S01 - 12FPC120Q0021.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

993731

FPAC BUS CNTR-ACQ DIV-OPS BRANCH-SE

1400 INDEPENDENCE AVE SW, RM 6801-S

WASHINGTON DC 20250

FPAC-HQ-12FPC1

Email to: julie.simpson@usda.gov

JULIE SIMPSON 816-926-1200

105/26/2020

12FPC120Q0021

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

The United States Department of Agriculture (USDA) Natural Resources Conservation

Service (NRCS) in Vermont has a requirement for Wetlands Restoration for one property located in the Town of West Rutland, Vermont. Requirements for this purchase are detailed below, in the attached statement of work and the attachments listed in Section J of this document.

A site visit will be held on June 8, 2020 at 9 AM EST. Interested parties should

RSVP to James Eikenberry at (802) 449-7255 or james.eikenberry@usda.gov by June 5, 2020 at 12:00 PM EST.

Directions to the site are as follows: From Route 4A in West Rutland, head north on

Whipple Hollow Road for approximately 3.7 miles and turn right on a gravel driveway

(shared with Vermont Hydroponic Produce. The project area is located south and east of this driveway). Participants will meet at the access road for 3776 Whipple

Hollow Road, West Rutland (Florence), VT. Pull into the access road and park on the right and assure not to block the entrance to the hemp farm.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 365 calendar days and complete it within ________________ ________________ calendar days after receiving

See Section F

06/19/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

CST

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FPAC Business Center Operations Branch

Beacon Facility - Mail Stop 1108

KANSAS CITY MO 64141-6205

FPAC-HQ-APD-KC

JULIE M. SIMPSON

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 52

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12FPC120Q0021

Wetlands Restoration - Construction - Roche

Property - West Rutland, Vermont

Delivery: 06/24/2021

Delivery Location Code: NRCS-VT-121644

USDA-NRCS-VERMONT STATE OFFICE

356 MOUNTAIN VIEW DR., STE. 105

COLCHESTER VT 5446 US

Period of Performance: 06/26/2020 to 06/25/2021

0001 The Contractor shall follow the Statement of

Work, engineering designs, applicable Federal, State, and Local regulations and permits, and

NRCS conservation practice standards and specifications to provide Wetlands Restoration and related conservation practices for this easement property in the Town of West Rutland, VT. The services entail the following:

Wetlands Restoration (657) - restore wetlands hydrology and topography within targeted areas identified in NRCS designs, specifications, and maps.

Critical Area Planting (342) - seeding a conservation mix to disturbed soils after earth moving work is completed.

Mulching (484) - applying plant residues or other suitable material to facilitate seeded Critical

Area Planting establishment.

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

Sponsored by GSA

FAR (48 CFR) 53.110

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

Wetlands Restoration - Construction

FOR SOLICITATION INFORMATION: Julie Simpson

(816) 926-1200 Julie.simpson@usda.gov

OFFER DUE DATE/LOCAL TIME: June 19, 2020

12:00 PM CST

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A Solicitation/Contract Form

A.1 SF 1442 – to be provided upon award

A. 2 Department/Agency

A.2.1 United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation (FPAC) Business Center Acquisition Division Section 1 - Operations Branch

A.4 Contracting Officer

A.4.1 Julie Simpson, email: julie.simpson@usda.gov Phone: 816-926-1200

A.4.2 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.3 A Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office/Contracting Officer’s Representative

A.5.1 Natural Resources Conservation Service (NRCS) Vermont State Office

A.5.2 Contracting Officer’s Representative (COR)

A.5.2.1 James Eikenberry, email: james.eikenberry@usda.gov Phone: (802) 449-7255

A.5.2.2 The COR is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO in the COR’s appointment letter.

This letter specifies the extent of the COR’s authority to act on behalf of the CO. If the contractor does not receive a copy of the COR appointment letter, the contractor is required to request a copy of it from the CO prior to commencing work. Individuals not designated in writing as a COR by the CO are not considered a COR and do not have the authority delegated to the COR. If the contractor considers any action or inaction by a COR, any other government employee (such as an inspector), or representative or agent of the government as a change to the contract terms and conditions they must notify the mailto:julie.simpson@usda.gov

2 | P a g e contracting officer immediately and not proceed with any such change until approved by the contracting officer.

