C05_01_140R2024Q0013_Solicitation.pdf

Solicitation No.140R2024Q0013

Friant Dam Office Recarpeting

South Central California Area Office (SCCAO)

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TABLE OF CONTENTS

SECTION A - Solicitation, Offer and Award Form (SF 1442)

SECTION B - Pricing Schedule

SECTION C - Statement of Work

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits, and Other Attachments

SECTION K - Representations, Certifications and Other Statements of Offerors

SECTION L - Instructions, Conditions and Notices to Offerors

SECTION M - Evaluation Factors for Award

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)

0040640547

Bureau of Reclamation

Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Bureau of Reclamation - Interior Region 10

2800 Cottage Way, RM. E1815 Sacramento, CA 95825-1898 rgamo@usbr.gov

Ronald Gamo 916-978-4304

140R2024Q0013

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

A. Friant Dam Office Recarpeting

B. Work Site Location: Work is located at Friant Dam, Friant, CA.

C. Estimated Price Range: less than $25,000.00

D. Set-aside Information: This requirement is being procured under Simplified

Acquisition Procedures, Federal Acquisition Regulation (FAR) Part 13.

NAICS Code: 236220 and applicable size standard $45 million.

11. The Contractor shall begin performance within

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 30 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

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. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

Abelardo Lopez

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R2024Q0013

00010

Section B - Supplies and Services and Prices "AU" - Activity Unit is used solely for the purpose of allowing progress payments under the Department of Interior's Financial Business Management System

(FBMS).

Friant Dam Office Recarpeting

Pricing Schedule: CLIN 1-2

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

Sponsored by GSA

FAR (48 CFR) 53.110

1 AU

Friant Dam, California Solicitation No. 140R2024Q0013

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Nimbus Fish Hatchery Terminal Structure Slide Gate System Repair

B.1 PRICE SCHEDULES

(a) Quotes will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(b) Quotes are subject to the terms and conditions of this solicitation.

(c) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory

Work, for CLIN 0010.

B.2 DEFINITIONS

(a) CLIN – Contract Line Item Number.

CLIN Section Supplies or Services Quantity and Unit

Unit

Price

Amount

0010 WBR

1452.232-81

Mobilization

& Preparation

For the lump sum of $

0020 C - SOW Construction – Office

Recarpeting For the lump sum of $

TOTAL FOR PRICE SCHEDULE $ ______________

Friant Dam, California Solicitation No. 140R2024Q0013

Price Schedule

B - 2

B.2. Prevision:

WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND MAR 2022

PREPARATORY WORK SCHEDULE LINE

ITEM – BUREAU OF RECLAMATION

The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line item should not exceed 10 percent of the total bid price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the percentage stated herein.

END OF SUPPLIES OR SERVICES AND PRICES

STATEMENT OF WORK

1.0 INTRODUCTION:

1.1 South-Central California Area Office (SCCAO) Friant Dam: The main O&M office building at Friant Dam requires recarpeting of Office 6 and its conference room. The project shall consist of removal and disposal of the existing carpet and baseboards. The Contractor shall procure new carpet tiles and baseboards to be installed in the designated work areas.

2.0 SCOPE:

2.1 Licensed Contractors shall install carpet tiles in the conference room over an area of approximately 744 square feet (82.7 square yards) of floorspace and accompanying rubber baseboards of approximately

115.3 linear feet. Contractors shall also install carpet tiles over in Office 6 over an area of approximately

180.5 square feet (20.1 square yards) of floorspace and accompanying rubber baseboards of approximately

54.2 linear feet. The workspaces shall be measured by the Contractor to determine the exact quantity of carpet tiles and baseboards needed to be acquired. The Contractor shall provide all materials, equipment, labor, and skills necessary to execute, and shall provide for the safe removal and disposal of any waste materials and construction debris. Work involving removal, disposal, and installation shall be done following industry standards. Removal and disposal of the existing carpeting and baseboards shall adhere to local, state, and federal regulations.

