Solicitation140R2024R0022.pdf

Solicitation No.140R2024R0022

Battle Creek – South Diversion Dam and Canal Removal

Battle Creek Salmon and Steelhead Restoration Project

California-Great Basin Region, California

Specifications No. 20-C0882

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Table of Contents - Page 1 of 1

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

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Solicitation No. 140R2024R0022

Battle Creek – South Diversion Dam and Canal Removal

Battle Creek Salmon and Steelhead Restoration Project, California Specifications No. 20-C0882

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

South Diversion Dam and Canal Removal

Battle Creek Salmon and Steelhead Restoration Project

B.1 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION MAR 2022

AND 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 15 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.

B.2 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-

Mobilization and Preparatory

Work

For the lump sum of $

B - 2

PRICE SCHEDULE

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

2 01 31 30 Contract Document

Management System

For the lump sum of $

3 01 33 00 Submittals Requiring Federal

Energy Regulatory

Commission (FERC) Review

For the lump sum of $

4 01 52 10 Government Field Office For the lump sum of $

5 01 57 30 Compliance with State Water

Resources Control Board

Construction General Permit

For the lump sum of $

6 01 57 30 Compliance with State Water

Resources Control Board

Water Quality Certification

For the lump sum of $

7 02 14 10 South Diversion Dam

Demolition

For the lump sum of $

8 02 14 10 Soap Creek Feeder Diversion

Dam Demolition

For the lump sum of $

9 02 14 10 Lower Ripley Creek Feeder

Diversion Dam Demolition

For the lump sum of $

10 02 14 10 Bridges Demolition For the lump sum of $

11 02 14 10 Concrete Demolition 350 yd3 $ $

12 02 14 10 Electrical Demolition For the lump sum of $

13 02 14 10 Miscellaneous Metalwork

Demolition

For the lump sum of $

14 02 14 10 Galvanized Miscellaneous

Metalwork Demolition

For the lump sum of $

15 02 14 10 Flume Demolition For the lump sum of $

16 02 14 10 Pipe Demolition For the lump sum of $

17 03 40 00 Pre-Packaged Concrete 30 yd3 $ $

18 05 50 00 Miscellaneous Metalwork For the lump sum of $

19 31 02 10 Dust Abatement For the lump sum of $

20 31 03 14 Diversion and Care of

Stream Flows for Dam

Removals

For the lump sum of $

21 31 11 00 Clearing and Grubbing for

South Diversion Dam

1.0 acres $ $

22 31 11 00 Clearing and Grubbing for

South Canal

4.0 acres $ $

23 31 11 00 Clearing and Grubbing for

Soap Creek Feeder Diversion

Dam

0.5 acres $ $

B - 3

PRICE SCHEDULE

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

24 31 11 00 Clearing and Grubbing for

Lower Ripley Creek Feeder

Diversion Dam

1.0 acres

25 31 23 17 Miscellaneous Backfill For the lump sum of $

26 31 23 20 Common and Rock

Excavation

For the lump sum of $

27 32 31 10 Chain Link Fence 185 lin ft $ $

28 32 31 30 Barbed Wire Fence 13,000 lin ft $ $

29 32 91 19 Placing Topsoil For the lump sum of $

30 32 92 20 Seeding For the lump sum of $

TOTAL FOR PRICE SCHEDULE $_________________

END OF SUPPLIES OR SERVICES AND PRICES

B - 4

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D-1

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

Specification 20-C0882 and drawings are attached to Section 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

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 700 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 $3,500 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.

California-Great Basin Region, California

H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

All work for the Battle Creek Salmon and Steelhead Restoration Project is being performed in coordination with Pacific Gas and Electric Company (PG&E) under a re-licensing agreement with the Federal Energy Regulatory Commission (FERC). The work is being performed on

PG&E lands or lands for which they have rights and easements. As such, Reclamation and

PG&E executed a Construction and Access Agreement (CAA), see Section J, Attachment 7.

The below special contract requirements are taken from that agreement.

