140R3019R0012_Solicitation_and_Attachment_1_-_12.pdf

Solicitation No.: 140R3019R0012 Contract No.: ------------- Set Aside: Restricted 100% HUBZone

Colorado River Wash Fan Sediment and Rock Removal IDIQ for Arizona, California and Nevada

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Region Boulder City, Nevada 2019

Document No.

140R3019R0012

Document Title

Colorado River Wash Fan Sediment and Rock Removal IDIQ for Arizona, California and Nevada

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TOC Document No.

Document Title

Colorado River Wash Fan Sediment and Rock Removal i

FOREWORD

The Bureau of Reclamation Yuma Area Office manages the Lower Colorado River and associated facilities between Davis Dam near Laughlin, Nevada and the international border with Mexico. Wash fan removal is a recurring maintenance activity undertaken by Reclamation, under the authority of the Colorado River Front Work and Levee System Act of 1946, for the purposes of controlling floods and improving the flow of the Colorado River. The purpose of this contract is to perform wash fan removal at numerous sites located along the Colorado River. Wash fans are fan-shaped deposits of sediment and rock that can develop at the confluence of an ephemeral stream (wash) and a river. Wash fans consist of the coarser sediment and rock that the river does not have the power to transport downstream. Wash fans are identified for removal when, river flows are forced by the fan into the opposite bankline, causing erosion and impacting channel capacity.

The work to be performed includes, but not limited to, any or all of the following tasks:

a. Excavate wash fan sediment and rock material from areas along the bankline of the Colorado

River above and up to 8-feet below the ordinary low water elevation of the river.

b. Load excavated wash fan sediment and rock material into trucks and transport said material to the stockpile location(s) identified.

c. Unload excavated wash fan sediment and rock material at identified stockpile locations and place in accordance with the Task Order specifications.

d. Conduct dust abatement and erosion control required by applicable permits.

e. Provide traffic control required to conduct the work safely.

f. When required, obtaining Section 402 Clean Water Act authorization/permits for proposed land disturbance activities.

This acquisition is being procured under Federal Acquisition Regulations Part 15, Contracting by Negotiation. Offerors are cautioned to carefully review the offer submission requirements contained in Section L and the evaluation criteria and standards contained in Section M. In order to be considered qualified for this work, offerors must fully address all evaluation factors. Reference Section L, for instructions and Section M, paragraph M.2 for evaluation factors and acceptability standards. The Government anticipates making award without discussions.

MAGNITUDE OF CONSTRUCTION PROJECTS: In accordance with Federal Acquisition Regulation (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, the estimated magnitude of each task order will range between $250,000.00 and $1,000,000.00.

MULTIPLE AWARDS: The Government intends to make three awards under this Indefinite- Delivery/Indefinite-Quantity (IDIQ) solicitation, but it reserves the right to award more, less, or none at all.

IDIQ VALUE: The proposed IDIQ contract(s) will be for an ordering period of five years from the date of contract award with the cumulative/maximum amount of all task orders not exceeding $5,000,000.00. The minimum order guarantee is $2,500.00 per contract. The Government does not guarantee an awardee will receive more than the contract’s minimum guarantee. There is no guarantee that the maximum contract value will be distributed equally among the pool of contractors as the total values will be determined through a competitive delivery/task order award process. Task order procedures are identified in F.3 Task Order Issuance Procedures.

TASK ORDER 1: The Government anticipates that Task Order 1 will be awarded at the time of award of IDIQ contract(s) for the Colorado River Wash Fan Sediment & Rock Removal near Vidal, CA. Vidal (Main) Wash Fan Removal Project Colorado River Indian Tribes Reservation River Mile C-166.30.

Document Title

Colorado River Wash Fan Sediment and Rock Removal ii

TASK ORDER 2: The Government anticipates that Task Order 2 will be awarded at the time of award of IDIQ contract(s) for Colorado River Wash Fan Sediment & Rock Removal Near Ehrenberg, AZ Gould Wash 3 Fan Removal Project La Paz County, Arizona River Mile A-106.51. Task Order 2 is Subject to Availability of Funds (SAF) in accordance with 52.232-18 Availability of Funds.