End of Section

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B SF 1442 Prices/Costs

B.1 Contract Type

B.1.1 Construction Order

B.1.2 Fixed Price

B.2 Pricing

B.2.1 The estimated cost for this project is between $25,000 and $100,000.

B.2.2 The fixed not-to-exceed price for the entire order is $____________. (To be provided upon award)

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C Statement of Work

C.1 Background

C.1.1 The United States Department of Agriculture (USDA) Natural Resources Conservation Service

(NRCS) in Vermont has a requirement for Wetlands Restoration for one property located in the Town of West Rutland, Vermont. Requirements for this purchase are detailed below and the attachments listed in Section J of this document.

C.1.2 USDA NRCS has authority to administer voluntary conservation easement programs. The property involved with this requirement is enrolled in the Agricultural Conservation Easement Program Wetland Reserve Easement component (ACEP-WRE). The Federal government has an in-perpetuity obligation to manage these lands as restored wetlands and wildlife habitat.

C.2 Scope

C.2.1 The Contractor shall follow the Statement of Work, engineering designs, applicable Federal, State, and Local regulations and permits, and NRCS conservation practice standards and specifications to provide Wetlands Restoration and related conservation practices for this easement property in the Town of West Rutland, VT. The services entail the following:

C.2.1.1 Wetlands Restoration (657) – restore wetlands hydrology and topography within targeted areas identified in NRCS designs, specifications, and maps.

C.2.1.2 Critical Area Planting (342) – seeding a conservation mix to disturbed soils after earth moving work is completed.

C.2.1.3 Mulching (484) – applying plant residues or other suitable material to facilitate seeded

Critical Area Planting establishment.

C.2.2 The NAICS code for this requirement is 237990 – Other Heavy and Civil Engineering

Construction.

C.3 Standards and Responsibilities

C.3.1 The Contractor shall follow the Statement of Work, engineering designs, applicable Federal, State, and Local regulations and permits, and NRCS conservation practice standards and specifications to provide Wetlands Restoration and related conservation practices services.

C.3.2 The individual Conservation Practice Standards and Specifications can be found at https://efotg.sc.egov.usda.gov/#/details. At this website link one needs to select the State of Vermont, then Section IV, then Conservation Practice Standards & Support Documents, then Old Section IV, then select the specific practice of interest.

C.3.2.1 Other specifications specific to this contracted work are listed in Section C.5., Description of Services of this Statement of Work.

https://efotg.sc.egov.usda.gov/#/details

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C.3.3 There are several attachments for this requirement. Please refer to Section J for details on these attachments.

C.3.4 The Contractor shall carry out activities during appropriate weather conditions to avoid damaging the property.

C.3.5 The Contractor will not deviate from the engineering design without prior approval from the

Contracting Officer or their designated Contracting Officer Representative.

C.3.6 Additional cultural resources review will be required if the location, depth or extent of any practice changes, if access roads, borrow or spoil areas are needed, or if unexpected archeological deposits or human remains, including historic burials, are exposed during construction.

C.3.7 The Contractor will attend the pre-construction meetings with the NRCS representative(s). The discussions and decisions shall be documented by the NRCS and the Contractor.

C.3.8 The Contractor will effectively communicate to NRCS the status of the Wetlands Restoration

Services, beginning with the start of the first practice and through to completion. The contractor must notify the NRCS Inspector at least 48 hours before proceeding with the wetland’s restoration earthwork.

C.3.9 The Contractor will communicate scheduling conflicts ahead of time. Any changes or modifications to the wetland’s restoration will be communicated to and approved by the Contracting Officer.

C.3.10 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Contract. The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this Contract, unless issued in writing and signed by the Contracting Officer. In the event the Contractor effects any change at the discretion of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any cost increase incurred as a result thereof.

C.3.11 The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the performance of the Work; and (6) all conditions related to site access, required permits, utilities coordination, and government requirements.