3.0 CARPET TILE SPECIFICATIONS:

3.1 Below are the specifications of the required carpet tile or equivalent that the project is looking for:

Product Type Carpet Tile

Dye Method 100% Solution Dyed

Primary Backing Non-Woven Synthetic

Traffic Rating Heavy

Product Size 24" X 24"

Area Per Box 48 ft2

Gauge 12

Stitches 1/10"

Finished Pile Density 0.08"

Average Density 6300 oz/yd3

Total Thickness 0.219"

Tufted Yarn Weight 14 oz/yd2

Recycled Content

>25% recovered polyethylene terephthalate;

including >25% postconsumer content

Biobased Content >7% biobased content

Dye Method 100% Solution Dyed

4.0 AREA OF WORK:

4.1 The general layout of the Friant Dam O&M Office is represented by Exhibit 1.

4.2 Office 6 is represented by Exhibit 2. The office is a 13’11” by 13’2” room reduced by a 3’ by 10” protrusion by the entrance into the office.

4.3 The conference room is represented by Exhibit 3 and is a 19’6” by 38’2” room with three electrical receptacles labeled “ER” installed on the floor as shown in the above diagram.

EXHIBIT 1:

EXHIBIT 2:

EXHIBIT 3:

5.0 PROJECT LOCATION: The worksite operates from 0700 hours to 1500 hours from Monday through Friday and is located within the Fresno Metropolitan area at the following address:

Friant Dam US Bureau of Reclamation

18015 N Friant RD Friant, CA 93626

6.0 US BUREAU OF RECLAMATION (BOR) SCCAO:

1243 N Street Fresno, CA 93721

7.0 DELIVERABLES: The information provided below provides a listing of deliverables to be provided via email to the Contracting Officer(CO).

7.1 DELIVERABLE #1 (CARPET TILE SAMPLE AND TECHNICAL SPECIFICATIONS): Contractor shall ship carpet tile samples to the SCCAO Office. The accompanying carpet tile specifications shall be emailed to the CO or shipped with the carpet tile samples.

7.2 DELIVERABLE #2 (INTALLATION SCHEDULE): Contractor shall provide a schedule regarding the planned timeframe for the carpet tile installation via email to the CO.

7.3 DELIVERABLE #3 (INSTALLATION METHOD): Contractor shall submit the installation method they will be using to install the selected carpet tiles via email to the CO.

8.0 IDENTIFICATION OF CONTRACTOR EMPLOYEES: Contractor shall submit photocopies of identification cards of all contracted employees assigned to the project via email. All contracted employees shall sign-in daily at the front office. All contracted employees shall identify themselves as government contractors.

9.0 POINTS OF CONTACTS (POC): The POCs for this SOW are:

Contracting Officer’s Representative (COR):

Christian Buenrostro

Friant Dam

US Bureau of Reclamation

18015 N Friant RD

Friant, CA 93626

Phone: (559) 822-2211

Email: Cbuenrostro@usbr.gov

Project Manager : Hector Alcocer

Phone: 559-394-4487 Email: halcocer@usbr.gov

Contracting Officer (CO): Carlos Lopez

Phone: 916-978-5398 Email: aclopez@usbr.gov

Contract Specialist: Ron Gamo

Phone: 916-978-4304 Email: rgamo@usbr.gov

Solicitation No. 140R2024Q0013 j

D-1

SECTION D - PACKAGING AND MARKING

There are no clauses in this section.

E-1

SECTION E - INSPECTION AND ACCEPTANCE

Clause

Title

Date

52.246-12

Inspection of Construction

AUG 1996

F-1

SECTION F - DELIVERIES OR PERFORMANCE

Clause

Title

Date

52.242-14

Suspension of Work

APR 1984

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984

COMPLETION OF WORK

The Contractor shall be required to

(a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 30 calendar days after the date the

Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAR 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $200.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the California Great Basin Regional Office, 2800

Cottage Way, Sacramento, California 95825-1898.

G.2 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G-2

G.3. WBR 1452.201-80 CONTRACTING OFFICER’S MAY 2018

REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS – BUREAU OF

RECLAMATION

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting

Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting

Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the

Contracting Officer is authorized to determine if a change is within the scope of the contract;

therefore, the COR does not have the authority to, and may not, issue any technical direction that

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the

COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the

Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting

Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the

Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction

G-3 is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 - INTERMEDIATE MILESTONES AND LIMITATIONS

A) The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation.

a) The contractor shall complete all work in accordance with Section F and in accordance with all sections in the SOW.