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

Attendance of the conference and site visit is not mandatory but is highly recommended. Failure by prospective offerors 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 solicitation requirements. All questions shall be received no later than Thursday, August 1, 2019 12:00 p.m. Pacific Time. Questions received after that date will not be entertained. ONLY WRITTEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted shall 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 Maribel Ruble at mruble@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.

PERFORMANCE OF WORK REQUIREMENTS/LIMITATIONS ON SUBCONTRACTING: This acquisition is restricted to HUBZone Small Business concerns. Reference FAR Clauses 52.219-3 and 52.219-14 incorporated at Section I.1 for associated performance of work requirements and limitations on subcontracting See Section L.

OFFER SUBMISSION: See solicitation Section L.13, 1452.215-81 ALT II, General Proposal Instructions- -Bureau of Reclamation, which specifies the number of copies of each proposal volume to be furnished with the Offeror's proposal.

For the Date and Time of Offer Submission, See Standard Form (SF) 1442.

Proposals shall be delivered by:

Postal Mail to:

Bureau of Reclamation, Yuma Area Office Attn: Maribel Ruble (LC-10204) 7301 Calle Agua Salada Yuma, AZ 85364

Overnight Mail to:

Bureau of Reclamation, Yuma Area Office Attn: Maribel Ruble (LC-10204) 7301 Calle Agua Salada Yuma, AZ 85364

Hand Delivery to:

Bureau of Reclamation, Yuma Area Office Attn: Maribel Ruble (LC-10204) 7301 Calle Agua Salada Yuma, AZ 85364

Please go to the main entrance of and ask for Maribel Ruble 928-343-8217.

Document Title

Colorado River Wash Fan Sediment and Rock Removal iii

The electronic copy shall be transmitted via e-mail to mruble@usbr.gov

All responses (electronic and paper) shall be clearly marked on the outside package with the Solicitation No. 140R3019R0012.

OTHER NOTES TO OFFERORS:

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.

Document Title

Colorado River Wash Fan Sediment and Rock Removal iv

FOREWORD

TABLE OF CONTENTS i-ii

SECTION A -- Solicitation/Contract Form A-1

SECTION B -- Supplies or Services and Prices B-1

B.1 The Requirements – Negotiations B-1 B.2 The Schedule B-1

SECTION C -- Descriptions/Specifications/Statement of Work C-1

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

E.1 Clauses Incorporated By Reference E-1

SECTION F -- Deliveries or Performance F-1

F.1 Clauses Incorporated By Reference F-1 F.2 Commencement, Prosecution and Completion of Work F-1 F.3 Task Order Issuance Procedures F-1

SECTION G -- Contract Administration Data G-1

G.1 Authorities and Delegations--Department of the Interior G-1 G.2 Postaward Conference--Bureau of Reclamation G-2 G.3 Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP) G-2 G.4 Government Administration Personnel G-3

SECTION H -- Special Contract Requirements H-1

H.1 H.2

Contractor Performance Assessment Reporting System Key Personnel And Facilities--Bureau Of Reclamation-Lower Colorado Region

H-1 H-2

SECTION I -- Contract Clauses I-1

I.1 Clauses Incorporated By Reference I-1 I.2 Display of Hotline Poster(s) I-4 I.3 I.4

Updates of Publicly Available Information Regarding Responsibility Matters Variation in Estimated Quantity

I-4 I-5

I.5 Ordering I-5 I.6 Order Limitations I-6 I.7 Indefinite Quantity I-6 I.8 Equal Opportunity for Veterans I-7 I.9 Equal Opportunity for Workers with Disabilities I-7 I.10 Buy American--Construction Materials I-7 I.11 Bid Guarantee I-10 I.12 Alternative Payment Protections I-10 I.13 Subcontracts for Commercial Items I-11 I.14 Authorized Deviations in Clauses I-12 I.15 Restrictions on Endorsements--Department of the Interior I-12 I.16 Release of Claims--Department of the Interior I-12 I.17 Examination of Records by the Department of the Interior I-13 I.18 Liability Insurance--Department of the Interior I-13 I.19 Contracting Officer’s Representative’s Authorities And Limitations -- Bureau Of

Reclamation I-13

Document Title

Colorado River Wash Fan Sediment and Rock Removal v

I.20 Asbestos-Free Warranty -- Bureau Of Reclamation

I-14

I.21 Safety And Health--Bureau Of Reclamation I-15 I.22 Protecting Federal Employees And The Public From Exposure To Tobacco Smoke

