Amendment_No__0006_to_140R2021R0004_0006.pdf

(x)

140R2021R0004 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815

R20

Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

20-C090910/29/20210006

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/20/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

A. TITLE: B.F. Sisk Dam SOD Modifications, Phase I

B. PURPOSE: The purpose of this amendment is to incorporate various changes to solicitation documents.

C. DESCRIPTION: This amendment hereby incorporates the following:

Offeror's Questions and Answers

Revised Contract Section L

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Erik M. Danger

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R2021R0004/0006

Revised Attachment J5

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

Sponsored by GSA

FAR (48 CFR) 53.110

B.F. Sisk Dam SOD Modifications, Phase I - Offeror’s Questions and Answers Amendment 0006

Question 1: Section and Page 32 92 20 - 5, Section Title Restoration and Revegetation, Part 2.03 - "Section A. states “Native plants generally have low nutrient requirements for nitrogen, phosphorus and potassium and are not favored by applications of fertilizers, unless specific deficiencies have been identified through soil testing.” If tests results require adding fertilizer to the soil, how will the Contractor be compensated for this work?

Response 1: Offerors shall assume that amendment is not required as part of their offer. If soil amendment is required, there will a contract modification to provide payment for it.

Question 2: Per Specification 51 00 80 - 1.02.A, requests the Environmental Records and Permits referenced, as they become available. 1. California Department of Fish and Wildlife: Incidental Take Permit (ITP). 2. California Department of Fish and Wildlife: Master Lake and Streambed Alteration Agreement (LSAA). 3. U.S. Army Corps of Engineers: Section 404 Permit. 4. Central Valley Regional Water Quality Control Board: Section 401 Permit. 5. U.S. Fish and Wildlife Service: Biological Opinion. 6. Supplemental

EIR.

Response 2: Permits 1, 2 and 3 are pending issuance and are anticipated to be received before NTP.

Permits 4, 5, and 6 are available through Kiteworks. Request the Kiteworks link by emailing Roxana Ahola at rahola@usbr.gov and cc: to Erik Danger at edanger@usbr.gov.

Question 3: Sheet 805-D-60067 identifies the Spillway Air Vent pipe as 16” O.D. Schedule No. 10 steel pipe. Specification 35 21 95 Section 1.03.A states “The vent pipe is 16-inch diameter schedule 40 steel pipe”. What schedule is the steel pipe for the spillway air vent?

Response 3: The steel pipe for the spillway air vent is Schedule 10. Section 35 21 95 - Spillway Vent Pipe Modifications has been updated.

Question 4: Please clarify if the Contractor is expected to purchase and own the specified facilities during the project period with transfer to the Government once work is completed, or if the Contractor may lease facilities from a third party and then transfer said lease to the Government once work is completed?

Response 4: Yes, the Contractor is expected to furnish and maintain the specified facilities during the project period and transfer full ownership to Reclamation at the completion of the contract.

Question 5: Paragraph 3.02D states...Excavation of rock blanket materials shall be sequenced to minimize the exposure of underlying embankment materials prior to placement of berm materials. If the exposed embankment is properly protected from erosion, can rock blanket excavation happen at one time?

Response 5: Refer to Section 31 23 14 of the specifications. Methods will be approved by the COR as a part of the RSN, as field conditions allow for.

Question 6: Topsoil Paragraph 2.01B states ... If additional materials are required, they shall be obtained from a commercial source. Surface areas covered by topsoil are paid by the acre price in the Price Schedule. How are additional materials obtained from a commercial source to be paid for?

Response 6: Offerors shall assume that additional topsoil is not required.

Question 7: Paragraph 3.01A states... Perform soil analysis on topsoil in stockpile to determine the content of organic matter and nutrients present. If necessary, amend the topsoil prior to or during placement, as approved by the COR. Without knowing the results of soil analysis on topsoil, will there be an additional pay item for how will the contractor be paid for amending topsoil?

Response 7: Refer to Q&A #1. Offerors shall assume that amendment is not required as part of their bid. If soil amendment is required, there will a contract modification to provide payment for it.

Question 8: Section 01 14 16 identifies a number of permits that are to be obtained by the Government.

Are there current projected dates for when these permits are anticipated to be obtained? If the Government hasn't obtained the permits by NTP (February 7, 2022), will the Government modify the NTP date?

