140R2024R0015.pdf
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- Solicitation number
- 140R2024R0015
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This document is a solicitation for Phase II of the B.F. Sisk Dam SOD Modifications project, located 12 miles west of Los Banos, California. The work required includes constructing a shear key, berms, and internal drainage zones at several locations along the dam, developing borrow areas, installing toe drains and instrumentation, constructing a new drainage ditch and equipment laydown yard, and building new permanent access roads.
The estimated cost range for the project is between $250,000,000 and $500,000,000. The performance period is 1,095 calendar days after the notice to proceed is issued. This is an unrestricted procurement under NAICS code 237990 with the applicable $45.5 million size standard. The Bureau of Reclamation in the California-Great Basin Region is the contracting agency. Proposals are due by January 13, 2025.
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U.S. Department of the Interior Specifications No. 20-C0940 November 2024
B.F. Sisk Dam
SOD Modifications, Phase II
San Luis Unit, West San Joaquin Division, Central Valley Project, California
California-Great Basin Region
TABLE OF CONTENTS
SECTION A - Solicitation, Offer and Award Form (SF 1442)
SECTION B - Pricing Schedule
SECTION C - Specifications/Appendices
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 CALL
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
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
CGB-Great Basin, Region 10 Division of Acq, 2800 Cottage Way, Room e-1815 Sacramento CA 95825
Roxana Ahola 9169785549
1x 11/12/2024
140R2024R0015
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
A. Title: B.F. Sisk Dam SOD Modifications, Phase II
B. Work Site location: BF Sisk Dam, 12 miles west of Los Banos, CA
C. Site Visit Information: See Section L, FAR 52.236-27 Site Visit (Construction) -
Alt. 1
D. Estimated Price Range: The estimated cost of this project is between
$250,000,000.00 and $500,000,000.00.
E. Set Aside Information: This requirement is an unrestricted procurement using
NAICS 237990 and applicable size standard of $45.5 million.
F. Refer to Section L (Instructions to Offerors) for additional proposal requirements.
G. All inquiries pertaining to this solicitation (except where noted for the site visit) shall be submitted in writing to both the Contract Specialist, Roxana Ahola at rahola@usbr.gov and Contracting Officer, Abelardo (Carlos) Lopez at aclopez@usbr.gov no later than 12:00 PM Pacific, December 16, 2024. Responses pertinent to all prospective offerors will be included in an amendment to the solicitation.
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 1095 calendar days and complete it within ________________ ________________ calendar days after receiving
01/13/2025
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. 12/2022)
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 THE UNITED STATES CODE AT
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 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
28. NEGOTIATED AGREEMENT 29. AWARD
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.) Contractor agrees to furnish
10 U.S.C. 3204(a) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 12/2022) BACK
Continued...
and return
(Contractor is not required to sign this document.) Your offer on this
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
140R2024R0015
Delivery Location Code: 0011285630
Bureau of Reclamation-MP-MPCO
Mid-Pacific Construction Office
1140 West Wood Street
P.O. Box 988
Willows CA 95988-0988 US
00010 B.F. Sisk Dam SOD Modifications, Phase II
Pricing Schedule:
CLIN 1-59
Product/Service Code: Z2KA
Product/Service Description: REPAIR OR ALTERATION
OF DAMS
Period of Performance: 06/02/2025 to 06/02/2028
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation No.: 140R2024R0015, B. F. Sisk Dam SOD Modifications, Phase II San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
Price Schedule
B - 1
CONTINUATION OF
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.F. SISK DAM
SOD MODIFICATIONS, PHASE II
SAN LUIS UNIT, WEST SAN JOAQUIN DIVISION, CENTRAL VALLEY PROJECT,
CALIFORNIA
B.1 PRICE SCHEDULE
(a) Offers 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) Offers are subject to the terms and conditions of this solicitation.
(c) Quantities in the Price Schedule are estimated quantities for comparison of offers only.
Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.
(d) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 1.