In The Federal Workplace -- Bureau Of Reclamation I-16

I.23 Certification Of Representatives For Corporate Sureties -- Bureau Of Reclamation I-16 I.24 Equipment Ownership And Operating Expense -- Bureau Of Reclamation I-16 I.25 Payment For Mobilization And Preparatory Work (May 2000)--Bureau Of

Reclamation I-18

I.26 Claims Accounting -- Bureau Of Reclamation I-19 I.27 Other Contracts (Deviation) I-20 I.28 Preservation of Cultural Resources –Bureau of Reclamation I-20 I.29 Security Requirements – Bureau of Reclamation I-21 I.30 Modification Proposals – Bureau of Reclamation I-27 I.31 Safety Data Submittal Requirements – Bureau of Reclamation – Lower Colorado

Region

I-28

SECTION J -- List of Attachments J-1 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

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 K.4 Representation by Corporation Regarding Delinquent Tax Liability or a Felony

Conviction Under any Federal Law K-5

SECTION L -- Instructions, Conditions and Notices to Offerors L-1

L.1 Solicitation Provisions Incorporated By Reference L-1 L.2 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 L-1

L.3 L.4

Type Of Contract Single or Multiple Awards

L-4 L-4

L.5 Construction Wage Rate Requirements--Secondary Site of Work L-4 L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction L-4

L.7 Notice of Buy American Requirement--Construction Materials L-5 L.8 Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995) L-6 L.9 Authorized Deviations In Provisions L-6 L.10 Notice of Intent to Acquire Metric Products and -Department of the Interior

Services-Bureau of Reclamation L-7

L.11 Use and Disclosure of Proposal Information L-8 L.12 Source Evaluation and Selection Procedures--Bureau of Reclamation L-9 L.13 General Proposal Instructions--Bureau of Reclamation (Jan 1998) - Alternate II

(Dec 2001) L-11

L.14 Technical Proposal Instructions--Bureau of Reclamation L-13 L.15 Pricing Proposal Instructions--Bureau of Reclamation L-15 L.16 Service of Protest Department of the Interior (Jul 1996) (DEVIATION) L-16 L.17 Notice of Proposed Partnering-Bureau of Reclamation L-17 L.18

L. 19

Instruction for Mobilization and Preparatory Work Schedule Line Item - Multiple Schedules--Bureau of Reclamation Subcontracting Percentage Worksheet

L-17

L-17

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Colorado River Wash Fan Sediment and Rock Removal vi

SECTION M -- Evaluation Factors for Award M-1

M.1 Solicitation Provisions Incorporated By Reference M-1 M.2 Evaluation Factors for Award – Lowest Price Technically Acceptable Source

Selection Process--Bureau of Reclamation (May 2005) M-1

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

Bureau of Reclamation

Maribel Ruble (LC-10204) 7301 Calle Agua Salada Yuma, Arizona 85364

Maribel Ruble 928-343-8217

1x 07/18/2019

140R3019R0012

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

Project Title: Colorado River Wash Fan Sediment and Rock Removal IDIQ for Arizona, California and Nevada

This solicitation is set-aside 100% for HUBZone. The North American Industry

Classification System (NAICS) code for this acquisition is 237990 Other Heavy, and

Civil Engineering Construction, which has a small business size standard of $36.5 million in average annual receipts.

The Government intends to award Firm Fixed Price (FFP) Multiple Award

Indefinite-Delivery Indefinite-Quantity (IDIQ) contract from this solicitation and a performance (ordering) period of five (5) years and $5,000,000.00 in capacity.

The Government intends to make three awards under this

Indefinite-Delivery/Indefinite-Quantity (IDIQ) solicitation, but it reserves the right to award more, less, or none at all. Task orders will be issued on a firm-fixed-price basis. Furthermore, the estimated magnitude of each task order will range between $250,000.00 and $1,000,000.00. The minimum guarantee per contract is $2,500.00.

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

08/19/2019

NSN 7540-01-155-3212

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

Maribel Ruble

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

140R3019R0012

00010 Colorado River Wash Fan Sediment and Rock Removal

IDIQ for Arizona, California and Nevada

Period of Performance: 09/20/2019 to 09/19/2024

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

Sponsored by GSA

FAR (48 CFR) 53.110

Part I-Section A Solicitation/ Contract Form

Document No.

