140R3018B0005_Invitation_for_Bid.pdf

Bid No. 140R3018B0005 Contract No.

WQIC Metal Roof Replacement & Exterior Striping, Yuma, Arizona

Woman Owned Small Business (WOSB) Set Aside

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Region 2018 Boulder City, Nevada

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Foreword Document No.

140R3018B0005

Document Title WQIC Metal Roof Replacement & Exterior Striping, Yuma, Arizona

FOREWORD

The Bureau of Reclamation, Lower Colorado Region, has a requirement to perform construction work to demolish the roof of the Water Quality Improvement Center (WQIC), install a new roof, and paint the strip around the building. The work is located at the Yuma Desalting Plant, in Yuma, Arizona.

This acquisition is being procured under Federal Acquisition Regulations Part 14, Sealed Bidding, and is issued as an Invitation for Bid (IFB) – Sealed Bid.

In accordance with Federal Acquisition Regulation (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, this construction project is estimated to be between $250,000.00 and $500,000.00.

SITE VISIT: See Section L.8, FAR 52.236-27 Site Visit (Construction) for information regarding the organized site visit.

Attendance at the conference and site visit is not mandatory but is highly recommended. Failure by prospective bidders to inspect the site will not relieve prospective bidders from the responsibility of properly estimating the difficulty or cost of successfully performing the work in accordance with the contract requirements.

WRITTEN QUESTIONS Requesting Clarification. Offerors may submit written questions requesting clarification of bid requirements. All questions shall be received no later than 2:30 p.m. Pacific Time, March 23, 2018. ONLY WRITTEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted should contain the following information: document name, document date, specific page, paragraph, clause or other definitive citation for which clarification is requested. All questions shall be submitted electronically via email to Luis Gallardo, contract specialist, lgallardo@usbr.gov. Answers will be provided to only questions submitted in writing, and all answers will be provided in an amendment through the Federal Business Opportunities website at www.fbo.gov.

FOR DATE AND TIME OF RECEIPT OF BIDS, see Standard Form 1442 (Solicitation, Offer and Award) in Section A. Submission of Bids. All responses shall be clearly marked on the outside package with the Bid No. 140R3018B0005. Bids shall be sent to: Bureau of Reclamation, Lower Colorado Region, ATTN: Luis Gallardo, constract specialist, LC-10304**TO BE OPENED BY ADDRESSEE ONLY**, 7301 Calle Agua Salada, Yuma, AZ 85364.

For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" (2009 Edition as revised, with revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html) which is applicable to work under this contract, see clause WBR 1452.223-81 Safety and Health.

WBR 1452.222-901 NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE INTERIOR

CONTRACTORS, SUBCONTRACTORS, AND LESSORS--BUREAU OF RECLAMATION--LOWER

COLORADO REGION (DEC 1999)

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors, and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

http://www.fbo.gov/ http://www.usbr.gov/ssle/safety/RSHS/rshs.htm

Foreword Document No.

Document Title WQIC Metal Roof Replacement & Exterior

Table of Contents Document No.

Document Title WQIC Metal Roof Replacement & Exterior i

FOREWORD

TABLE OF CONTENTS i

SECTION A – Solicitation Offer and Award (SF-1442) A-1

SECTION B – Supplies or Services and Prices

B.1 Schedule of Supplies/Services B-1

SECTION C – Descriptions and Specifications C.1 Statement of Work/Specifications/Work Statement C-1

SECTION D – Packaging and Marking (There are no clauses in this section) D-1

SECTION E – Inspection and Acceptance

E.1 Clauses Incorporated by Reference E-1

SECTION F – Deliveries or Performance F.1 Clauses Incorporated by Reference F-1 F.2 Commencement, Prosecution, and Completion of Work F-1

SECTION G – Contract Administration Data

G.1 Authorities and Delegations G-1 G.2 Post-Award Conference G-1 G.3 Government Administration Personnel G-2 G.4 Contractor’s Administration Personnel G-2 G.5 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) G-2