Response 8: The NTP date has been modified via this amendment No. 0006 in Section L. This is only an assumption for proposal analysis only. Permits are not expected to have any impact on NTP.

Question 9: Attachment J5 Key Personnel lists the Quarry/Blasting Superintendent(s). Is this two separate people? Section 31 23 05 – 10 includes a list of qualifications for blasting personnel. Please confirm the Blaster-in-Charge is the Blasting Superintendent. Also, please clarify the qualifications for the Quarry Superintendent (if these are separate people).

Response 9: Attachment J5 has been revised; the “Quarry/Blasting Superintendent" has been revised to state "Blasting Personnel; 1. Blaster(s)-In-Charge 2. Blasting Consultant(s).

Question 10: Specification 31 03 33 Paragraph 1.01 sections C, D, F, G, I, J, L and M for supplementary dewatering items state to include labor in each CLIN Item. Please clarify which CLIN items should include labor pricing.

Response 10: For the supplementary dewatering systems, materials are paid for under items C, F, I, and L;

labor for installation is paid for under items D, G, J, and M; and labor for operation is paid for under items N, O, and P.

Question 11: The time for completion in the contract is 1092 calendar days which equates to 3 years to complete the project. The specifications further restrict the work seasons to June 15 to December 15 of each calendar year. The Notice to Proceed is stated to be February 7th, 2022; this equates to 3 construction seasons to complete the work. Reviewing the information in section 51 00 40 -3 San Luis Reservoir Elevation Historical Monthly Average Through 2020, a period of 33 years, there are four years where the reservoir never got below elevation 480 as is required to perform the work. If the Contractor is unable to perform work during a work season because the elevation is not below 480, is the Contractor entitled to an equitable adjustment in cost and/or time? If the Contractor in its proposals proposes performing all work in Seasons 1 and 2 such that it achieves substantial and final completion in Season 2, but it is unable to do so because the elevation is not below 480, would the Contractor be entitled to an equitable adjustment in cost?

Would the Contractor also, if necessary, under the schedule, be entitled to a time extension?

Response 11: The contractor's schedule must be in accordance with specification requirements. Refer to Section 01 14 12 - Work Restrictions.

Specific conditions will be considered to determine if an REA is appropriate or not. An equitable adjustment would be considered if it has been determined that a delay is both excusable under FAR 52.249-10, Default (Fixed-Price Construction), and compensable under FAR 52.242-14, Suspension of Work.

Question 12: Plan sheets 805-D-60060 to 60071 show the Spillway Conduit Extension. The details for the 9’-6” conduit pipe appear to be missing. Please verify and confirm that 9’-6” pipe extension is required. If this pipe is required and to be supplied by the contractor, please provide the specifications for the pipe (type of pipe, wall thickness, joint details, and whether it is to be welded). If the pipe is provided by the owner, please provide the type of pipe, whether the contractor is to install the pipe, and where the pipe is paid.

Response 12: The spillway conduit extension consists of concrete materials, as shown on drawings 805-D- 60060 through -60071. There is no metal conduit liner.

Question 13: Specifications section 03-81-10 "Concrete Removal" is requiring hydro demolition. The plans are unclear on the limits of work for this item. Are the contractors to remove all the existing concrete structures using hydro demolition. Please verify and provide the scope of work and limits of the existing facilities that require hydro demolition.

Response 13: Hydrodemolition is not required, but it is one method that may be used to remove concrete within 5 feet of concrete to remain in place, in accordance with section 03 81 10. Complete limits of spillway concrete to be removed are defined on drawing 805-D-60072 and -60060.

Question 14: Reference plan sheet 805-D-60020. This sheet indicates a fairly large area showing the “extent of an existing landslide” on the East Basalt Hill Quarry haul road and note 3 which makes reference to the specifications for stabilization requirements. Specification section page 31-23-22-2 – Part 1.02-B-2 indicates that plans for stabilizing the landslide are required as a submittal and must include:

geotechnical investigations, plans for protecting the landslide from future movement, and plans for monitoring of the landslide. Please define “future movement”. Is this one year, the duration of this project, or twenty years? Please provide any Geotechnical information that has been completed for the slide area so that an accurate cost to stabilize the slide can be estimated. If Geotech information is not currently available, we would suggest that an allowance dollar amount be added to the bid item list for all work that will be required for stabilizing this landslide.