140R3019R0012

Document Title

Colorado River Wash Fan Sediment and Rock Removal

A-2

Part I-Section B Supplies Or Services and Prices

Document No.

140R3019R0012

Document Title

Colorado River Wash Fan Sediment and Rock Removal

B-1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 THE REQUIREMENTS – NEGOTIATION

(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.

(b) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(c) The quantities stated in the Schedule(s), other than those identified as "lump sum," are estimated quantities for evaluation of offers, and no claim shall be made against the Government for variations in the quantities stated.

(d) The Section I clause entitled "Payment for Mobilization and Preparatory Work" applies to Schedule item(s) for Mobilization and Preparatory Work. Also, see the Section L provision entitled “Instruction for Mobilization and Preparatory Work Schedule Line Item.”

Colorado River Wash Fan Sediment and Rock Removal IDIQ for Arizona, California and Nevada

Item No. Schedule of Supplies/Services Quantity Unit Unit Price Extended Amount

*0001 *TBD *TBD *TBD *TBD *TBD

*0002 *TBD *TBD *TBD *TBD *TBD

*0003 *TBD *TBD *TBD *TBD *TBD

*0004 *TBD *TBD *TBD *TBD *TBD

*0005 *TBD *TBD *TBD *TBD *TBD

*0006 *TBD *TBD *TBD *TBD *TBD

Total for Schedule *TBD

***To be determined on individual task orders.

NOTE: In lieu of completing the Schedule above for IDIQ contract award/price evaluation consideration, offerors must complete and submit the Price Schedules for the Task Orders 01 and 02 found in Section J, Attachment 11. The prices proposed for the Task Order 01 “Vidal (Main) Wash Fan Removal Project Colorado River Indian Tribes Reservation River Mile C-166.30” and Colorado River Wash Fan Sediment & Rock Removal near Ehrenberg, AZ Gould Wash 3 Fan Removal Project La Paz County, Arizona River Mile A-106.51 are binding.

See solicitation Section L.15 for pricing proposal instructions and solicitation Section M.2 for discussion of Price as an evaluation factor.

B.2 CONTRACT PRICE SCHEDULE(S)

Part I-Section B Supplies Or Services and Prices

Document No.

140R3019R0012

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Colorado River Wash Fan Sediment and Rock Removal

B-2

Part I-Section C Descriptions and Specifications

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Colorado River Wash Fan Sediment and Rock Removal

C-1

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Statement of Work/Specifications contained in Attachment No. 1 of this solicitation/contract.

Part I-Section D Packaging and Marking

Document No.

140R3019R0012

Document Title

Colorado River Wash Fan Sediment and Rock Removal

D-1

SECTION D – PACKAGING AND MARKING

(There are no clauses in this section.)

Part I-Section D Packaging and Marking

Document No.

140R3019R0012

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Colorado River Wash Fan Sediment and Rock Removal

D-2

Part I-Section E Inspection and Acceptance

Document No.

140R3019R0012

Document Title

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E-1

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 this/these address(es):

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar;

Department of the Interior Acquisition Regulations (DIAR) clauses - http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70.

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

Part I-Section E Inspection and Acceptance

Document No.

140R3019R0012

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Colorado River Wash Fan Sediment and Rock Removal

E-2

Part I-Section F Deliveries or Performance

Document No.

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Document Title

Colorado River Wash Fan Sediment and Rock Removal

F-1

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 clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar;

Department of the Interior Acquisition Regulations (DIAR) clauses - http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl.

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and

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

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 (TBD FOR EACH TASK ORDER) after the date the Contractor receives the Notice to Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (TBD EACH INDIVIDUAL TASK ORDER). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.3 TASK ORDER ISSUANCE PROCEDURES

(a) General. Task Orders will be issued under this contract in the form and manner set forth below.

(1) Task orders will be issued on a Firm-Fixed Price basis.

(2) Work under this contract will be ordered by individual orders issued on Optional Form (OF) 347 to the Contractor by any Lower Colorado Region Contracting Officer having the appropriate warrant authority. In the case of an urgent requirement, the Contracting Officer may issue written notice to the Contractor to begin immediate work under a task order. Task Orders may include drawings and Statement of Work.