SECTION H – Special Contract Requirements

H.1 Contractor Performance Assessment Reporting System H-1

SECTION I – Contract Clauses I.1 Clauses Incorporated by Reference I-1 I.2 Updates of Publicly Available Information Regarding Responsibility Matters I-3 I.3 Equal Opportunity for Veterans I-4 I.4 Equal Opportunity for Workers with Disabilities I-4 I.5 Buy American Act – Construction Materials I-5 I.6 Bid Guarantee I-8 I.7 Specifications and Drawings for Construction I-8 I.8 Subcontracts for Commercial Items I-10 I.9 Authorized Deviations in Clauses I-11 I.10 Authorities and Limitations I-11 I.11 Restriction on Endorsements I-12 I.12 Release of Claims I-13 I.13 Asbestos Free Warranty I-13 I.14 Protecting Federal Employees and the Public from Exposure to Tobacco I-13 Smoke in the Federal Workplace I.15 Liability Insurance I-13 I.16 Safety and Health I-14 I.17 Certification of Representatives for Corporate Sureties I-15 I.18 Equipment Ownership and Operating Expense I-15 I.19 Payment for Mobilization and Preparatory Work I-17 I.20 Preservation of Cultural Resources I-18 I.21 Security Requirements I-20 I.22 Modification Proposals I-27 I.23 Safety Data Submittal Requirements I-28

Table of Contents Document No.

Document Title WQIC Metal Roof Replacement & Exterior ii

SECTION J – List of Documents, Exhibits and Other Attachments J.1 Applicability of Documents J-1 J.2 List of Contract Documents J-1

SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 Solicitation Provisions Incorporated by Reference K-1 K.2 Annual Representations and Certifications K-1 K.3 Information Regarding Responsibility Matters K-4

SECTION L – Instructions, Conditions and Notices to Bidders

L.1 Solicitation Provisions Incorporated by Reference L-1 L.2 Availability of Specifications Listed in the GSA Index of Federal Specifications, L-1 Standards and Commercial Item Descriptions, FPMR Part 101-29 L.3 Availability of Specifications Not Listed in the GSA Index of Federal L-2

Specifications, Standards and Commercial Item Descriptions L.4 Type of Contract L-4 L.5 Construction Wage Rate Requirements-Secondary Site of the Work L-4 L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment L-5 Opportunity for Construction L.7 Notice of Buy American Act Requirement-Construction Materials L-6 L.8 Site Visit (Construction) Alt I L-7 L.9 Authorized Deviations in Provisions L-7 L.10 Notice of Intent to Acquire Metric Products and Services L-7 L.11 Use and Disclosure of Proposal Information L-8 L.12 Service of Protest L-9 L.13 Notice of Proposed Partnering L-9 L.14 Instructions for Mobilization and Preparatory Work Schedule Line Items L-9

SECTION M – Evaluation Factors for Award M.1 Solicitation Provisions Incorporated by Reference M-1 M.2 Contract Award-Sealed Bidding-Construction M-1 M.3 Notice of World Trade Organization Government Procurement Agreement M-1 Evaluations

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Lower Colorado Region

Regional Office 500 Fir Street

R30

Boulder City NV 89005

USBR, LCR, ATTN: Luis Gallardo (LC-10304)

*TO BE OPENED BY ADDRESSEE ONLY*

7301 Calle Agua Salada Yuma, AZ 85364

Luis Gallardo 928-343-8129 x

03/12/2018

140R3018B0005

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

Project Title: WQIC Metal Roof Replacement & Exterior Striping, Yuma, Arizona

Scope of Work: Demolish the roof of the Water Quality Improvement Center (WQIC), install a new roof, and paint the strip around the building.

Location of Work: The work is located at the Yuma Desalting Plant, in Yuma, Arizona.

The magnitude of construction is between $250,000 and $500,000.

The North American Industry Classification System Code is 238160, Roofing

Contractors. The Small Business Size Standard is $15.0 Million for this NAICS.