(e) Definitions:
(1) CLIN – Contract Line Item Number
PRICE SCHEDULE
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
1 WBR
1452.232
-81
Mobilization and Preparatory Work
For the lump sum of $
2 01 31 30 Contract Document Management System
(CDMS)
For the lump sum of $
3 01 35 50 Site Security For the lump sum of $
4 01 52 10 Government Field Office Maintenance
For the lump sum of $
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
B - 2
PRICE SCHEDULE
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
5 01 52 14 Government Field Laboratory Facility Maintenance
For the lump sum of $
6 01 55 28 Temporary Post-Mounted Traffic Signs
For the lump sum of $
7 01 56 32 Temporary Safety Fence For the lump sum of $
8 01 56 34 Exclusion Fence For the lump sum of $
9 01 57 30 Stormwater Pollution Prevention Plan (SWPPP) General Requirements
For the lump sum of $
10 01 83 13 Project Monitoring For the lump sum of $
11 02 01 80 Tule Elk Herd Management For the lump sum of $
12 05 50 00 Metal Fabrications (Miscellaneous Metalwork)
For the lump sum of $
13 10 14 54 New Post-Mounted Project Signs
For the lump sum of $
14 31 02 10 Water for Dust Abatement For the lump sum of $
15 31 02 30 Dust Palliative For the lump sum of $
16 31 03 33 Unwatering For the lump sum of $
17 31 03 33 Temporary Observation Sumps
3 sumps $ $
18 31 03 33 Dewatering Sumps 9 sumps $ $
19 31 03 33 Supplementary Dewatering Sumps Materials
3 sumps $ $
20 31 03 33 Supplementary Dewatering Sumps Installation/Removal
3 sumps $ $
21 31 03 33 Dewatering Sump Operation For the lump sum of $
22 31 09 10 Abandoning and Removing Existing Instrumentation
For the lump sum of $
23 31 09 12 Temporary Inclinometer Casings
502 lin ft $ $
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
B - 3
PRICE SCHEDULE
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
24 31 09 13 Slope Stability Monitoring Service
For the lump sum of $
25 31 09 22 Protecting Existing Instrumentation
For the lump sum of $
26 31 09 25 Vibrating-Wire Piezometers 8 vibrating-wire pie-zometers
27 31 11 00 Clearing and Grubbing 780 acres $ $
28 31 14 10 Stripping 700,000 yd3
29 31 23 11 General Excavation 86,000 yd3 $ $
30 31 23 14 Excavation of Rock Blanket Material
310,000 yd3
31 31 23 17 Excavation of Shear Key 120,000 yd3
32 31 23 21 Stockpiling of Riprap 50,000 yd3 $ $
33 31 23 22 Constructing Haul Roads For the lump sum of $
34 31 23 25 Relocating Existing Maintenance Yard Equipment
For the lump sum of $
35 31 23 70 Controlled Low Strength Material
100 yd3 $ $
36 31 24 13 Zone 1, Impervious Fill 4,700 yd3 $ $
37 31 24 14 Zone 9A, Sand Filter 50 yd3 $ $
38 31 24 14 Zone 9C, Separator 310,000 yd3
39 31 24 15 Zone 11, Gravel Drain 440,000 yd3
40 31 24 16 Zone 8, Miscellaneous Fill 14,000,000 yd3
41 31 24 17 Zone 10, Shear Key Rockfill 47,000 yd3 $ $
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
B - 4
TOTAL FOR PRICE SCHEDULE $__________________
END OF SUPPLIES OR SERVICES AND PRICES/COSTS
PRICE SCHEDULE
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
42 31 24 18 Downstream Rock Blanket Material
270,000 yd3
43 31 32 32 Non-Woven Geotextile 4,200 yd2 $ $
44 32 10 16 Remove Existing Asphalt Pavement and Base Course
660 yd3 $ $
45 32 11 23 Aggregate Base Course 500 yd3 $ $
46 32 12 22 Asphalt Concrete Pavement 500 yd3 $ $
47 32 12 30 Gonzaga Road Maintenance For the lump sum of $
48 32 15 10 Gravel Surfacing 6,000 yd2 $ $
49 32 31 10 Chain Link Fence 220 lin ft $ $
50 32 31 10 Removal and Disposal of Existing Chain Link Fence
300 lin ft $ $
51 32 91 19 Topsoil 920 acres $ $
52 32 92 20 Restoration and Revegetation 920 acres $ $
53 33 05 16 Precast Concrete Box Culvert For the lump sum of $
54 33 05 31 Inspection Wells For the lump sum of $
55 33 29 04 Removing Existing Toe Drain Pipes
250 lin ft $ $
56 33 46 36 12-inch Diameter Perforated HDPE Pipe
870 lin ft $ $
57 33 46 36 12-inch Diameter Nonperforated HDPE Pipe
470 lin ft $ $
58 33 46 36 Drain Cleanouts 2 drain cleanouts
59 33 46 42 Weir Boxes For the lump sum of $
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
Summary of Work 01 11 00 - 1
SECTION C
SECTION 01 11 00
SUMMARY OF WORK
The complete set of specifications are provided as Attachment 1 of Section J and are available under separate cover via Kiteworks. To obtain this file, please send an email to request the Kiteworks link to Roxana Ahola at rahola@usbr.gov and cc: Abelardo (Carlos) Lopez at aclopez@usbr.gov.