Response 14: Refer to the Q&A’s in Amendment No. 05. Q&A #2 and #9.

Question 15: Reference Specification Section 01-35-50 - Site Security. We understand that the contractor is to provide an unarmed security guard to restrict access to and within the project site at open access points during any onsite work activities per Part 1.04-A. Part 1.02-B-1-d indicates "on-site security patrol". Will the contractor be required to provide a 2nd security guard to patrol the work site as well? If so, only during work activities or 24 hours per day?

Response 15: Contractor is required to provide a security guard(s) to restrict access to and within the project site at open access points during any onsite work activities. Refer to specification section 01 14 12 1.02.C for allowable work hours. The Contractor is not required to provide onsite security but shall be allowed to have designated onsite security if they choose to. Information shall be submitted for approval under RSN 01 35 50-1 Site Security Plan.

Question 16: Reference plan sheet 805-D-60078. This sheet indicates a reference drawing titled "Survey Control and Alignment" - 805-208-60101. We do not find this referenced sheet in the documents provided.

Please provide the Survey Control and Alignment plan sheet.

Response 16: Drawing 805-208-60101 was provided in the drawing packages as sheet 91.

Question 17: Reference Specification Section 32-17-20 - Painted Traffic Lines and Markings. Please provide plans and or quantities for required traffic lines, markings, and markers so that costs can be calculated for the Lump Sum bid item 80.

Response 17: Painted traffic lines required along new paved road section, as shown on 805-D-60127.

Question 18: The Geotechnical information provided on sheet G13 – G14 in the plans is in an area that is not available for Borrow in this contract. We are interested in the test dig results from TP-19-7.

Response 18: The log for this test pit is included in Volume 5 of the 2018-2020 BOR Geology Report, which is available to offerors upon request. Request the Kiteworks link by emailing Roxana Ahola at rahola@usbr.gov and cc: to Erik Danger at edanger@usbr.gov.

Question 19: How did BOR arrive at the waste quantities noted in Required Excavation items shown on material distribution charts?

Response 19: The waste quantities are based on engineer's estimates.

Question 20: 01 57 60 Part 1 Section 1.03 Onsite Biologist Qualifications identifies the need to be approved by CDFW and USFWS for the listed species. Is it anticipated that one individual biologist will meet the requirements of the Incidental Take Permit (ITP) for listed species, or will multiple biologists be required to monitor construction activities? How are bidders to price biological monitoring requirements without the

ITP?

Response 20: Biologist qualifications and construction planning will dictate the number of biologists required. Bidders shall price biological monitoring requirements based on the requirements currently included in the specification.

Question 21: 01 57 30 Water Pollution and Erosion Control doesn't identify the Construction General Permit (CGP) Risk Level. Based on the requirements for Rain Event Action Plans, does the Government anticipate and require the Contractor to assume a CGP Risk Level 2 project?

Response 21: Offerors shall assume that this project is a CGP Risk Level 2 project.

Question 22: Can the Government provide the GIS and/or CADD files used to calculate impacts and used for the Figures in the 401?

Response 22: Aquatic resources are shown in drawings 805-D-60012 through -60020. GIS and/or CAD files will not be provided.

Question 23: Is the intent to use Basalt Road from the quarry to the project site for the next +/-10 years (phase one and two) than replace the road at the completion?

Response 23: Specification Section 32 12 26 - Restoring Existing Roads require that Basalt Road be restored at the end of this contract, if damaged.

Question 24: Once a contractor has been selected will the owner work with and assist in obtaining additional permits if necessary, for haul roads?

Response 24: Yes, the Government will work with the Contractor to obtain additional permits as appropriate.

Question 25: In regard to CLIN 58 Excavation of Shear Key 440,000 cy - Material Distribution Plan Sheets states there is shear key waste of 160,000 CY. Is the waste being determined by excess moisture or oversized material?

Response 25: The waste is being determined from an engineer's estimate based on excess moisture.