This procurement is restricted as a Woman Owned Small Business (WOSB) Set-Aside.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

14 180 calendar days and complete it within ________________ ________________ calendar days after receiving

F.2

04/13/2018

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Lower Colorado Region

Regional Office 500 Fir Street

R30

Boulder City NV 89005

Nicholas Clements

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R3018B0005

FOB: Destination

00010 WQIC Metal Roof Replacement & Exterior Striping, Yuma, Arizona

(Schedule CLINs 00010-00080)

See Section B.1 Schedule of Supplies/Services

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

Sponsored by GSA

FAR (48 CFR) 53.110

Section A Solicitation, Offer and Award

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Section B Supplies or Services and Prices

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CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 SCHEDULE OF SUPPLIES/SERVICES

(a) Bids will be considered for award on the following price schedule, but no bid will be considered for award on only a part of the price schedule.

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

(c) See the contract clause WBR 1452.232-81, Payment for Mobilization and Preparatory Work for CLIN 00020.

(d) Definitions:

1. CLIN: Contract Line Item Number

2. LS: Lump Sum

CLIN SUPPLIES OR SERVICES QUANTITY UNIT AMOUNT

00010 Bonds 1 LS

00020 Mobilization and Preparatory Work 1 LS

00030 Demolition of Roof Building 13 (WQIC) 1 LS

00040 Sandwich Panels Installed Building 13

(WQIC)

1 LS

00050 Shim Section of Roof, Building 13 1 LS

00060 Paint Wall Striping (WQIC) 1 LS

00070 Remove Ridge Vent on Building 2 and Install Ridge Cap

1 LS

00080 Demobilization and all items not listed above

1 LS

TOTAL FOR SCHEDULE:

Section B Supplies or Services and Prices

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Section C Descriptions and Specifications

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SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

The Contractor shall provide and furnish all items, materials, tools, labor, transportation, consumables, and other equipment for the Water Quality Improvement Center (WQIC) Metal Roof Replacement and Exerior Striping project at Yuma, Arizona, in accordance with the attached Statement of Work/Specifications/Work Statement contained in Attachment No. 1 of this solicitation/contract.

Section C Descriptions and Specifications

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Section D Packaging and Marking

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SECTION D – PACKAGING AND MARKING

(There are no clauses in this section)

Section D Packaging and Marking

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Section E Inspection and Acceptance

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 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 the following addresses:

Federal Acquisition Regulations (FAR) clauses – https://www.acquisition.gov/far Department of the Interior Acquisition Regulations (DIAR) clauses – http://www.doi.gov/pam/programs/acquisition/pamareg.cfm Reclamation Acquisition Regulations (RAR) clauses – https://www.usbr.gov/lc/region/g3000/index.html

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.246-12 Inspection of Construction AUG 1996 https://www.acquisition.gov/far http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

Section E Inspection and Acceptance

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Section F Deliveries or Performance

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 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 http://www.doi.gov/pam/programs/acquisition/pamareg.cfm Reclamation Acquisition Regulations (RAR) clauses –

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.242-14 Suspension of Work APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APR 1984

The Contractor shall be required to (a) commence work under this contract within 14 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 150 days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises and submission of all test results and as-builts.

The period of performance may be extended by the number of calendar days resulting from any Government delay in badging/security requirements. In the event the notice to proceed is delayed due to failure of the Contractor to provide required performance/payment bonds and insurance information, the performance period may be reduced.

https://www.acquisition.gov/far

Section F Deliveries or Performance

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SECTION G

Contract Administration Data

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SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS-DEPARTMENT OF THE INTERIOR MAY 2010

(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.

(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 WBR 1452.242-80 POST-AWARD CONFERENCE --BUREAU OF RECLAMATION JUL 1993

(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) A telephone conference line will be made available for the post-award conference.