PART 1 GENERAL
1.01 LOCATION
A. Work is located approximately 12 miles west of Los Banos, California in Merced County.
1.02 SUMMARY OF WORK
A. Construct shear key at SW165.
B. Construct berms and internal drainage zones at each of the following locations along the dam: SW165, NVS, and SVS.
C. Develop Basalt Hill Quarry, Borrow Areas 12, 14, 20 and 21 to provide materials for use as part of this contract.
D. Install toe drains, inspection wells and weir boxes at SW165.
E. Install new instrumentation and abandon or protect existing instrumentation.
F. Construct new drainage ditch and backfill existing ditch downstream of NVS-SVS area.
G. Install precast concrete box culvert to allow for traffic over new drainage ditch.
H. Construct new equipment laydown yard.
I. Construct new permanent access roads.
1.03 PRINCIPAL COMPONENTS OF WORK
A. General:
1. Maintaining Government Field Office and Government Laboratory Facility, each complete with utilities.
2. Obtaining necessary permits.
3. Installation and monitoring of environmental mitigation measures and protection of species.
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
01 11 00 - 2
B. Material Processing and Supply:
1. Blasting.
2. Material processing, washing, and stockpiling.
3. Supplying and transporting materials.
4. Transporting materials from on-site borrow areas or commercial sources.
C. Earthwork:
1. Removal and control of water.
2. Excavation of existing rock blanket materials.
3. Excavation of foundation materials for shear key.
4. Foundation preparation, cleaning, and support for mapping.
5. Excavation from borrow areas.
6. Excavation from quarry.
7. Placing shear key earthfill materials.
8. Placing transverse finger drain and drainage blanket materials.
9. Placing berm earthfill materials.
10. Placing rock blanket material.
11. Furnishing and placing controlled low strength material (CLSM).
12. Placing filter and drainage materials.
13. Constructing haul roads.
14. Constructing toe drains.
15. Constructing a new maintenance yard pad.
16. Relocating existing surface drainage channels.
D. Instrumentation:
1. Abandoning and removing existing instrumentation.
2. Furnishing and installing temporary inclinometers.
3. Slope stability monitoring.
4. Groundwater and seepage instrumentation and monitoring.
5. Protecting existing instrumentation.
E. Exterior Improvements:
1. Furnishing and placing gravel surfacing for new roads. Restoring existing roads damaged by haul activities.
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
01 11 00 - 3
2. Restoration and revegetation of borrow areas and use areas.
3. Removing asphalt road under NVS-SVS berm.
4. Placing recycled asphalt for surfacing for maintenance yard.
5. Work associated with meeting environmental permit and work plan requirements.
F. Utilities:
1. Coordination with PG&E for project power needs.
2. Constructing toe drains.
1.04 SPECIFICATIONS REQUIREMENTS
A. Requirements in Division 1, General Requirements, apply to Divisions 2 through 53.
B. Imperative statements in these specifications are Contractor requirements, unless otherwise stated.
C. Where specifications are written in streamlined form, words “shall be” are included by inference where a colon (:) is used within sentence or phrase.
D. Laboratory testing shall be performed in accordance with the current version of the applicable ASTM and Reclamation standards, unless otherwise noted.
1.05 DEFINITIONS
A. When specifications use a word or term defined in Federal Acquisition Regulations (FAR), definition of the word or term shall be in accordance with FAR sections in effect at the time solicitation was issued.
1.06 ACRONYMS
A. The following acronyms apply to specifications Divisions 1 through 53:
1. CDFW: State of California Department of Fish and Wildlife.
2. CO: Contracting Officer.
3. COR: Contracting Officer’s Representative.
4. DWR: State of California Department of Water Resources.
5. NVS: North Valley Section.
6. PG&E: Pacific Gas and Electric.
7. Reclamation: Bureau of Reclamation.
a. Certain older publications and methods described or referenced in the specifications have not been updated to the new “Reclamation” acronym and use the older “USBR” acronym.
San Luis Unit, West San Joaquin Division, Central Valley Project, California Specifications No. 20-C0940
01 11 00 - 4
8. State Parks: California Department of Parks and Recreation.
9. SR: State Route.
10. SVS: South
11. SW: Slopewash.
12. SW165: Enlarged stability berm centered at station 165+00.
13. Zoned earthfill (or zoned embankment): An embankment composed of well-defined zones of selected materials.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
San Luis Unit, West San Joaquin Division, Central Valley Project, California
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
52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedules for Construction Contracts APR 1984
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 7 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 1,095 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
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 $15,735 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
G-3 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 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.”