(b) Fair Opportunity. Competition for issuance of Task Orders is limited to those awardees under this multiple award IDIQ contract. If multiple IDIQ contracts are awarded, each awardee shall be provided a fair opportunity for Task orders in accordance with FAR 16.505(b)(1), unless the Contracting Officer determines that one of the exceptions at FAR 16.505(b)(2) applies. The Task Order Ombudsman is:

Heather Hirshman, Denver Federal Center, 6Th & Kipling 25007 Denver CO 80225 United States;

telephone: 303-445-2477; email: hhirshman@usbr.gov.

There is an expectation that each Contractor will compete for all the work forthcoming under this contract.

Performance

Document No.

140R3019R0012

Document Title

Colorado River Wash Fan Sediment and Rock Removal

F-2

If the Contractor is unable to compete for the task order, the Contractor shall provide a no proposal response to the Contracting Officer and provide reason for inability to compete.

(c) Order Placement Procedures.

(1) The Government will issue a written request for proposal (RFP) electronically via e-mail which will include the proposed Statement of Work (SOW), drawings, the evaluation criteria and relative importance of each evaluation factor (if applicable), and the due date for receipt of proposals. All other terms and conditions will be contained in the basic contract. However, any minor/pertinent changes to these terms and conditions, including applicable fill-ins for certain clauses and additional contract direction or details specifically pertaining to the task order, will also be identified in the RFP and incorporated into the individual task order. Contractors must acknowledge receipt of each RFP.

Contractors are also required to notify the Contract Specialist within 2 days of receipt of an RFP if the firm cannot or will not propose on a delivery/task order. Receipt of the proposals after the specified time and date set by the Contracting Officer may result in the proposal not being considered for award.

(2) Unless the Contracting Officer applies the fair opportunity exceptions, each Task Order will be awarded, as a result of competition to the contractor whose offer is the best value to the Government considering the evaluation criteria specified in the task order. RFPs will state the specific evaluation factors for each order and, when applicable, the relative importance of the evaluation factors. When non-price (e.g. technical) factors are applicable to the evaluation and selection, the Government may use the lowest-price technically-acceptable (LPTA), best delivery time, or tradeoffs of contracting by negotiation in order to obtain the best value for the Government. The Government reserves the right to use procedure(s) that are best suited to the circumstances of the contract action to fulfill the Government’s requirements.

(3) If delivery is an evaluation factor, a proposal must meet the Government’s expressed requirement for delivery as stated in the RFP/SOW or it may be considered non-responsive. The proposal should indicate the contractor’s compliance with the stated delivery date or identify the date of delivery (if delivery is an evaluation factor).

(4) Offerors are expected to examine the SOW, drawings, schedule, and all instructions. Failure to do so will be at the Offeror’s risk.

(5) A proposal shall not include any terms and conditions that would conflict with the contract terms and conditions; otherwise, the proposal may be considered non-responsive.

(6) Each RFP will state whether the contractor’s proposal is to be submitted as a lump sum price or whether the proposal price is to include a detailed cost breakdown for evaluation. The lump sum price shall include the contractor’s best price for the item(s) including all applicable costs such as, but not limited to, cost of subcontractors, cost of miscellaneous equipment, materials, services, G&A, overhead, reasonable profit, and shipping (FOB Destination). In those instances where a detailed cost breakdown is required, the contractor’s price proposal shall identify the proposed quantity and type of labor, labor rates, material and equipment, shipping (FOB Destination), G&A, overhead, and a reasonable profit estimated for the type and complexity of the work required under the individual proposed delivery/task order. Estimated travel-related costs, if applicable, should also be provided in the proposal price. Payment for travel-related costs will be reimbursed based on allowable costs in accordance with the Federal Travel Regulations. Maximum lodging and per diem rates are identified at http://www.gsa.gov.

(7) After evaluation of the proposals has been completed, the proposal which offers the best value to the Government will be awarded the TO. In cases where price is the only evaluation factor, the proposal which offers the lowest price to the Government will be awarded the TO, subject to a positive determination that such proposed price is fair and reasonable. Price reasonableness of each TO will be

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F-3 determined in accordance with FAR Subpart 15.4. Task Orders may require discussions/negotiations. It is anticipated that competition among each TO will exist. However, if no competition exists, data other than certified cost or pricing data may be required to be submitted by the contractor in order to determine if the proposed price is fair and reasonable.

