140R3019R0018_Solicitation_Top_of_Hoover_Dam_Pedestrian_Safety.pdf
PDF 578 KB Posted
- Attached to
- Top of Hoover Dam Pedestrian Safety
- Solicitation number
- 140R3019R0018
About this file
Solicitation 140R3019R0018 Top of Hoover Dam Pedestrian Safety
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Solicitation No. 140R3019R0018
Contract No. -------------- Restricted as a 100% Small Business Set-Aside
Top of Hoover Dam Pedestrian Safety
Hoover Dam, Nevada - Arizona
U.S. Department of the Interior Bureau of Reclamation Lower Colorado Region Boulder City, Nevada 2019
Document No.
140R3019R0018
Document Title
Top of Hoover Dam Pedestrian Safety
THIS PAGE INTENTIONALLY LEFT BLANK
TOC Document No.
Document Title
Top of Hoover Dam Pedestrian Safety i
FOREWORD
The Bureau of Reclamation (BOR) Lower Colorado Region Hoover Dam has a requirement to construct Top of Hoover Dam Pedestrian Safety. Hoover Dam is an iconic structure that provides critical water and power resources in the southwest. Hoover Dam is also a popular tourist attraction that is visited by over 4 million visitors per year. The contractor will be responsible to provide all necessary materials, labor, equipment, traffic control, and supervision to construct Top of Hoover Dam Pedestrian Safety. The project includes constructing exterior site improvements, installing steel bollards with cable infill and an alternate option to construct Raised Pedestrian Crosswalk. The project is located on top of Hoover Dam, access to the site is by Nevada State Route 172. The site is approximately 8 miles northeast of Boulder City, Nevada and 32 miles southeast of Las Vegas, Nevada in Clark County.
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, paragraphs L.11 through L.13 for instructions and Section M, paragraph M.2 for evaluation factors and acceptability standards. The Government anticipates making award without discussions and will not seek clarifications or hold discussions.
MAGNITUDE OF CONSTRUCTION PROJECTS: In accordance with Federal Acquisition Regulation (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, this construction project is estimated to be between $1,000,000.00 and $5,000,000.00.
SITE VISIT: See Section L.7, 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 offerors 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 July 17, 2019, 12:00 p.m. Pacific Standard 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 Small Business concerns. Reference FAR Clauses 52.219-6 and 52.219-14 incorporated at Section I.1 for associated performance of work requirements and limitations on subcontracting See Section L.19.
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:
Document Title ii
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.
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. 140R3019R0018.
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 iii
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 Liquidated Damages - Construction 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-3 I.3 I.4
Updates of Publicly Available Information Regarding Responsibility Matters Option for Increased Quantity-Separately Priced Line Item
I-4 I-5
I.5 Equal Opportunity for Veterans I-5 I.6 Equal Opportunity for Workers with Disabilities I-6 I.7 Buy American--Construction Materials I-6 I.8 Bid Guarantee I-8 I.9 Subcontracts for Commercial Items I-9 I.10 Authorized Deviations in Clauses I-10 I.11 Restrictions on Endorsements--Department of the Interior I-10 I.12 I.13
Release of Claims--Department of the Interior Brand Name Or Equal (Deviation)
I-10 I-11
I.14 Examination of Records by the Department of the Interior I-11 I.15 Liability Insurance--Department of the Interior I-11 I.16
I.17 I.18 I.19
Contracting Officer’s Representative’s Authorities And Limitations -- Bureau Of Reclamation Asbestos-Free Warranty -- Bureau Of Reclamation Safety And Health--Bureau Of Reclamation Protecting Federal Employees And The Public From Exposure To Tobacco Smoke
I-12
I-13 I-13 I-14
Document Title iv
I.20 I.21 I.22
I.23 I.24 I.25 I.26
In The Federal Workplace -- Bureau Of Reclamation Certification Of Representatives For Corporate Sureties -- Bureau Of Reclamation Equipment Ownership And Operating Expense -- Bureau Of Reclamation Payment For Mobilization And Preparatory Work (May 2000) - Alternate Ii (Jun 2002)--Bureau Of Reclamation Claims Accounting -- Bureau Of Reclamation Other Contracts (Deviation) Preservation of Cultural Resources –Bureau of Reclamation Security Requirements – Bureau of Reclamation
I-15 I-16
I-18 I-18 I-18 I-20
I.27 I.28
Modification Proposals – Bureau of Reclamation Safety Data Submittal Requirements – Bureau of Reclamation – Lower Colorado Region
I-26 I-26
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 Evaluation of Options
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-7 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-16 L.16 Service of Protest Department of the Interior (Jul 1996) (DEVIATION) L-17 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-18
L.18
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
Document Title v
X
Part I-Section A Solicitation/ Contract Form
Document No.