B) WBR 1452.242-80 POSTAWARD CONFERENCE—BUREAU MAR 2022

OF RECLAMATION

(a) Prior to the Contractor starting work, a post-award conference (as described in FAR

Subpart 42.5), will be convened by the contracting activity or contract administration office.

The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held by conference call.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting

Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its quote.

e) (End of clause)

I-1

SECTION I - CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

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

FAR Clauses Title Date

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

JUN 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-1 Approval of Contract DEC 1989

52.204-2 Security Requirements. MAR 2021

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JAN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

http://www.acquisition.gov/browse/index/far(FAR

I-2

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV2021

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.207-5 Option to Purchase Equipment FEB 1995

52.208-9 Contractor Use of Mandatory Sources of Supply or

Services

MAY 2014

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus

NOV 2021

52.211-15 Defense Priority and Allocation Requirements APR 2008

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services)

SEPT 2023

52.215-21 Requirements for Certified Cost or Pricing Data and

Data Other Than Certified Cost or Pricing Data-

Modifications

NOV 2021

52.216-23 Execution and Commencement of Work APR 1984

52.216-24 Limitation of Government Liability APR 1984

52.219-1 Small Business Program Representations SEP 2023

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.219-13 Notice of Set-Aside of Orders MAR 2020

52.219-28 Post-Award Small Business Program Representation SEP 2023

52.219-31 Notice of Small Business Reserve MAR 2020

52.219-32 Orders Issued Directly Under Small Business Reserves MAR 2020

52.219-33 Nonmanufacturer Rule SEP 2021

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

I-3

52.222-8 Payrolls and Basic Records JUL 2021

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination – Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

JUN 2020

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-22 Previous Contracts and Compliance Reports. FEB 1999

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-50 Combating Trafficking in Persons NOV 2021

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges of Assets FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds - Construction JUN 2020

I-4

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-18 Availability of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer – System for

Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

MAR 2023

52.233-1 Alt I Disputes - Alternate I MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law For Breach Of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-15 Construction Schedules for Construction Contracts APR 1984

52.243-5 Changes and Changed Conditions JUN 2007

52.244-6 Subcontracts for Commercial Products and Commercial Services

SEP 2023

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering – Construction OCT 2020

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) – Alternate I

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

I-5

FAR 52.225-9 BUY AMERICAN— CONSTRUCTION MATERIALS OCT 2022

(a) Definitions . As used in this clause—

Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material ) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product ” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Quoted to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products .

"Construction material " means an article, material , or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work . The term also includes an item brought to the site preassembled from articles, materials , or supplies .

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies , not construction material .

Cost of components means —

(1) For components purchased by the Contractor , the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor , all costs associated with the manufacture of the component , including transportation costs as described in paragraph (1) of this definition , plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material .

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both -

(i) An unmanufactured construction material mined or produced in the United States ; or

(ii) A construction material manufactured in the United States , if–

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both , a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material . The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron https://www.acquisition.gov/far/part-2#FAR_2_101

I-6 or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of

"cost of components ".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material .

Foreign iron and steel means iron or steel products not produced in the United States . Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States , from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States " means the 50 States, the District of Columbia, and outlying areas .

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material . In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both , the domestic content test is applied only to the iron and steel content of the construction materials , excluding COTS fasteners. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract , except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

none___________________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

I-7

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials ;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material .

However, when the basis for the exception is the unreasonable price of a domestic construction material , adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data . To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response;

I-8 if oral, attach summary.]

[Include other applicable supporting information .]

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE NOV 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition

"(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior or Bureau of

Reclamation (48 CFR Chapter 5) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

WBR 1452.237-80 SECURITY REQUIREMENTS -- MAR 2022

BUREAU OF RECLAMATION

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program

Manager or any other authorized individual responsible for technical oversight under the contract.

“Work site” means the Government facility, office, construction site, and any other area within the

Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a

Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note:

within the Department of the Interior this card is known as a DOI Access Card.) During performance

I-9 of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access

Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more.

The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification.

In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from

Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access

I-10 control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the

Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract

Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the

Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a

COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the http://www.usbr.gov/recman/DandS.html#sle

I-11 individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of

Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(…