H.1 Licensed Requirements

All work under this contract shall be performed by a fully licensed contractor in the State of

California.

H.2 Requirements Related to Power Facilities

The following documents incorporate requirements necessary for performing work on PG&E facilities and all contractors shall comply with these conditions:

a. Exhibit 3 of the CAA – PG&E Standard PG-2071P-01, "Entry Procedures for Visitors to

Hydro Facilities", dated 05/13/2020, Rev1.

b. Exhibit 4 of the CAA – PG&E Standard PG-1404P-01, "Power Generation Clearance and

Tagging Procedures – Lockout Tagout", dated 06/03/2021, Rev2.

c. Exhibit 5 of the CAA – California ISO, "CAISO Business Practice Manual for Outage

Management", dated March 31, 2021.

H.3 Additional Drug and Alcohol Testing Requirements

Each contractor is required to comply with PG&E's polices regarding drug and alcohol testing

(including submitting to PG&E's reasonable authority to remove contractors who are suspected of being under the influence of drugs or alcohol or are otherwise engaged in conduct that is erratic or unsafe), as provided in Exhibit 6 of the CAA.

H.4 Dispute Resolution between Contractors and PG&E

Each contractor shall comply with the dispute resolution provisions set forth in Section 14 of the

Memorandum of Understanding signed in 1997. This provision states as follows:

"In the event anyone of the Parties to this MOU believes there is an issue regarding the interpretation of, or compliance with, any provision of this MOU, other than an issue involving determining protocols for funding prescribed instream flow release increases utilizing the Water

Acquisition Fund or the Adaptive Management Fund, that Party shall provide written notice of that issue to each of the other Parties. The Parties will then meet within thirty (30) days of the written notice, or at a later date by mutual agreement, in an effort to resolve the issue. If resolution is not achieved, PG&E and the Agencies (collectively) will each choose a person, and together those two persons will choose a single third party who will act as mediator. PG&E and the Agencies shall make their respective choice within fourteen (14) days from the date of any determination that resolution has not been achieved, and the third party mediator shall be chosen no later than forty-five (45) days from such date of determination that resolution has not been achieved. These items may be extended by mutual agreement of the Agencies and PG&E. If

H-2 resolution through non-binding mediation is still not achieved, the Agencies and PG&E shall petition FERC to resolve the subject dispute for those actions within FERC's jurisdiction. Any such petition shall include the administrative record of the mediation process. Agencies and

PG&E will be responsible for assuming their respective costs for any such FERC process. For those issues falling outside the scope of FERC's jurisdiction, where anyone of the Parties fails to achieve resolution through the dispute resolution process described above, then any one of the

Parties may seek any available appropriate administrative and/or judicial remedies."

Each contractor agrees to comply with the dispute resolution provisions with regard to any and all disputes that may arise between the Contractor and PG&E.

H.5 Warranty and Guarantees

Reclamation will transfer all completed construction work to PG&E. All warranties and guarantees (see FAR Clause 52.246-21 referenced in Section I) from contractors for quality, performance and workmanship of the work performed and all conditions shall be transferred to

PG&E via formal letter at the direction of Reclamation.

H.6 Confidentiality Requirements

Contractors shall comply with any and all requirements, including confidentiality, for Critical

Infrastructure Information relating to FERC Project No. 1121 as determined by FERC or PG&E

(see https://www.ferc.gov/enforcement-legal/ceii/electronic-ceii-request-form).

H.7 Insurance and Indemnification Requirements

Consistent with the requirements set forth in Exhibit 7 of the CAA, all contractors, and to the extent permitted by law, shall indemnify, defend and hold harmless PG&E, except for PG&E’s own negligence or willful malfeasance, any and all personal injury, property damage, or other losses or damage claimed by third parties from actions in connection with or arising out of the obligations of the CAA. With regard to any dispute with which Reclamation’s contractor asserts that Reclamation is at fault for the damages or liability described in this section, the contractor must indemnify, defend and hold harmless PG&E as set forth in the CAA. Nothing in this section prohibits Reclamation’s contractor from prosecuting its claims against Reclamation, as otherwise permitted by law.

