the form of a firm commitment with good and sufficient surety or sureties acceptable to the Government, such as Standard Form 24 (for Bid Bond); Standard Form 25 (for Performance Bond); Standard Form 25-A (for Payment Bond); postal money order, certified check, cashier's check, bank draft, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

b. Bid Bonds (Required for offers greater than $100,000.) - Original Bid Bonds, with signatures, must be submitted at the time the offer is due. Each offeror shall submit with the offer a Bid Bond on Standard Form 24 with good and sufficient surety or sureties

Page 15 of 187 Solicitation No. AG-7103-S-09-0013 acceptable to the Government, or other security as provided in Section L, BID GUARANTEE, for twenty (20%) percent of the price submitted for the project.

c. Performance and Payment Bonds (Payment bond required for task orders greater than $30,000 and, in addition, a performance bond is required for task orders greater than $100,000.) Within five (5) days after notification of award of the contract, the contractor shall execute and furnish bonding, if required, each with good and sufficient surety or sureties acceptable to the Government, namely a performance bond and a payment bond. (Standard Form 25, Performance Bond, and Standard Form 25-A, Payment Bond) Any bonds furnished shall be furnished by the Contractor to the Government prior to commencement of contract performance. The penal sums of such bonds will be as follows:

(1) Initial Performance and Payment Bonds. The penal sum of the performance bond shall equal 100% of the amount of the offer.

(2) Additional Performance and Payment Bonds. Additional Performance Bonds may be requested by the Contracting Officer in increments as required by increases to the task order.

FAILURE TO INCLUDE BID BOND OR OTHER BID SECURITY AT TIME OF RECEIPT OF AN OFFER MAY BE CAUSE FOR REJECTION OF THE OFFER AS NONRESPONSIVE. LATE BOND OR OTHER SECURITY WILL BE TREATED IN THE SAME MANNER AS PROVIDED IN THIS RFP FOR LATE BIDS. FACSIMILE/ELECTRONIC BONDS ARE NOT

ACCEPTABLE.

Page 16 of 187 Solicitation No. AG-7103-S-09-0013

Index Section I

Contract Clauses

I.1 52.202-1 Definitions. (JUL 2004) I.2 52.203-3 Gratuities. (APR 1984) I.3 52.203-5 Covenant Against Contingent Fees. (APR 1984) I.4 52.203-7 Anti-Kickback Procedures. (JUL 1995) I.5 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) I.6 52.203-1 0 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) I.7 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007) I.8 52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008) I.9 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.10 52.204-7 Central Contractor Registration. (APR 2008) I.11 52.204-10 Reporting Subcontract Awards. (SEP 2007) I.12 52.208-8 Required Sources for Helium and Helium Usage Data. (APR 2002) I.13 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) I.14 52.214-26 Audit and Records - Sealed Bidding. (OCT 1997) I.15 52.214-27 Price Reduction for Defective Cost or Pricing Data - Modifications - Sealed Bidding. (OCT 1997) I.16 52.214-28 Subcontractor Cost or Pricing Data - Modifications - Sealed Bidding. (OCT 1997) I.17 52.214-34 Submission of Offers in the English Language. (APR 1991) I.18 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) I.19 52.215-2 Audit and Records - Negotiation. (JUN 1999) I.20 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) I.21 52.215-10 Price Reduction for Defective Cost or Pricing Data. (OCT 1997) I.22 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications. (OCT 1997) I.23 52.215-12 Subcontractor Cost or Pricing Data. (OCT 1997) I.24 52.215-13 Subcontractor Cost or Pricing Data - Modifications. (OCT 1997) I.25 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. (JUL 2005) I.26 52.215-19 Notification of Ownership Changes. (OCT 1997) I.27 52.216-18 Ordering. (OCT 1995) I.28 52.216-19 Order Limitations. (OCT 1995) I.29 52.216-22 Indefinite Quantity. (OCT 1995) I.30 52.216-24 Limitation of Government Liability. (APR 1984) I.31 52.219-3 Notice of Total HUBZone Set-Aside. (JAN 1999) I.32 52.219-14 Limitations on Subcontracting. (DEC 1996) I.33 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (MAY 2004) I.34 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) I.35 52.222-2 Payment for Overtime Premiums. (JUL 1990) I.36 52.222-3 Convict Labor. (JUN 2003) I.37 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005) I.38 52.222-6 Davis-Bacon Act. (JUL 2005) I.39 52.222-7 Withholding of Funds. (FEB 1988) I.40 52.222-8 Payrolls and Basic Records. (FEB 1988) I.41 52.222-9 Apprentices and Trainees. (JUL 2005) I.42 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.43 52.222-11 Subcontracts (Labor Standards). (JUL 2005) I.44 52.222-12 Contract Termination - Debarment. (FEB 1988) I.45 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) I.46 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.47 52.222-15 Certification of Eligibility. (FEB 1988) I.48 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) I.49 52.222-26 Equal Opportunity. (MAR 2007) I.50 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