Question 26: In regard to Spec Section "01 57 20 Environmental Controls Section 1.06 B Off-Road Diesel- Powered Equipment" - In Paragraph Off-Road Diesel powered Equipment, is it BOR’s expectation that all off road equipment greater than 50 hp contain Tier 4 engines?

Response 26: Yes.

Question 27: Specification 53 30 00, 1.02 A 9, please provide photos of the Basalt Hill cores that were drilled in 2016.

Response 27: Photos of the Basalt Hill cores have been added to the BOR 2016 - Site Plan and Geology Logs, Basalt Hill file, referenced in Section 53 30 00 - Records of Geologic and Subsurface Investigations.

The updated file is available on Kiteworks and is available to offerors upon request. Request the Kiteworks link by emailing Roxana Ahola at rahola@usbr.gov and cc: to Erik Danger at edanger@usbr.gov.

Question 28: Specification 01 35 50 please clarify if security requested outside of working hours such as overnight security guards? Is the security vehicle patrol required only during construction hours or 24/7?

Response 28: Contractor is required to provide a security guard(s) to restrict access to and within the project site at open access points during any onsite work activities. Refer to specification section 01 14 12 1.02.C for allowable work hours. The Contractor is not required to provide onsite security but shall be allowed to have designated onsite security if they choose to. Information shall be submitted for approval under RSN 01 35 50-1 Site Security Plan.

Question 29: What is quantity of concrete to be removed via Hydro-demolition?

Response 29: Refer to response from Q&A #13.

Question 30: Reference Attachment J2 - Subcontracting Plan - Element 2 - Goals. If a particular subcontractor qualifies for more than one category (i.e., Subcontractor XYZ is both a VOSB and a WOSB), can 100% of the "planned dollar" amount for that subcontractor be counted toward both categories?

Response 30: Yes.

Question 31: We assume that a 2nd tier SBE subcontractor's dollars can be counted toward the planned subcontracting dollars that will go to Small Business concerns. Please confirm.

Response 31: Yes, these can be counted.

Question 32: Can you please explain what you are needing for the Index section of the proposal.

The proposal states the index is to cross reference the work statement to the term of the proposal and indication how the proposal conforms to the evaluation factors contained in Part IV, Section M.

Volume III: The index shall cross reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M of this solicitation;

There is no Part IV from what I can see but there is Section M – Evaluation for Award. What is to be referenced in the index?

Response 32: Section L is amended in the solicitation to remove “Part IV.” The index shall cross reference the work statement to the terms in proposal and indicate how the proposal conforms to the evaluation factors contained in Section M as listed in in WBR 1452.215-82 EVALUATION FOR AWARD- QUALITY

PREDOMINANCE-BUREAU OF RECLAMATION.

Question 33: Please specify what information is to be included in Volume I, (f) RFP Section K:

Representations, Certifications and Other Statement of Offerors?

Response 33: Please refer to FAR 52.204-8, Annual Representations and Certifications.

Question 34: We notice that the due date listed at the top of Attachment J3 is listed as November 4, 2021 which was the original bid date. We assume that the due date for J3 should now be November 19, 2021 – the current bid date.

Response 34: The due date for Attachment J3 is revised to the offers due date, November 19, 2021. A revised J3 will be provided in a forthcoming amendment.

Question 35: Per acquistion.gov, PART 19.703 states that the contractor may use self-certifying SBE subcontractors, and or SAM certified SBE subcontractors. Are there other certifying agencies that are acceptable to the Bureau, such as Caltrans certified SBE subcontractors?

Response 35: No. Please refer to FAR Part 19.703(a) for certification requirements.

Solicitation No. 140R2021R0004 – BF SISK Safety of Dams (SOD) Modifications

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED FEB 1998

BY REFERENCE

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ (FAR 52.XXX-XX formatted clauses)

Provision Title Date FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.204-22 Alternative Line Item Proposal JAN 2017 FAR 52.211-6 Brand Name or Equal AUG 1999 FAR 52.214-34 Submission of Offers in the English Language APR 1991 FAR 52.214-35 Submission of Offers In U.S. Currency APR 1991 FAR 52.215-1 Instructions to Offerors—Competitive Acquisition JAN 2017 FAR 52.215-20 Requirements for Certified Cost or Pricing Data and

Data Other Than Certified Cost or Pricing Data

OCT 2010

FAR 52.215-1 Instructions to Offerors - Competitive Acquisition - Addendum

Inquiries. All inquiries pertaining to this solicitation (except where noted for the onsite site visit) shall be submitted in writing to both Contracting Officer, Erik Danger at edanger@usbr.gov and Contract Specialist, Roxana Ahola at rahola@usbr.gov no later than 12:00 PM Pacific Standard Time, October 12, 2021. Responses pertinent to all prospective offerors will be included in an amendment to the solicitation.

FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED AUG 1998

IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL

ITEM DESCRIPTIONS, FPMR PART 101-29

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100

470 East L’Enfant Plaza SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS APR 2014

ITEM, AND DATA DESCRIPTIONS LISTED IN THE

ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.dla.mil/online/start/;

(2) Quick Search (http://quicksearch.dla.mil/ )

(3) ASSISTdocs.com ( http://assistdocs.com ).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(1) Using the ASSIST Shopping Wizard ( http://assist.dla.mil/wizard/index.cfm );

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2197, Mon-Fri, 0730 to 1600 EST; or Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

FAR 52.216-1 TYPE OF CONTRACT APR 1984

The Government contemplates award of a firm-fixed price construction contract resulting from this solicitation.

FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS- MAY 2014

SECONDARY SITE OF THE WORK

(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.

FAR 52.222-23 NOTICE OF REQUIREMENTS FOR FEB 1999

AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Merced County 19.8 6.9 %

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for

Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $100,000 at any tie for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Merced, California.

End of Provision

FAR 52.228-1 BID GUARANTEE SEP 1996

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

FAR 52.236-27 SITE VISIT (CONSTRUCTION) – ALT I FEB 1995

a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

b) A virtual pre-site visit conference has been scheduled for:

Date: Wednesday, September 29, 2021 Time: 1:00 PM PST Location: Online – Microsoft Live Event

The virtual pre-site visit conference requires registration in order to attend. Send registration requests to Contract Specialist, Roxana Ahola at rahola@usbr.gov and Reynaldo “Henry” Garcia at Rgarcia@usbr.gov. Registration requests shall include names, email addresses and phone numbers for each registrant that will attend from each company/entity. Emailed invitations to the Microsoft Live Event link will be provided to registrants prior to the virtual pre-site visit conference.

c) An organized pre-proposal site visit has been scheduled for:

Date: Thursday, September 30, 2021 Time: 10:00 AM PST Location: Gustine, CA 95322 (Details to be provided when registering)

Contractors, vendors, and visitors shall register to attend the onsite pre-proposal site visit by contacting Reynaldo “Henry” Garcia at Rgarcia@usbr.gov and Contract Specialist, Roxana Ahola, at rahola@usbr.gov.

Safety Attire/PPE’s: Hard toed boots, long sleeve shirts and pants, hand sanitizer, personal drinking water/snacks, sunscreen and sunglasses recommended. Vehicles shall be suitable for gravel/dirt road with adequate ground clearance. COVID-19 considerations: Comply with CDC instructions and maintain safe distances, using masks/shields when social distancing is difficult to maintain.

(c) Offerors are cautioned that, notwithstanding any remarks, clarifications, or responses provided at the conferences, all terms and conditions of the solicitation remain unchanged unless they are changed by written amendment. It is the responsibility of each offeror to seek clarification of any perceived ambiguity of documents within the solicitation prior to submitting a proposal.

(d) Offerors are expected to satisfy themselves regarding all conditions that may affect the work required or the cost of Contract performance. In no event shall failure to inspect the site constitute grounds for any protest or Contract claim.

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS NOV 2020

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provisions with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of the Interior or Bureau of Reclamation Agency provisions with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL APR 1984

INFORMATION—DEPARTMENT OF

THE INTERIOR

Use and Disclosure of Proposal Information—Department of the Interior (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.

552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.