140R3019R0018
Document Title
A-2
Part I-Section B Supplies Or Services and Prices
Document No.
140R3019R0018
Document Title
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) Offerors shall complete the schedule(s) in Section B and furnish any additional information required in Section B, as applicable.
(d) IMPORTANT NOTE: The requirement for submission of performance and payment bonds is applicable for construction in excess of $250,000.00.
(e) The Section I clause entitled "1452.232-81 ALT II PAYMENT FOR MOBILIZATION AND
PREPARATORY WORK (MAY 2000) - ALTERNATE II (JUN 2002)--BUREAU OF RECLAMATION "
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.”
B.2 SCHEDULE OF SUPPLIES/SERVICES
(a) Definitions:
(1) CLIN: Contract Line Item Number
(2) LS: Lump Sum
(3) EA: Each
Base Schedule – Steel Bollards with Cable Infill
CLIN Supplies/Services Quantity Unit Unit Price Extended Amount
1 Mobilization and Prep Work 1 LS
General Conditions and other Misc.
Costs
1 LS
Existing Conditions (Demo and associated work)
1 LS
4 Miscellaneous Concrete and Metals 1 LS
5 Exterior Improvements (Hardscape) 1 LS
Asphaltic Concrete Paving including raised pedestrian walkways
1 LS
Rigid Paving including all sidewalks and ramps, curb and gutter
1 LS
8 Striping, Signage and other painting 1 LS
9 Site Improvements 1 LS
10 in. diameter Bollard including bollard cover, drilling, concrete and installation
34 EA
Services and Prices
Document No.
140R3019R0018
Document Title
B-2
8 in. diameter Bollard including bollard cover, drilling, concrete and installation Off Dam Areas
8 EA
8 in. diameter Bollard including bollard cover, drilling, concrete and installation shallow drill
2 EA
8 in. diameter Bollard including bollard cover, drilling, concrete and installation on Dam
227 EA
14 Cable Infill 1 LS
15 Traffic and Pedestrian Control 1 LS
16 Stock Bollard Covers 8 in. 25 EA
17 Stock Bollard Covers 10 in. 10 EA
18 Bonds and Insurance 1 LS
Total for Base Schedule $_________________________________
ALTERNATIVE OPTION SCHEDULE – Raised Pedestrian Crosswalk
CLIN Supplies/Services Quantity Unit Unit Price Extended Amount
1-1 Mobilization and Preparatory Work
1 LS
1-2 Temporary Traffic Control 1 LS
1-3 Construct Raised Pedestrian Sidewalk 1 LS
Total for Alternative Option Schedule $____________________________________
NOTE: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option.
The alternative option may be exercised at any time within 180 days of contract award in accordance with FAR 52.217-7 Option for Increase Quantity – Separately Priced Line Item. Exercise of each option will be made by the Contracting Officer in writing. The price for exercise of each option includes all work and effort associated with the activities required.