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I.51 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998) I.52 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006) I.53 52.222-50 Combating Trafficking in Persons. (AUG 2007) I.54 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) I.55 52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) I.56 52.223-6 Drug-Free Workplace. (MAY 2001) I.57 52.223-7 Notice of Radioactive Materials. (JAN 1997) I.58 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) I.59 52.224-1 Privacy Act Notification. (APR 1984) I.60 52.224-2 Privacy Act (APR 1984) I.61 52.225-9 Buy American Act - Construction Materials. (JAN 2005) I.62 52.225-10 Notice of Buy American Act Requirement - Construction Materials. (MAY 2002) I.63 52.225-11 Buy American Act - Construction Materials under Trade Agreements. (AUG 2007) I.64 52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements. (JAN 2005) I.65 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) I.66 52.227-1 Authorization and Consent. (DEC 2007) I.67 52.228-2 Additional Bond Security. (OCT 1997) I.68 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I.69 52.228-11 Pledges of Assets. (FEB 1992) I.70 52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995) I.71 52.228-13 Alternative Payment Protections. (JUL 2000) I.72 52.228-14 Irrevocable Letter of Credit. (DEC 1999) I.73 52.228-15 Performance and Payment Bonds - Construction. (NOV 2006) I.74 52.229-3 Federal, State, and Local Taxes. (APR 2003) I.75 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) I.76 52.232-17 Interest. (OCT 2008) I.77 52.232-23 Assignment of Claims. (JAN 1986) - Alternate I (APR 1984) I.78 52.232-27 Prompt Payment For Construction Contracts. (OCT 2008) I.79 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) I.80 52.233-1 Disputes. (JUL 2002) I.81 52.233-3 Protest after Award. (AUG 1996) I.82 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.83 52.236-1 Performance of Work by the Contractor. (SEP 2006) I.84 52.236-2 Differing Site Conditions. (APR 1984) I.85 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.86 52.236-5 Material and Workmanship. (APR 1984) I.87 52.236-6 Superintendence by the Contractor. (APR 1984) I.88 52.236-7 Permits and Responsibilities. (NOV 1991) I.89 52.236-8 Other Contracts. (APR 1984) I.90 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.91 52.236-10 Operations and Storage Areas. (APR 1984) I.92 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.93 52.236-12 Cleaning Up. (APR 1984) I.94 52.236-13 Accident Prevention. (NOV 1991) I.95 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) I.96 52.236-15 Schedules for Construction Contracts. (APR 1984) I.97 52.236-17 Layout of Work. (APR 1984) I.98 52.242-13 Bankruptcy. (JUL 1995) I.99 52.243-4 Changes. (JUN 2007) I.100 52.243-5 Changes and Changed Conditions. (APR 1984) I.101 52.244-2 Subcontracts. (JUN 2007) I.102 52.244-6 Subcontracts for Commercial Items. (DEC 2008) I.103 52.248-3 Value Engineering - Construction. (SEP 2006) - Alternate I (APR 1984) I.104 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) I.105 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) - Alternate I (SEP 1996) I.106 52.253-1 Computer Generated Forms. (JAN 1991)

Page 18 of 187 Solicitation No. AG-7103-S-09-0013

Section I Contract Clauses

I.1 52.202-1 Definitions. (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time…