However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

DIAR 1452.233-2 SERVICE OF PROTEST DEPARTMENT JUL 1996

OF THE INTERIOR (DEVIATION)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Erik Danger, Contracting Officer

U.S. Bureau of Reclamation 2800 Cottage Way, Room E-1815

Sacramento, California 95825-1898

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511, Washington, D.C. 20240

WBR 1452.215-80 SOURCE SELECTION EVALUATION PROCEDURES (MAR 2021)

- BUREAU OF RECLAMATION

The Government intends to evaluate proposals submitted under this solicitation and select a source for contract award without discussions (unless the contracting officer later determines discussions to be necessary) in accordance with the following provision: FAR 52.215-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017). Source selection shall be in accordance with procedures contained in FAR Part 15, Department of the Interior Acquisition Regulation (DIAR) Part 1415 (48 CFR 1415) and Bureau of Reclamation Acquisition Regulation WBR Part 1415. These procedures are summarized as follows:

(a) Technical evaluation. A Technical Proposal Evaluation Committee has been established to objectively evaluate technical proposals in accordance with the Evaluation Factors for Award -

- Bureau of Reclamation provision of this solicitation. Technical proposals shall be submitted in accordance with the Proposal Instructions -- Bureau of Reclamation provision of this solicitation.

(b) Past performance evaluation. In addition to any other past performance information required under the solicitation, the contracting officer shall use past performance information available from the Contractor Performance Assessment Reporting System (CPARS) in the source selection process on offerors competing for awards in excess of the simplified acquisition threshold, unless the contracting officer has documented an exception from past performance consideration in accordance with FAR 15.304(c)(2)(iv).

(c) Cost or price evaluation. An objective cost or price evaluation of contract pricing proposals will be made in accordance with the Evaluation Factors for Award provision of this solicitation.

Pricing proposals shall be submitted in accordance with the Proposal Instructions -- Bureau of Reclamation provision of this solicitation. A cost or price analysis will be performed to determine price reasonableness and any instances of unbalanced pricing, using one or more of the techniques at FAR 15.404-1.

(End of provision)

WBR 1452.215-81 PROPOSAL INSTRUCTIONS (MAR 2021)

-- BUREAU OF RECLAMATION

In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this solicitation (see FAR 52.215-1), each offeror shall submit a proposal in accordance with the instructions contained in this provision.

In order to submit a proposal for this requirement, offerors are required to send an email to rahola@usbr.gov and cc edanger@usbr.gov to request access to Kiteworks (Attachment 10 – Electronic Proposal Submission) prior to the proposal due date.

(a) Use and Disclosure of Proposal Information. In accordance with the Use and Disclosure of Proposal Information -- Department of the Interior provision of this solicitation (see DIAR 1452.215-71), offerors shall mark trade-secret or confidential commercial or financial information contained in the proposal with the restrictive legends specified. The offeror shall also clearly and separately mark all proprietary information (as defined in FAR 3.104-3) contained in the proposal with the restrictive legend "Proprietary Information."

(b) Proposal Volumes. Offerors shall submit separate Volumes with the required number of copies as follows:

Volume Title

I Business Proposal (Representations, Certifications and Offer)

II Technical Proposal/Past Performance

III Pricing Proposal

(1) Separation of volumes. Each volume shall be sent in a separate email (via Kiteworks , see Attachment J10) with the subject line having the following format:

BF SISK SOD MOD, Company Name, Volume I BF SISK SOD MOD, Company Name, Volume II BF SISK SOD MOD, Company Name, Volume III

(c) General Contents. Each separate proposal Volume shall:

All pages of each volume shall be appropriately numbered and identified with the name of the offeror, the date of the offer, and the solicitation number. Where page limitations are specified for offers in response to this solicitation, one page is equivalent to one side of a double-sided printed piece of 8.5” by 11” paper. Font sizes must be no smaller than Times New Roman, size 10 type. Any material submitted, including appendices and attachments, that exceeds the page limitations specified will not be considered during the evaluation process.

The Offeror shall submit one (1) electronic copy via Kiteworks of each volume to rahola@usbr.gov and edanger@usbr.gov. Instructions on how to submit electronic proposal are included in Section J attachment 10. All electronic files and versions of offerors proposal shall be compatible with Adobe Acrobat 9.0 and Microsoft Office Suite version 2010. In addition, the electronic file shall be labeled with the company’s name, RFP number, submission date, and the words “Source Selection Sensitive.”