(End of clause)
G.4 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT FEB 2021
REQUIREMENTS – INVOICE PROCESSING
PLATFORM (IPP)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Concurrent to submitting an invoice in IPP, the contractor shall submit supporting documentation to the contracting officer at sha-mpr-acqconbrinv@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.
When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor
G-4
Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No.
1 - $5,678).
Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.
Support documents must include, but are not limited to, the following documents:
Construction Invoice Monthly Certificate of Labor Conformance Subcontractor / Supplier Payment Summary
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
G.5 DOI-AAAP 0050 NOTICE TO CONTRACTORS DEC 2015
CONTRACTOR PERFORMANCE
ASSESSMENT REPORTING SYSTEM
FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.
The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.
Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted
G-5 access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
All information provided should be reviewed for accuracy prior to submission.
If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
The following guidelines apply concerning your use of the past performance evaluation:
Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Local Clause)
H-1
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 Intermediate Milestones and Limitations
The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation.
01 14 12 Work Restrictions 01 14 20 Reservoir Operations 01 57 60 Protected Species
H.2 Substitution of Key Personnel
a) The Contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract. No substitutions of key personnel shall be made except in accordance with this clause.
b) Guidance on Substitutions. During the contract performance period, no personnel substitutions by the contractor will be made unless substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (c) below.
c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting officer. All proposed substitutes must have qualifications equal to or higher than the qualification of the person being replaced. The Contracting Officer or their authorized representative will evaluate such requests and promptly notify the Contractor of the approval or disapproval thereof.
H.3 WBR 1452.242-80 POSTAWARD CONFERENCE— MAR 2022
BUREAU 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 at the via MS Teams invite.
(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.
H-2
San Luis Unit, West San Joaquin Division, Central Valley Project, California
(d) The contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.
Small Business Participation Document:
The contractor’s Small Business Participation Document (SBPD) shall be incorporated into the contract, and the contractor shall submit semi-annual reports on compliance with the SBPD. The report shall be submitted concurrent with the subcontract reports submitted in the eSRS system as required by FAR 19.704(a)(10)(iv) and in a format determined by the contractor. The report shall address compliance with the commitments made to small and socioeconomic businesses.
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
52.202-1
Definitions
JUN 2020
52.203-3 Gratuities APR 1984 52.203-5
Covenant Against Contingent Fees
MAY 2014
52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
52.203-10
Price or Fee Adjustment for Illegal or Improper Activity
52.203-12 Limitations on Payments to Influence Certain Federal Transactions
JUN 2020
52.203-13. Contractor Code of business Ethics and Conduct NOV 2021
52.203-17
Contractor Employee Whistleblower Rights
NOV 2023
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
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
I-2
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
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 52.215-2 Audit and Records-Negotiation JUN 2020
52.215-8 Order of Precedence - Uniform Contract Format OCT 1997
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data – Modifications JUN 2020
52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications JUN 2020
52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications
52.219-8
Utilization of Small Business Concerns
FEB 2024
52.219-9 Alt II Small Business Sub-Contracting Plan (NOV 2016) – Alt II SEP 2023
52.222-3
Convict Labor
JUN 2003
52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation MAY 2018
52.222-6
Construction Wage Rate Requirements
AUG 2018
52.222-7
Withholding of Funds
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)
52.222-12
Contract Termination – Debarment
52.222-13
Compliance with Construction Wage Rate Requirements and Related Regulations
52.222-14
Disputes Concerning Labor Standards
FEB 1988
52.222-15
Certification of Eligibility
52.222-21
Prohibition of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-27
Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-34 Project Labor Agreement JAN 2024 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020
I-3
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022
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 52.223-3 Alt I Hazardous Material Identification and Material Safety Data (JUL
1995) – Alternate I
FEB 2021
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-23 Sustainable Products and Services MAY 2024
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving
MAY 2024
52.227-1
Authorization and Consent
52.227-2
Notice And Assistance Regarding Patent And Copy Infringement
52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work on a Government Installation JAN 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
52.229-3
Federal, State And Local Taxes
FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-17 Interest MAY 2014
52.232-23
Assignment Of Claims
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 Payment to Small Business Subcontractors
MAR 2023
52.233-1 Alt I
Disputes - Alternate I (DEC 1991)
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law For Breach Of Contract Claim
OCT 2004
I-4
52.236-2
Differing Site Conditions
52.236-3
Site Investigation and Conditions Affecting the Work