Totals for Base Schedule and Alternative Option Schedule
Total for Base Schedule $____________________________
Total for Alternative Option Schedule $____________________________
Grand Total Schedules 1 and 2 $____________________________
Services and Prices
Document No.
140R3019R0018
Document Title
B-3
Part I-Section C Descriptions and Specifications
Document No.
140R3019R0018
Document Title
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.
140R3019R0018
Document Title
D-1
SECTION D – PACKAGING AND MARKING
(There are no clauses in this section.)
Part I-Section D Packaging and Marking
Document No.
140R3019R0018
Document Title
D-2
Part I-Section E Inspection and Acceptance
Document No.
140R3019R0018
Document Title
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.
140R3019R0018
Document Title
E-2
Part I-Section F Deliveries or Performance
Document No.
140R3019R0018
Document Title
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.
The following referenced clauses are hereby incorporated into and made a part of this contract.
Clause Title Date 52.211-13 Time Extensions SEP 2000 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 (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days from the original NTP. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
F.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEP 2000
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,057.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
Part I-Section G Contract Administration Data
Document No.
140R3019R0018
Document Title
G-1
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)
Administration Data
Document No.
140R3019R0018
Document Title
G-2
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 Hoover Dam, Boulder City, Nevada.
(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, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment
Administration Data
Document No.
140R3019R0018
Document Title
G-3 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)
Administration Data
Document No.
140R3019R0018
Document Title
G-4
Part I-Section H Special Contract Requirements
Document No.
140R3019R0018
Document Title
H-1
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)
Part I-Section H Special Contract Requirements
Document No.
140R3019R0018
Document Title
H-2
H.2 KEY PERSONNEL AND FACILITIES--BUREAU OF RECLAMATION-
LOWER COLORADO REGION
(a) The personnel [and/or facilities] are considered essential to the work being performed hereunder.
Prior to removing, replacing, or diverting any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion or substitution shall be made by the Contractor without the written consent of the Contracting Officer.
However, the Contracting Officer may ratify, in writing, the change and such ratification shall constitute the consent of the Contracting Officer required by the clause. The personnel and/or facilities may, with the consent of the contracting parties, be amended from time to time during the course of the contract to either add or delete personnel [and/or facilities] as appropriate.
(b) Key Personnel and Facilities—Provide Key Personnel Names and Facilities within 14 days after contract award.
This page left intentionally blank.
Part II-Section I Contract Clauses
Document No.
140R3019R0018
Document Title
I-1
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.
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
52.203-13 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) - Alternate IV (Oct 2010)
OCT 2010
Document No.
140R3019R0018
Document Title
I-2
52.219-6 Notice of Total Small Business Set-Aside 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 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 JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and
Construction Contracts
SEP 2013
52.223-3 Alt I Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I (Jul 1995)
JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and
Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
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
52.227-4 Patent Indemnity--Construction Contracts DEC 2007 52.227-17 Rights in Data-Special Works DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance--Work on a Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 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
Document No.
140R3019R0018
Document Title
I-3
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
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 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 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) –
Alternate I
FEB 1997
52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-2 Subcontracts OCT 2010 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)
(Apr 2012) - Alternate I (Sep 1996)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991
I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) OCT 2015
(a) Definition.
“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—
Document No.
140R3019R0018
Document Title
I-4
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at https://www.doioig.gov/complaints/complaint-hotline.
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $3,000,000, except when the subcontract—
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION
REGARDING RESPONSIBILITY MATTERS
OCT 2018
(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 via https://www.sam.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.
Document No.
140R3019R0018
Document Title
I-5
(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 accordance with agency Freedom of Information procedures, prior to reposting the releasable information. 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.4 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY MAR 1989
PRICED LINE ITEM
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 180 Calendar Days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
I.5 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.
Document No.
140R3019R0018
Document Title
I-6
I.6 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.
I.7 52.225-9 BUY AMERICAN--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—
(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
Document No.
140R3019R0018
Document Title
I-7 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: 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…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it.