Consistent with the requirements set forth in Exhibit 7 of the CAA, Reclamation’s contractors, as a requirement of construction contracts for Phase 2, shall maintain insurance policies and/or bonds (with PG&E named as “Additional Insured”) that, at no cost to PG&E, are adequate to pay for all losses or damages or repairs to PG&E's existing facilities as well as any damage to the environment caused by the contractor during construction. The contractors shall have in force adequate workers compensation and third party injury and property damage liability insurance, and each contractor shall name PG&E as an “Additional Insured” under such policies. All insurance policies referenced in this Section 10 shall be in force from the time of implementation of construction through completion of construction.

Unless Reclamation and PG&E otherwise agree in writing, in no event shall the contractor’s overall insurance liability limit be less than $10,000,000 per occurrence. Coverage shall be at least as broad as the Insurance Services Office Commercial General Liability Coverage

“occurrence” form, including blasting. Work that involves blasting shall not be covered by an

H-3 insurance policy that contains an explosion, collapse, blasting or underground exclusion or any other exclusion that may otherwise negate the insurance coverage for this activity. Other minimal terms and conditions of insurance and indemnity to be provided by contractors performing work on Phase 2 to protect PG&E are included in Exhibit 7 of the CAA.

With regard to any disputes between the contractors and PG&E regarding the insurance or indemnity obligations set forth in Section 8 and Exhibit 7 of the CAA, contractor shall first comply with the dispute resolution procedure set forth in Section 12 of the CAA, and if such dispute is not resolved with PG&E that the contractor shall agree to use binding arbitration to resolve all such claims including the award of attorneys’ fees and costs to the prevailing party in such an arbitration.

H.8 Contractor Damages

Each contractor shall not seek from PG&E any incidental, special, or consequential damages, including, but not limited to, loss of profits.

H.9 Other Requirements

In addition to the above special contract requirements in Section H.1 through H.8, each contractor is responsible for complying with any other provisions of the CAA.

H.10 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.

Part 1: Limitations on when the contractor can work by Federal, State, or Local Law, Regulation, Ordinance or other legal restraint. The contractor is advised that specifications

Section 01 11 00 – Summary of Work, Part 3 on Schedule Restrictions, specifically limits the time the contractor can work on site, work in-stream, install bat gates, access certain portion of

South Canal, perform clearing, and apply seeding. Specifications Section 01 11 00, Part 3, carries the full weight of Section H. Reclamation may extend these periods by modification in the event there is a regulatory change or easing of requirements.

Part 2: Reclamation will issue only one Notice to Proceed (NTP) that start the period of performance and allows the contractor to proceed with the Required Submittal Numbers (RSNs) preparation. Onsite construction is authorized after the submittals requiring Federal Energy

Regulatory Commission (FERC) review are approved.

a. Specifications Section 01 33 00 – Submittals, Part 1.06.A.2 lists specific RSNs with long lead times that the contractor shall promptly address in order to provide the contractor the best opportunity to meet critical milestones and allow the contractor to start construction this year based upon the response of PG&E, regulators, and FERC.

i. Onsite construction work shall only begin after FERC has reviewed and provided final approval of the RSNs, that will include FERC authorization to proceed with construction.

ii. Approximately 180 days is required from submission of the RSNs to FERC final approval.

California-Great Basin Region, California

H-4

b. Contract duration cited in FAR Clause 52.211-10 located in Section F of this solicitation starts from the NTP.

Clearing activities shall commence after Reclamation acceptance of RSN 31 11 00-1, Clearing and Grubbing Plan, other submittals identified in specifications Section 31 11 00 – Clearing and

Grubbing, Part 1.05.B, and issuance of the FERC limited approval for Clearing-Only Activity.

a. Approximately 30 days is required for FERC issuance of the Clearing-Only Activity approval after the Reclamation acceptance of required submittals.

i. Clearing-Only Activity approval allows the contractor to cut brush and trees and perform basic site clearing within the vegetation removal work window.

ii. This is not an authorization to start full onsite construction and to use mechanized equipment, except as described in the specifications Section 31 11 00 – Clearing and Grubbing.