52.236-5
Material and Workmanship
52.236-6
Superintendence by the Contractor
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
52.236-10
Operations and Storage Areas
52.236-11
Use and Possession Prior to Completion
52.236-12
Cleaning Up
52.236-13 Alt I
Accident Prevention (NOV 1991) – Alt I
NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984 52.236-16 Alt I Quantity Surveys (APR 1984) – Alt I APR 1984 52.236-17 Layout of Work APR 1984
52.236-21 Alt I Specifications and Drawings for Construction (FEB 1997) – Alternate I
FEB 1997
52.236-26 Preconstruction Conference FEB 1995 52.242-13
Bankruptcy
JUL 1995
52.243-4 Changes JUN 2007 52.244-6
Subcontracts for Commercial Products and Commercial Service
FEB 2024
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) (SEP 1996) – Alternate I
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991
I-5
WBR 1452.215-87 INCORPORATION OF TECHNICAL MAR 2021
PROPOSAL – BUREAU OF RECLAMATION
All or parts of the successful offeror's technical proposal are hereby incorporated, either physically or by reference, into this contract. The portions and their location in the contract are as follows:
Description Location in Contract
(End of Clause)
WBR 1452.223-81 SAFETY AND HEALTH - OCT 2022
(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to an employee’s health or safety.
b) Contractor shall comply with the most current version of the Bureau of Reclamation’s Reclamation Safety and Health Standards (RSHS) and, if incorporated, 52.236-13 Accident Prevention.
The RSHS manual shall be obtained at:
http://www.usbr.gov/safety/rshs/index.html
(c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, www.osha.gov.
(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, or in the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail.
(e) If required in the SOW or PWS, the Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.
(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.
(g) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract.
I-6
WBR 1452.232-80 LIMITATION OF FUNDS MAR 2022
(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for this contract will be made available in accordance with this clause. This statute permits the Secretary of the Interior to enter into contracts which will cover such periods as the Secretary may consider necessary but in which liability of the United States shall be contingent upon appropriations being made therefore. For purposes of this clause, the term "appropriations" includes the Bureau of Reclamation’s subsequent allocation of funds for this contract.
(b) Incremental funding in the amount of $(to be filled in at time of award) is presently available for payment and allotted under this contract. This present funding allotment is contemplated to cover the work to be performed until (to be filled in at time of award). A schedule for anticipated future funding allotments is as follows. This information is for planning purposes only and may not be fully representative of the funds actually allotted under this contract:
FISCAL YEAR FUNDING AMOUNT
FISCAL YEAR FUNDING AMOUNT
On award of Contract FY 2025 – 55% of contract value Remaining Funding FY 2026 – 45% of contract value
(c) For work identified in paragraph (b) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of specified work for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor shall not be obligated to continue performance of this work beyond that point. The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for this work notwithstanding any contrary provisions of the Termination for Convenience of the Government clause of this contract.
(d) Notwithstanding the date specified in paragraph (b) of this clause, the Contractor shall notify the Contracting Officer in writing at least sixty days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 75 percent of the total amount then allotted to the contract for performance of work identified in paragraph (b) of this clause. The notification shall state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of the work up to the next scheduled date for allotment of funds identified in paragraph (b) of this clause, or to a mutually agreed upon substitute date. The notification shall also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of work funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (b) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's
I-7 notification, or by an agreed substitute date, the Contracting Officer shall terminate any work for which additional funds have not been allotted, pursuant to the Termination for Convenience of the Government clause of this contract.
(e) When additional funds are allotted for continued performance of the work identified in paragraph (b) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (c) through (e) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly through revision of paragraph (b) of this clause. The Contracting Officer is the only person authorized to provide notice, communication, or other form of representation to increase or decrease the amount of funds allotted by the Government to this contract. . If agreement cannot be reached, the Contracting Officer will make a final decision as to the period of contract performance that will be covered by the funds. This decision may be appealed by the Contractor under the Disputes clause of the contract.
(f) If, solely by reason of failure of the Government to allot additional funds in amounts sufficient for timely performance of the work identified in paragraph (b) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of work, or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.
(g) The Government may at any time prior to termination allot additional funds for the performance of the work identified in paragraph (b) of this clause.
(h) The termination provisions of this clause do not limit the rights of the Government under the Default clause of this contract. The provisions of this clause are limited to the work and allotment of funds as set forth in paragraph (b) of this clause. This clause is inapplicable once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (e) or (f) of this clause.
(i)…
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