C.3.12 The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the government, as well as from the Drawings and Specifications made a part of the Contract. Any failure of the Contractor to take the actions described and acknowledged in this

6 | P a g e paragraph shall not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the Government.

C.3.13 The Contractor is solely responsible for any conclusions or interpretations made by the Contractor based on the information made available by the “USDA.” The government assumes no responsibility for, and Contractor is solely responsible for, any understanding based upon, any representation made by any government officers or agents before the execution of the Contract, unless that understanding, or representation is expressly stated in the Contract.

C.4 Government Furnished Information and/or Services

C.4.1 The Government will stake and/or flag out locations and excavation depths for planned practices.

C.4.2 The Government will have an Inspector onsite periodically throughout construction to answer

Contractor questions and inspect construction progress.

C.4.3 The Government will have an Inspector review completed construction work and determine if it meets the engineering designs and NRCS standards and specifications.

C.5 Description of Services

C.5.1 Wetlands Restoration (657)

C.5.1.1 Natural wetlands hydrology will be restored by restoring topography onsite, including filling in an old ditch, creating wetlands depressions and hummocks, and installing woody debris.

C.5.1.2 Conservation Practice Standard for Wetlands Restoration is found here:

https://efotg.sc.egov.usda.gov/references/public/VT/VT657_(1Col).pdf

C.5.2 Critical Area Planting (342)

C.5.2.1 Establishing non-invasive herbaceous vegetation to stabilize excavated soils.

C.5.2.2 Conservation Practice Standard for Critical Area Planting is found here:

https://efotg.sc.egov.usda.gov/references/public/VT/VT342.pdf

C.5.3 Mulching (484)

C.5.3.1 Mulch seed to increase germination and survivability rates of herbaceous vegetation.

C.5.3.2 Conservation Practice Standard for Critical Area Planting is found here:

https://efotg.sc.egov.usda.gov/references/public/VT/VT-484-CPS-2019-02.pdf https://efotg.sc.egov.usda.gov/references/public/VT/VT657_(1Col).pdf https://efotg.sc.egov.usda.gov/references/public/VT/VT342.pdf https://efotg.sc.egov.usda.gov/references/public/VT/VT-484-CPS-2019-02.pdf

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C.6 Deliverables

Item No.

Deliverable Description Frequency Delivery Format

Due By

1 Pre-construction meeting attendance

Contractor will attend meetings before commencing construction

Once, prior to construction beginning

In person Before construction begins and within 5 days after receipt of award.

2 Communication with NRCS

The contractor must notify the NRCS Inspector at least 48 hours before beginning construction

Once, prior to construction beginning

Via text, phone call, or email to COR and

NRCS

Inspector

At least 48 hours before proceeding with the construction

3 Wetlands Restoration

See above Per design and specifications

On site Upon project completion

4 Critical Area Planting

See above Per design and specifications

On site Upon project completion

5 Mulching See above Per design and specifications

On site Upon project completion

6 Close Out Meeting Contractor meets with Inspector or COR to review project

Once at completion of construction

In person Upon project completion

C.7 Contractor Qualifications

C.7.1 To be considered responsible, vendors must have the capability in all respects to perform fully the contract requirements; therefore, the apparent low quote vendor must be able to demonstrate to the satisfaction of the government that it meets the requirements of this requirement.

C.7.2 General Standards of Responsibility

C.7.2.1 To be determined responsible, the apparent low quote vendor must demonstrate that it:

C.7.2.1.1 Has adequate financial resources, or the ability to obtain such resources, required to perform the contract;

C.7.2.1.2 Is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government contract commitments;

C.7.2.1.3 Has a satisfactory performance record;

C.7.2.1.4 Has a satisfactory record of integrity and business ethics;

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C.7.2.1.5 Has, or has the ability to obtain, the necessary organization, experience, accounting, and operational control, and technical skills;

C.7.2.1.6 Has an excavation and/or construction contracting business within 60 miles of the project location.

C.8 Civil Rights and Program Delivery

C.8.1 By signing this contract the Contractor assures the USDA that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies.