H.11 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.

(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

California-Great Basin Region, California

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

52.219-8 Utilization of Small Business Concerns FEB 2024

52.219-28 Post-Award Small Business Program Representation FEB 2024

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 MAY 2014

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

52.222-19 Child Labor-Cooperation with Authorities and Remedies FEB 2024

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

52.222-35 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

(July 1995) – Alternate I

FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024

52.225-11 Buy American-Construction Materials under Trade

Agreements

NOV 2023

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

52.232-18 Availability of Funds APR 1984

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)

California-Great Basin Region, California

I-4

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 Alt I Accident Prevention (NOV 1991) – Alternate I NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-16 Alt 1 Quantity Surveys (APR 1984)– Alternate I APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Alt I Specifications and Drawings for Construction (APR 1984) –

Alternate I

FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.240-1

Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act-Covered Foreign

Entities

NOV 2024

52.242-13 Bankruptcy JUL 1995

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Products and Commercial

Service

NOV 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

California-Great Basin Region, California

I-5

WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION – MAR 2022

BUREAU OF RECLAMATION

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting

Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.

(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

(End of clause)

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 1452.223-80 ASBESTOS-FREE WARRANTY – AUG 2021

BUREAU OF RECLAMATION

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available.

I-6

WBR 1452.223-81 SAFETY AND HEALTH - OCT 2022

BUREAU OF RECLAMATION

(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.

WBR 1452.232-81 PAYMENT FOR MOBILIZATION MAR 2022

AND PREPARATORY WORK –

BUREAU OF RECLAMATION - ALTERNATE I (MAR 2022)

(a) General. Payment for the Mobilization and Preparatory Work line item of the schedule will be made as reflected herein. To the extent that this line item exceeds the percentage of total contract pricing as estimated by the Contracting Officer in WBR 1452.236-85, Instruction for

Mobilization and Preparatory Work Schedule Line Item, payment will be made as reflected in

Section (d)(5) below. Reclamation will make payment to the Contractor in accordance with this clause for operations including, but not limited to, those necessary for --http://www.usbr.gov/safety/rshs/index.html https://www.osha.gov/laws-regs/regulations/standardnumber http://www.osha.gov/

I-7

(1) Movement of personnel, equipment, supplies, and incidentals to the project site;

(2) The establishment of offices, buildings, plants and other facilities, at the site (excludes temporary buildings (e.g. storage sheds, shops, offices) and utilities listed in the Operations and Storage Areas clause of this contract;

(3) Payment of premiums for project bonds and insurance; and

(4) Other work and operations which must be performed or costs incurred incident to the initiation of meaningful work at the site and for which the contract does not otherwise provide for payment.

(b) Facilities and equipment covered by mobilization work.

(1) All facilities, plant, and equipment which are established at, or brought to, the site shall be deemed to be subject to the provisions of this paragraph unless the Contracting Officer specifically provides other written authorization for a particular item or items.

(2) The Contractor shall be solely responsible for the adequacy, efficiency, use, protection, maintenance, repair, and preservation of all facilities, plant, and equipment on site.

(3) The facilities, plant, and equipment covered by this paragraph shall not be dismantled or removed from the site prior to completion of the work under the contract without the written authorization of the Contracting Officer.

(c) Termination for default. Should the Contractor be terminated for default as provided by the

Default clause of this contract --

(1) All facilities, plant, and equipment on the site shall be subject to the Government's right to take possession of and utilize such items for the purpose of completing the work;

(2) The Contractor shall provide evidence of encumbrances, liens, or other security interests, to the Contracting Officer; and

(3) Any encumbrance, lien, or other security interest on such facilities, plant, or equipment shall be subordinated to the Government's rights under the Default clause of this contract to utilize all facilities, plant, and equipment to complete the work under the contract.

(d) Payment.