AG-7103-S-10-0011.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) J

1. SOLICITATION NO.

AG-7103-S-10-0011

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

2010/MAR/26

PAGE OF PAGES

1 123

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

384658

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 – Attn: Janet Holmes 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) (NO COLLECT CALLS)

501-301-3130 FAX: 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):

RECOVERY--REPAIR AUXILIARY SPILLWAY, OZAN CREEK SITE 11, HEMPSTEAD CO. AR

The work consists of constructing a riprap lined chute and repairing the damaged diversion and includes removing fencing, clearing, earthfill, excavation, geotextile, rock riprap, fencing and seeding and mulching.

Magnitude of Work is between $25,000 and $100,000.

This procurement is 100% set-aside for Service Disabled, Veteran Owned small business firms.

Facsimile offers will be accepted. It is the offeror’s responsibility to verify that the offer is received. Late offers due to unavailability of the facsimile may not be accepted.

There will not be a public bid opening.

See Section L for site visit information.

Interested contractors are required to assure if any amendments to this solicitation have been issued prior to submitting a quote.

11. The Contractor shall begin performance within 5_ calendar days and complete it within (See Sec_H) calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable.

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

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

NO X YES Payment protection required if offer exceeds $30,000.

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 p.m. (hour) local time APR 23, 2010 (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.

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)

AG-7103-S-10-0011 Page 1 of 123

OFFER (Must be fully completed by offeror)

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

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

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

DUNS No.

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.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

16.09.10.10F.05.ZZ.ZZZZZZZ.ZZ.053209.2591.ZZ.ZZZZZZZZ.ZZZZ

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

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

USDA – NRCS

700 West Capitol Ave., Room 3416 Little Rock, AR 72201

Phone: 501-301-3130

FAX: 501-301-3188

DISBURSING OFFICER, USDA - NRCS

700 West Capitol Ave., 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 an d deliver all items or pe rform a ll w ork, requisitions identified on this form and an y continuat ion sheets for the consideration slated in this contrac t. The rights a nd obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clause s, representations, certifications, and specifications or incorporated b y reference in or attached to this t t

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereb y accepted as to the items listed. This award consum mates the con tract, which c onsists 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

BY

31C. AWARD DATE

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

See Bidding Schedule

AG-7103-S-10-0011 Page 2 of 123

PART I – BID SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Bid Schedule

Repair Auxiliary Spillway Ozan Creek Site 11, Hempstead County, Arkansas

Item Spec Est. Est.

No. No. Description Qty. Unit Price Total

0001 8 Mobilization & Demobilization Lump Sum XXX $_______________

0002 21 Excavation, Common, Foundation 2,190 CY $__________ $_______________

0003 23 Earthfill, Compacted 300 CY $__________ $_______________

0004 62 Riprap, Rock 565 CY $__________ $_______________

0005 95 Geotextile, Non-Woven, Class I 1,260 SY $__________ $_______________

0006 92 Farm Field Fence 480 LF $__________ $_______________

0007 6 Seeding, Sprigging and Mulching 1.25 AC $__________ $_______________

TOTAL BID PRICE ITEMS 0001 – 0004 $______________________

ONE AWARD SHALL BE MADE ON THE LOW RESPONSIVE, RESPONSIBLE OFFER.

See Section L for site visit information.

OFFER SUBMISSION REQUIREMENTS:

Failure to submit all required documentation may result in the offer not being considered for award. The Offeror shall submit with the offer the following documents:

- Completed SF 1442, signed and dated

- Completed Bidding Schedule, including a unit price and extension for all line items.

- Completed Clause 52.204-8, Annual Representations and Certifications – Offerors must have completed annual Representations and Certifications in ORCA (See Page 108)

- Acknowledgement of all amendments to the solicitation, if any, by completing block 19 on the back of the SF 1442

OFFERORS MUST BE CURRENT IN THE CENTRAL CONTRACTOR REGISTRY (CCR)

(http://www.ccr.gov/) AND THE ONLINE REPRESENTATIONS AND CERTIFICATIONS (ORCA) (http://orca.bpn.gov/) TO RECEIVE A CONTRACT AWARD. FALURE TO HAVE CURRENT RECORDS

IN THESE SYSTEMS MAY RESULT IN THE OFFER NOT BEING CONSIDERED FOR AWARD.