Administration Data

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

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

The contracting office representative responsible for overall administration of this contract is:

Luis Gallardo, Contract Specialist (LC-10304) Bureau of Reclamation Lower Colorado Region 7301 Calle Agua Salada Phone No.: 928-343-8129 Facsimile No.: 928-343-8568 E-mail: lgallardo@usbr.gov

Nicholas Clements, Contracting Officer (LC-10200) Bureau of Reclamation Lower Colorado Region 500 Date Street, Bldg 900 Boulder City, NV 89005 Phone No.: 702-293-8156 Fax No.: 702-293-8332 E-mail: nclements@usbr.gov

G.4 CONTRACTOR’S ADMINISTRATION PERSONNEL

The designated contractor official who will be in charge of overall administration of this contract is:

Name: ____________________________ Address: __________________________

City/State/Zip: ______________________ Phone No.: ________________________ Facsimile No.: ______________________ E-mail: ____________________________

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP)

APR 2013

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:

G.3 GOVERNMENT ADMINISTRATION PERSONNEL

mailto:lgallardo@usbr.gov https://maps.google.com/?q=500+Date+Street,+Bldg+900Boulder+City,+NV+89005&entry=gmail&source=g https://maps.google.com/?q=500+Date+Street,+Bldg+900Boulder+City,+NV+89005&entry=gmail&source=g mailto:nclements@usbr.gov https://www.ipp.gov/ https://www.ipp.gov/

Administration Data

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Copy of Contractor’s generated invoice Invoice (Construction) cover sheet Invoice (Construction) cover sheet - addendum Monthly Certificate of Labor Conformance Subcontract/Supplier Payment Summary (if applicable)

FAR 32.905(b) outlines a Proper Invoice to include:

1. Name & address of the Contractor.

2. Invoice date & number.

3. Contract number, contract line item number and, if applicable, the order number.

4. Description, quantity, unit of measure, unit price and extended price of the items delivered.

5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading.

6. Terms of any discount for prompt payment offered.

7. Name and address of official to whom payment is to be sent.

8. Name, title, and phone number of person to notify in event of defective invoice.

9. Any other information or documentation required by the contract.

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 Boston (FRBB) 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 ippgroup@bos.frb.org 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.

mailto:ippgroup@bos.frb.org

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SECTION H

Special Contract Requirements

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 DIAPR

2010-14-A1

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM

DEC 2015

(a) 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.

(b) The past performance evaluation process is a totally paperless processing 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.

(c) We request that you furnish to the Contracting Officer 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 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/.

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, block 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) 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 Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Requirements

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(3) Prohibit the use of or reference to evaluation data for advertised, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30 - day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection after it has been finalized.

Requirements

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Section I Contract Clauses

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SECTION I -- CONTRACT CLAUSES

I.1 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 http://www.doi.gov/pam/programs/acquisition/pamareg.cfm Reclamation Acquisition Regulations (RAR) clauses – https://www.usbr.gov/lc/region/g3000/index.html

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date

52.202-1 Definitions NOV 2013 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 SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First – Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.214-29 Order of Precedence—Sealed Bidding JAN 1986 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Woman-Owned Small Business

Concerns Eligible Under the Woman-Owned Small Business Program

DEC 2015

52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation MAY 2014 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 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 https://www.acquisition.gov/far

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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 52.222-21 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 MAY 2010 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Constructioni

Contracts

SEP 2013

52.223-3 A1 Hazardous Material Identification and Material Safety Data (Jan 1997) Alternate I

JUL 1995

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.227-3 Patent Indemnity APR 1984 52.227-4 Patent Indemnity--Construction Contracts DEC 2007 52.227-14 Rights in Data—General MAY 2014 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 JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 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 MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payment to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 A2 Specifications and Drawings for Construction (Feb 1997) Alternate II APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2015 52.249-2 A1 Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION JUL 2013

REGARDING RESPONSIBILITY MATTERS

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in

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The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.3 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCT 2015

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL 2014

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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I.5 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS MAY 2014

(a) Definitions. As used in this clause--

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

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(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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

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

(B) Unit of measure;

(C) Quantity;

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(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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