C.8.2 Any and all information gained through this Statement of Work or in the process of carrying out the Wetlands Restoration project are to be held confidential between the Contractor, NRCS, other designated partners and the landowner unless released by the landowner.

C.8.3 Information gained may not be shared with others and are considered private to the landowner.

C.8.4 The Contractor will protect the privacy of information collected during the technical assistance process according to the provisions of Section 1619 of the Food, Conservation and Energy Act of 2008.

C.9 Site Visit

C.9.1 A site visit will be held on June 8, 2020 at 9:00 AM EST.

C.9.2 Interested parties should RSVP to James Eikenberry at (802) 449-7255 or james.eikenberry@usda.gov by June 5, 2020 at 12:00 PM EST.

C.9.3 The site visit will be held at the location of service. Directions are as follows:

From Route 4A in West Rutland, head north on Whipple Hollow Road for approximately 3.7 miles and turn right on a gravel driveway (shared with Vermont Hydroponic Produce. The project area is located south and east of this driveway).

C.9.4 Participants will meet at the access road for 3776 Whipple Hollow Road, West Rutland (Florence), VT. Pull into the access road and park on the right and assure not to block the entrance to the hemp farm.

mailto:james.eikenberry@usda.gov

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D Reserved

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E Inspection and acceptance

E.1 52.246-12 – Inspection of Construction (Aug 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.

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(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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F Performance

F.1 Federal Acquisition Regulations (FAR) Clauses

F.1.1 The following FAR clauses are incorporated by reference only.

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.242-14 Suspension of Work (Apr 1984)

F.2 Period of Performance

F.2.1 The time spent to perform this work will vary depending on the complexity of the site. The contractor will have 365 days from date of award to complete this project.

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G Contract Administration Data

G.1 Farm Production and Conservation (FPAC) Clauses

G.1.1 FPAC 4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

One (1) invoice should be submitted once the restoration work is completed.

A second invoice should be submitted when all the critical planting and mulching is completed.

The vendor should submit no more than two (2) invoices for the services required under this requirement.

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of service whichever is later. Payment will be made via Electronic Funds Transfer.

https://www.ipp.gov/

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H Special Contract Requirements

H.1 Federal Acquisition Regulations (FAR) Clauses

H.1.1 52.236-13 – Accident Prevention – 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.

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

(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

(End of clause)

H.2 Natural Resources Conservation Service (NRCS) Applicable Requirements

H.2.1 NRCS SUPPLEMENT TO OSHA PARTS 1910 AND 1926 CONSTRUCTION INDUSTRY AND

INTERPRETATIONS

The contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.

Requests for variances or waivers from this supplement are to be made to the contracting officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements.

A written request for a waiver or a variance shall include-- (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3)

The contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the contracting officer to render a decision. No waiver or variance will be approved if it endangers any person.

The contractor shall not proceed under any requested revision of a provision until the contracting officer has given written approval. The contractor is to hold and save harmless the Natural Resources Conservation Service free from any claims or causes of action whatsoever resulting from the contractor or subcontractors proceeding under a waiver or approved variance.

Copies of OSHA Part 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: Superintendent of Documents U. S. Government Printing Office Washington, D.C.

20402.

H.3 General Contractor Requirements

H.3.1 SAFETY PROGRAM

H.3.1.1 Each contractor is to demonstrate that he or she has the facilities for conducting a safety program commensurate with the work under the contract. The contractor is to submit a written safety program to the contracting officer for approval before the start of construction operations. The program is to specifically state what provisions the contractor proposes to take for the health and safety of all employees.

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H.3.2 PRECONSTRUCTION SAFETY MEETING

H.3.2.1 Representatives for the contractor are to meet with the contracting officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract.

H.3.3 JOINT SAFETY POLICY COMMITTEE

H.3.3.1 The contractor or designated onsite representative is to participate in monthly meetings of a Joint Safety Committee, composed of Natural Resources Conservation Service and contractor supervisory personnel. At these meetings the contractor's project manager and the Contracting Officer will review the effectiveness of the contractor's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work.