(8) If a particular task order will require work to be performed in Arizona, California or Nevada on-site/field work, the requirements of the Construction Wage Rate Requirements shall apply.

(9) All provisions and clauses included in this solicitation and resulting IDIQ contract will apply to RFPs for TO and resulting TO contracts, unless otherwise noted on a TO basis. Additional contract clauses may be inserted into TO as applicable for the work ordered in the TO. The notice for each TO will provide any required "fill-ins" for provisions and clauses and other specific information/direction pertaining to the TO, including, but not limited to:

• Magnitude of construction/estimated price range (FAR36.204).

• Details regarding Commencement, Prosecution, and Completion of Work (reference FAR Clause 52.211-10).

(10) If required, the Government may seek comments from two or more contractors on draft statements of work in order to promote exchanges of information and to encourage awardees to respond to potential RFPs. For a particular requirement, the Government may contact all Offerors for possible technical discussions in order to exchange information and further clarify and define the nature of the requirement.

(d) Other Ordering Requirements.

(3) Certified Payroll Reports. For each task order issued, the awardee shall be required to furnish weekly certified payrolls (prime and subcontractor) in accordance with Contract Clause I.1, FAR Clause 52.222-8, Payrolls and Basic Records. Funds shall be retained from progress payments until all payroll reports are submitted.

(4) Release of Claims. Reference Contract Clause 1452.204-70, Release of Claims. For each order issued, the awardee shall be required to furnish a Release of Claims prior to final payment.

(5) Insurance. Reference Contract Clause WBR 1452.228-70, Liability Insurance – Department of the Interior. The contractor is required to procure and maintain liability insurance during the term of the contract. It is the responsibility of the contractor to provide updated insurance certificates when insurance policies expire.

(6) Competition in Subcontracting. The contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract.

(e) Minimum Guarantee. The Government shall order and the contractor shall furnish services costing the Government at least $2,500.00 during the 5-year IDIQ contract ordering period.

(f) Monetary Limitations. The cumulative/maximum amount of all task orders shall not exceed $5,000,000.00.

Part I-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

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.

(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.

(End of clause)

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G.2 1452.242-80 POSTAWARD CONFERENCE--BUREAU OF

RECLAMATION

JUL 1993

(a) Prior to the Contractor starting work, a postaward conference (as described in FAR Subpart 42.5), may 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 Yuma Area Office 7301 Calle Agua Salada Yuma, AZ 85364

(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.

G.3 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:

1) Copy of Contractor’s generated Invoice (Construction) w/cover sheet

2) Subcontractor/Supplier Payment Summary

3) Any additional documentation to substantiate each progress payment request and as required by the Contracting Officer’s Representative or Contracting Officer.

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) prior to the contract award date, Administration Data

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G-4 but no more than 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 tor 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.4 GOVERNMENT ADMINISTRATION PERSONNEL

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

Contracting Officer:

Maribel Ruble, Contracting Officer (LC-10204) Bureau of Reclamation 4301 Calle Agua Salada Yuma, AZ 85364 Phone No.: 928-343-8217 E-mail: mruble@usbr.gov

(End of Text)

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Part I-Section H Special Contract Requirements

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DEC 2015

1. 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.

2. 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.

3. 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 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.

4. 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/.

5. 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/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) 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.

c) All information provided should be reviewed for accuracy prior to submission.

d) 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”.

e) 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.

f) 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."

6. The following guidelines apply concerning your use of the past performance evaluation:

a) 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.

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

c) 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.

7. 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.

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

(End of Notice)

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Part II-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 clause may be accessed electronically at this/these addresses:

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar;

Department of the Interior Acquisition Regulations (DIAR) clauses - http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl.

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and

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

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

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 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 Postconsumer 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 2018

52.204-13 System for Award Management Maintenance OCT 2018 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 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-21 Alt

IV

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data--Modifications (Oct 2010) -

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Alternate IV (Oct 2010)

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award. (DEVIATION 2019-O0003)

NOV 2011

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 Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards--Overtime

Compensation

MAR 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 AUG 2018 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 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-34…