(d) Format. Each volume shall contain the following items in addition to the other information required by this solicitation:

(1) Provide a Table of Contents which lists all sections specific to the proposal Volume;

(2) Cross-reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M;

(3) Provide a list of any enclosures, including tables, drawings, charts, or other enclosures which summarize data or information;

(4) Provide a Cover page. The cover should indicate the following:

• Title of the proposal

• Volume Number (I, II or III)

• Proposal category (Business, Technical, Price Proposal)

• Request for Proposal (RFP) Number

• Name and address of offeror, Cage Code, DUNS, Business Size and applicable

Tax I.D. Number (TIN)

• A statement that the proposal is valid for a period of 180 days from date of proposal submission.

(e) Volume I, Business Proposal Contents. Volume I, Business Proposal, consists of the actual offer to enter into a contract to perform the desired work. It also includes required representations, certifications, attachments requested in Section J of this solicitation, and acknowledgments of amendments, if applicable; identification of technical data to be withheld;

and any other required administrative information.

1. Format and Content. Volume I, Business Proposal, shall include the following:

(a) The Proposal Form (Standard Form 1442) and all amendments signed by the offeror’s authorized signature authority.

(b) Performance and Payment Bonds.

(c) RFP Section J: Key Personnel, completed by the Offeror

(d) RFP Section J: Experience and Management Control, completed by the Offeror.

(e) RFP Section J: Subcontracting Plan, completed by the Offeror.

(f) RFP Section K: "Representations, Certifications and Other Statement of Offerors" completed by the Offeror.

(g) RFP Section K “Information Regarding Responsibility Matters” completed by

Offeror.

(h) RFP Section K “Annual Representations and Certifications” Representations, Certifications, completed by the Offeror.

(i) Submission of Other Information via the System for Award Management (SAM) at https://www.sam.gov/ rahola Cross-Out rahola Cross-Out rahola Cross-Out

(f) Volume II

(1) Technical Proposal Contents. The technical proposal should convincingly describe the capability of the offeror's organization to participate in this project and effectively demonstrate a thorough understanding of the work statement contained in Part I, Section C of this solicitation.

To assist in the uniform evaluation of proposals, the following format shall be utilized in preparing the technical proposal:

(a) Table of Contents. The Table of Contents shall list all sections of the technical proposal. Any future amendments, additions and/or revisions to the proposal shall be included in an updated Table of Contents;

(b) Index. The Index section shall cross reference the statement of work, specifications, or performance work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M;

(c) Enclosures. The Enclosures Section shall include a list of any tables, drawings, charts, and any other enclosures which summarize data or information;

(d) Executive Summary. The Executive Summary shall include a brief discussion of how the required work will be performed and important highlights of the proposal.

(e) There are two (2) technical (non-price) factors that will be evaluated in accordance with the criteria contained in Section M of this solicitation:

1. Technical Approach.

Factor 1A: Coordinated Construction Schedule

Factor 1B: Narrative of Construction Sequence

2. Past Performance.

Factor 2A: Past Performance Data Factor 2B: Past Performance Narrative

Evaluation Factor 1: Technical Approach Contents. The Technical Approach shall include a construction schedule and a corresponding written narrative of the planned construction sequence. Both shall be coordinated, support each other and reflect the requirements contained in the Specifications (Section C), Limitation of Funds Clause (if applicable) and Sections F and H.

1a) Factor 1A: Coordinated Construction Schedule: The construction schedule shall include:

a) Contents:

1. A gantt chart schedule.

2. Schedule Organization Statement.

3. Description of the work-breakdown-structure categories used to organize the schedule.

4. Any other pertinent information that will facilitate a more efficient review and provide a better understanding of the schedule’s organization.

5. Early Completion Statement.

b) Content format:

1. A gantt chart schedule that includes such detail to show the sequencing of the principal and critical components of work contained in the solicitation; in addition, any other activities or information needed to accurately portray the offeror’s proposed schedule shall be included. The schedule shall include critical submittals allowing for submittal preparation time and associated Government reviews/approvals. The contractor shall assume a Notice to Proceed date of February 7 March 28, 2022 for development of the schedule. In addition, the contractor shall clearly indicate their assumptions in development of the schedule in relation to the specification requirements related to as a minimum reservoir operation, work restrictions, and shear key excavations.

Format: The gantt chart schedule shall be formatted so that it can be printable on 11x17 sized paper (one sided) and have columns that display the…