H.3.4 SAFETY PERSONNEL

H.3.4.1 Each contractor is to designate a competent supervisory employee satisfactory to the Contracting officer to administer the safety program.

H.3.5 SAFETY MEETINGS

H.3.5.1 A minimum of one "one-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors for all construction personnel at the job site. The contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision.

H.3.6 SAFETY INSPECTION

H.3.6.1 The contractor shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies.

H.3.7 FIRST AID TRAINING

H.3.7.1 Every contractor foreman's work crew must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, American Red Cross, or other state-approved organization.

H.3.8 REPORTS

H.3.8.1 Each contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the contracting officer. A copy of all reports is to be provided to the contracting officer. All fatal or serious injuries are to be reported immediately to the contracting officer, and every assistance is to be given to the investigation of the incident, including submission of a comprehensive narrative report to the contracting officer. Other occurrences with serious accident potential, such as equipment failures, slides and cave-ins, must also be reported immediately. The

17 | P a g e contractor is to assist and cooperate fully with the contracting officer in conducting accident investigations. The contracting officer is to be furnished all information and data pertinent to investigation of the accident.

H.3.9 FIRST AID AND MEDICAL FACILITIES

H.3.9.1 FIRST AID KITS

H.3.9.1.1 A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated.

H.3.9.2 EMERGENCY FIRST AID

H.3.9.2.1 At least one employee certified to administer emergency first aid must be available on each shift and duly designated by the contractor to care for injured employees.

The names of the certified employees shall be posted at the job site.

H.3.9.3 COMMUNICATION AND TRANSPORTATION

H.3.9.3.1 Prior to the start to work, the contractor is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. At least one stretcher and two blankets shall be readily available for transporting injured employees.

H.3.9.4 FIRST AID AND MEDICAL REPORTS

H.3.9.4.1 The contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the contracting officer and are to include: (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses; (b) Cumulative record of injury for each individual; (c) Monthly statistical records of occupational injuries, classified by type and nature of injury; and (d) Required records for worker's compensation.

H.3.9.5 SIGNS AND DIRECTIONAL MARKINGS

H.3.9.5.1 Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations.

H.3.9.6 EMERGENCY LISTING

H.3.9.6.1 A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations.

H.3.10 PHYSICAL QUALIFICATION OF EMPLOYEES

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H.3.10.1 GENERAL REQUIREMENTS

H.3.10.1.1 Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or other reason that may jeopardize themselves or others.

H.3.10.2 HOIST OPERATORS

H.3.10.2.1 Operators of cranes, cableways, and other, hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The contractor is to submit a copy of each certification to the contracting officer.

H.3.10.3 MOTOR VEHICLE OPERATORS

H.3.10.3.1 Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely.

H.3.11 PERSONAL PROTECTIVE EQUIPMENT

H.3.11.1 HARDHAT AREAS

H.3.11.1.1 The entire jobsite, with the exception of offices, will be considered a hardhat area.

All persons entering the area are, without exception, required to wear hardhats. The contractor shall provide hardhats to visitors entering hardhat areas.

H.3.11.1.2 LABELS

H.3.11.1.2.1 Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard.

H.3.11.2 POSTING

H.3.11.2.1 Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) with white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA -- HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the contractor at entries to shops, construction yards, and job access points.

H.3.12 MACHINERY AND MECHANIZED EQUIPMENT

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H.3.12.1 SAFE CONDITION

H.3.12.1.1 Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators.

H.3.12.2 TAGGING AND LOCKING

H.3.12.2.1 The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibility and safety procedures to be followed by the persons performing repair work.

H.3.12.3 HAUL ROAD FOR EQUIPMENT

H.3.12.3.1 ROAD MAINTENANCE

H.3.12.3.1.1 The contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards.

Wherever dust is a hazard adequate dust-laying equipment shall be available at the jobsite and utilized to control dust.

H.3.12.3.2 SINGLE LANE HAUL ROADS

H.3.12.3.2.1 Single-lane haul roads with two-way traffic shall have adequate turnouts.