AG-7103-S-10-0011 Page 3 of 123

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)

AG-7103-S-10-0011 Page 4 of 123

Section D Packaging and Marking

There are no clauses included in this section.

AG-7103-S-10-0011 Page 5 of 123

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.

AG-7103-S-10-0011 Page 6 of 123

(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)

AG-7103-S-10-0011 Page 7 of 123

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 52.242-17 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

AG-7103-S-10-0011 Page 8 of 123 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.4 52.249-10 Default (Fixed-Price Construction). (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 unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include -

(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 unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

AG-7103-S-10-0011 Page 9 of 123

(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 payment 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, AR 72201

Phone: 501-301-3130

AG-7103-S-10-0011 Page 11 of 123

Index

Section H Special Contract Requirements

H.1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) H.2 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) H.3 52.236-16 Quantity Surveys. (APR 1984) H.4 52.236-21 Specifications and Drawings for Construction. (FEB 1997) H.5 52.236-26 Preconstruction Conference. (FEB 1995) H.6 452.236-73 Archaeological or Historic Sites. (FEB 1988) H.7 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) H.8 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996) H.9 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts.

(NOV 1996)

H.10 452.236-76 Samples and Certificates. (FEB 1988) H.11 SCSAR 52.232-72 Other Invoicing Requirements Under Prompt Payment for Construction

Contracts (SCS, AMB)(JUL 1993) H.12 52.249-70 Time Extensions for Unusually Severe Weather (NRCS, AMB, JUL 1993) H.13 Contracting Officer for Contracts H.14 Legal Public Holidays

AG-7103-S-10-0011 Page 12 of 123

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 five calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than forty (40) calendar days. The time stated for completion includes anticipated weather delays and shall include final cleanup of the premises.

H.2 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will -

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall -

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall -

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(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H.3 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.

(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.4 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

AG-7103-S-10-0011 Page 14 of 123 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.5 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.6 452.236-73 Archaeological or Historic Sites. (FEB 1988)

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

H.7 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

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

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

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

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H.8 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

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

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

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

The maximum workweek that will be approved is six days a week, Monday through Saturday.

H.9 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts. (NOV 1996)

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

H.10 452.236-76 Samples and Certificates. (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative.

Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

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

H.11 SCSAR 52.232-72 OTHER INVOICING REQUIREMENTS UNDER PROMPT PAYMENT FOR

CONSTRUCTION CONTRACTS (SCS, AMB)(JUL 1993)

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

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

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

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

(i) A complete remittance address along with vendor identification number.

(ii) Billing period.

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

(iv) Itemization of payment requests by contract item number (CIN) as shown in Section B of the contract. Invoice will include the quantity performed that is being invoiced, the unit price and the CIN total price, and a sum total of amount of

AG-7103-S-10-0011 Page 16 of 123 payment requested. Invoice will also include the cumulative quantities and amount by CIN.

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

(vi) A copy of the payrolls and statements of compliance not previously submitted to cover the billing period.

(c) The FINAL invoice billing shall also contain the following RELEASE OF CLAIMS statement as required by FAR CLAUSE 52.232-5, Payments Under Fixed-Price Construction Contracts:

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

(Date of Release) (Signature of Contractor)

H.12 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:

(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 SIX (6) 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).

H.13 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.

(End of Clause)

H.14 LEGAL PUBLIC HOLIDAYS

The Contractor or employees will not normally work during legal public holidays. The Government will not pay for services performed on these holidays unless approval has been received from the Contracting Officer. The Contractor shall observe the same holidays observed by the Government, which are:

New Year’s Day Martin Luther King’s Birthday

AG-7103-S-10-0011 Page 17 of 123

President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Tha nksgiving Day Christmas Day

AG-7103-S-10-0011 Page 18 of 123

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 52.203-10 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 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009. (Mar 2009) I.10 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.11 52.204-7 Central Contractor Registration. (APR 2008) I.12 52.204-10 Reporting Subcontract Awards. (SEP 2007) I.13 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. (Mar 2009) I.14 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

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

(OCT 1997)

I.17 52.214-28 Subcontractor Cost or Pricing Data - Modifications - Sealed Bidding. (OCT 1997) I.18 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986) I.19 52.219-14 Limitations on Subcontracting. (DEC 1996) I.20 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(MAY 2004)

I.21 52.219-28 Post-Award Small Business Program Representation. (June 2007) I.22 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) I.23 52.222-2 Payment for Overtime Premiums. (JUL 1990) I.24 52.222-3 Convict Labor. (JUN 2003) I.25 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation.

(JUL 2005)

I.26 52.222-6 Davis-Bacon Act. (JUL 2005) I.27 52.222-7 Withholding of Funds. (FEB 1988) I.28 52.222-8 Payrolls and Basic Records. (FEB 1988) I.29 52.222-9 Apprentices and Trainees. (JUL 2005) I.30 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.31 52.222-11 Subcontracts (Labor Standards). (JUL 2005) I.32 52.222-12 Contract Termination - Debarment. (FEB 1988) I.33 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) I.34 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.35 52.222-15 Certification of Eligibility. (FEB 1988) I.36 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) I.37 52.222-26 Equal Opportunity. (MAR 2007) I.38 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) I.39 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans. (SEP 2006) I.40 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998) I.41 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006) I.42 52.222-50 Combating Trafficking in Persons. (FEB 2009) I.43 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

AG-7103-S-10-0011 Page 19 of 123

I.44 52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) -- Alternate I (Aug 2003)

I.45 52.223-6 Drug-Free Workplace. (MAY 2001) I.46 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) I.47 52.224-1 Privacy Act Notification. (APR 1984) I.48 52.224-2 Privacy Act. (APR 1984) I.49 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy

American Act--Construction Materials. (Mar 2009) I.50 52.227-1 Authorization and Consent. (DEC 2007) I.51 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) I.52 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) I.53 52.228-2 Additional Bond Security. (OCT 1997) I.54 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I.55 52.228-11 Pledges of Assets. (SEP 2009) I.56 52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995) I.57 52.228-13 Alternative Payment Protections. (JUL 2000) I.58 52.228-14 Irrevocable Letter of Credit. (DEC 1999) I.59 52.228-15 Performance and Payment Bonds - Construction. (NOV 2006) I.60 52.229-3 Federal, State, and Local Taxes. (APR 2003) I.61 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) I.62 52.232-17 Interest. (OCT 2008) I.63 52.232-23 Assignment of Claims. (JAN 1986) - Alternate I (APR 1984) I.64 52.232-27 Prompt Payment for Construction Contracts. (OCT 2008) I.65 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) I.66 52.233-1 Disputes. (JUL 2002) I.67 52.233-3 Protest after Award. (AUG 1996) I.68 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.69 52.236-1 Performance of Work by the Contractor. (SEP 2006) I.70 52.236-2 Differing Site Conditions. (APR 1984) I.71 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.72 52.236-5 Material and Workmanship. (APR 1984) I.73 52.236-6 Superintendence by the Contractor. (APR 1984) I.74 52.236-7 Permits and Responsibilities. (NOV 1991) I.75 52.236-8 Other Contracts. (APR 1984) I.76 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

I.77 52.236-10 Operations and Storage Areas. (APR 1984) I.78 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.79 52.236-12 Cleaning Up. (APR 1984) I.80 52.236-15 Schedules for Construction Contracts. (APR 1984) I.81 52.236-17 Layout of Work. (APR 1984) I.82 52.239-1 Privacy or Security Safeguards. (AUG 1996) I.83 52.242-13 Bankruptcy. (JUL 1995) I.84 52.243-4 Changes. (JUN 2007) I.85 52.244-2 Subcontracts. (JUN 2007) I.86 52.244-6 Subcontracts for Commercial Items. (AUG 2009) I.87 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) –

Alternate I (SEP 1996) I.88 52.253-1 Computer Generated Forms. (JAN 1991)

AG-7103-S-10-0011 Page 20 of 123

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 the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

I.2 52.203-3 Gratuities. (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative -

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled -

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

I.3 52.203-5 Covenant Against Contingent Fees. (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or

AG-7103-S-10-0011 Page 21 of 123 violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

I.4 52.203-7 Anti-Kickback Procedures. (JUL 1995)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract..

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer,…