Where turnouts are not practical, a traffic control system shall be provided to prevent accidents.

H.3.12.3.3 TWO-WAY HAUL ROADS

H.3.12.3.3.1 On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern.

The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used.

H.3.12.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS

H.3.12.3.4.1 Haul road design criteria and drawings, if requested by the contracting officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance.

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H.3.12.3.5 OPERATORS

H.3.12.3.5.1 Machinery and mechanized equipment shall be operated only by authorized qualified persons.

H.3.12.3.6 RIDING ON EQUIPMENT

H.3.12.3.6.1 Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers.

H.3.12.3.7 GETTING ON OR OFF EQUIPMENT

H.3.12.3.7.1 Getting on or off equipment while the equipment is in motion is prohibited.

H.3.12.3.8 HOURS OF OPERATION

H.3.12.3.8.1 Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job.

H.3.12.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER

CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS,

CABLEWAYS, AND HOISTS)

H.3.12.4.1 PERFORMANCE TEST

H.3.12.4.1.1 Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safety handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the contracting officer. Test data shall be recorded, and a copy furnished the contracting officer.

H.3.12.4.2 PERFORMANCE TEST--POWER CRANES (Crawler mounted, truck mounted, and wheel mounted)

H.3.12.4.2.1 The performance test is to be carried out with outriggers set and with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

H.3.12.4.3 PERFORMANCE TEST--DERRICKS, GANTRY CRANES, TOWER CRANES,

CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES

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H.3.12.4.3.1 This equipment is to be performance tested with a test load weighing 110 percent of the rated load. In testing cableways, the test load is to be traveled to the upstream and downstream limits of travel and thoroughly performance tested in at least three travel positions, including both limits of travel.

H.3.12.4.4 BOOM ANGLE INDICTOR

H.3.12.4.4.1 Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order.

H.3.12.4.5 CRANE TEST CERTIFICATION

H.3.12.4.5.1 The performance test required by 5.4.2 and 5.4.3 is fulfilled if the contractor provides the contracting officer a copy of the certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the contracting officer.

H.3.12.4.6 POSTING FOR HIGH VOLTAGE LINES

H.3.12.4.6.1 A notice of the 10- foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes and related equipment.

H.3.12.4.7 BOOM STOPS

H.3.12.4.7.1 Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 83 or less, until completely stopping the boom at not over 87 above horizontal.

H.3.12.4.8 SAFETY HOOKS

H.3.12.4.8.1 Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning.

H.3.12.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS)

H.3.12.5.1 ROLLOVER PROTECTIVE STRUCTURES

H.3.12.5.1.1 OSHA 1926 Subpart W Overhead Protection Sections 1000 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment.

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H.3.12.5.2 EQUIPMENT REQUIRING ROPS

H.3.12.5.2.1 The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push and pull tractors, winch tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment.

H.3.12.5.3 EQUIPMENT REQUIRING SEATBELTS

H.3.12.5.3.1 The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skid-steer equipment.

H.3.12.6 LADDERS AND SCAFFOLDING

H.3.12.6.1 LADDERS

H.3.12.6.1.1 OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders.

H.3.12.6.2 SCAFFOLDING

H.3.12.6.2.1 OSHA 1926, Subpart L - Section 451. Scaffolds, platforms or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing.

H.3.12.6.3 SAFETY BELTS, LIFELINE, AND LANYARDS

H.3.12.6.3.1 OSHA 1926, Subpart E, Section 104. Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 5.6.1 and 5.6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, typing reinforcing bars; and work from or other unguarded locations at elevations greater than 6 feet. (c) Work on skids and platforms used in shafts by crews when the skip or cage does not block the opening to within 1 foot of the sides of the shaft, unless cages are provided.

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I Contract Clauses and Provisions

I.1 Federal Acquisition Regulation (FAR) Provisions

I.1.1 The following FAR provisions are incorporated by reference only.

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999) 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010)

I.1.2 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of provision)

I.1.3 52.225-10 -NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053788

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(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR…