140R4022R0010_RFP_28APR22.pdf

Navajo-Gallup Water Supply Project San Juan Lateral Pumping Plants 2 & 3

Solicitation No. 140R4022R0010

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation

Document No.

140R4022R0010

Document Title

NGWSP PP 2 & 3

Preface

This section is a synopsis of the items identified by Reclamation that have been problematic for some contractors. The items have been identified through previous real-world performance of construction with Reclamation. The following items are not all-encompassing of problems that may or may not be encountered and are only meant to identify general challenges contractors may run into when contracting with Reclamation for construction work. The purpose of this document is to allow contractors to propose construction more accurately at contract inception and reduce contract interpretation disagreements after contract award. It is highly recommended the Contractor read and become intimately familiar with both the solicitation and contract specifications and drawings prior to construction, as that can also head off potential disagreements as the work is being completed.

NOTE: The examples given within are for reference purposes only. Reclamation does not take responsibility for the application of calculations during bid creation. The Contractor is required to apply all calculations internally, and the items in this document are for awareness purposes only.

Quality Control:

FAR Clause 52.246-12 requires the Contractor to establish a construction inspection system to ensure quality. Accordingly, per section 01 46 00 – Quality Procedures, a Quality Control Plan is required to clearly outline the Contractors Quality Control (QC) Program to cover all construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents.

The program must include a qualified, experienced Quality Control Supervisor (see part 1.04 Qualifications of the above specification section), who has authority delegated from an authorized official of the firm, to develop and manage quality control processes, including the three-phase control system (preparatory phase, initial phase, and follow-up phase) for all aspects of work specified and who has authorization to stop work if necessary. A well-managed Contractor’s QC Program is essential to ensuring the work conforms to contract requirements. The effectiveness of the Contractor’s QC Program will be subject to continued review and approval by the Government’s Contracting Officer (CO).

Reclamation will conduct its own Quality Assurance (QA) program, which will include inspection and tests performed by Government staff to ensure compliance with terms of the contract. Test performed by Reclamation will be used to ensure compliance with contract requirements and are not to be a replacement for specified Contractor quality testing. Acceptance of materials shall be based on passing of both Contractor’s QC testing and Government’s QA testing. In the event of a discrepancy between Contractor’s and Government’s test results, Reclamation’s quality assurance test results will prevail unless convincing evidence is presented as to why it should not.

Quantity Surveys:

FAR Clause 52.236-16 Alt I Quantity Surveys, in coordination with FAR 52.211-16 Variation in Quantity, will be included in this contract. Many contractor personnel have had issues providing adequate survey data IAW the referenced clause. This requires both preliminary and final surveys to be performed by the contractor. The contract requires (specs and clause) that a surveying plan be submitted (Surveying Plan) 28 days prior to beginning surveying work. The surveying plan must be approved by Reclamation prior to the beginning of surveying work. The contract also requires submittal of all quantity survey notes and computations, as well as workday’s survey notes. This is important as the quantity for payment must be verified against the actual survey data. Quantity surveys and calculations, along with as-built drawings, are required to be submitted with each monthly progress payment for a contractor’s invoice to be considered as proper.

The Government will have survey crews on site as part of its QA program. However, this is not to be relied on by the Contractor as meeting the survey specifications. The Contractor is expected to provide full-time survey support under the direction of a registered professional land surveyor licensed in the state where the work is being completed IAW the survey specifications (section 01 71 20 – Surveying). Historically, many contractors have missed this requirement and it has led to payment disagreements. See “Payline” below for common problem.

Payline Method of Payment Calculation:

Reclamation pays through the Payline method IAW attached drawings and specifications for Common Excavation for Structures, Backfill for Structures, Compacting Backfill around Structures, and Access Road Excavation. Regardless of actual widths, bottoms, and side slopes excavated, measurement will be made to the paylines shown on drawings or to paylines as directed by COR. For all pipeline payment under the following Specifications sections, but not limited to section 33 42 30 – Corrugated Metal Pipe Culvert and section 35

21 95 – Steel Manifold Piping all trench earthwork costs (common excavation, rock excavation, backfill for pipe trench, bedding, embedment, and compacting backfill in pipeline) are included in the prices offered in the Price Schedule for applicable pipelines, drainpipe, manifold pipe, and culverts, etc.. See applicable specification section 31 23 22 – Pipe Trench Earthwork, section 33 42 30 – Corrugated Metal Pipe Culvert, and section 35 21 95 – Steel Manifold Piping for additional detail on how the Contract is set up for payment for those quantities. The overall contract price includes the full scope of work, ensure a full understanding of quantity calculation is had prior to submitting price proposal. This is an advisory statement only.

Submittals:

The submittals required for Reclamation projects can be very detailed. Reclamation is a very data-centric organization of engineering-minded personnel. As such, the data needs to be correct and submittals shall be thought out, in a logical format, and be thorough. A ‘shotgun-spread’ approach will not work. Meaning, if a contractor submits superfluous information and/or with no format or shown understanding of the items, it will likely lead to rejection and a required resubmittal of the items. The same is true if a contractor only submits a portion of the items required under a requirement submittal number (RSN). The Contractor is responsible for providing quality control of contractor and subcontractor submittals to ensure they contain all, but no more than, the items required by a particular RSN.

Reclamation will retain many, if not all, of the records in library retention for many years. This is for awareness purposes only.

As-Built Drawings:

Section 01 78 30 of the specifications covers this in detail. Reclamation expects full compliance with keeping drawings on site as required in the specifications. See specifications for further information.

Environmental Compliance and Permitting:

Environmental Compliance is a very strictly enforced item. In undertaking the construction of the Navajo-Gallup Water Supply Project (NGWSP), Reclamation has built a healthy and trusting relationship with the Navajo Nation Environmental Protection Agency (NNEPA), the U.S. Environmental Protection Agency (EPA), and the Army Corps of Engineers in complying with various environmental regulations, namely the Clean Water Act (CWA). Reclamation values these relationships and expects full compliance from the Contractor on all environmental items.

Many contractors unfamiliar with Reclamation run into initial issues because they: 1) do not have a dedicated environmental compliance member/team familiar with Clean Water Act (33 U.S.C. §1251 et seq. (1972)) permitting implementation experience, and specifically Storm Water Pollution Prevention Plan (SWPPP), 2) and rely on Reclamation to point out non-compliance reactively, rather than proactively implementing and managing this aspect of the job.

Some items of small nature may be required after contract award to comply with local Right of Way (ROW) changes/requirements.

These items will be paid on a case-by-case basis on actual costs plus any reasonable overhead or profit.

Example: encountered well water, directed safety and water preservation compliance, paid back based on quantity surveys of actual qty (not payline) for overage directed work.

Concern Example: Standing water pooled up near open manholes, Reclamation directed that the manholes be covered to prevent rainwater backfilling the pipe, per the specification requirements. Environmental personnel inspections identified multiple discrepancies with SWPPP compliance, directed fixes at no additional cost to the government. Be mindful of the requirements as they can add up if not initially planned for.

Cultural Resources Compliance and Archaeological Monitoring:

Given the density of archaeological sites and artifacts in this area of the country, some items of archaeological and cultural importance are expected to be encountered during construction, including previously unknown sites and artifacts called discoveries. The delays for any ROW restrictions needed to protect those resources shown in the bid documents shall be included in the initial proposal. The contract may be modified for time and/or cost if cultural resources discoveries are encountered and the Contractor does not have other areas where work can be shifted. Be sure to read the specifications sections. See specifications section 01 57 90 and Biological at 01 57 60 for further details. It can be expected that the construction monitors of an Archaeological or Monitoring Firm may contact the Reclamation personnel and have the Contracting Officer (CO) direct a temporary stop work until the discovery is mitigated or otherwise addressed and resolved.

Staying inside the ROW and protecting cultural resources is of paramount importance. The ROW granted for this project by the Navajo Nation and the Bureau of Indian Affairs to Reclamation has been designed to avoid many cultural resources. Under no circumstances will any incursion outside of the ROW be tolerated, and the Contractor could be subject to Navajo Nation fines and penalties. Reclamation adheres to strict compliance with respectful observance of the Navajo Nation resources and customs and expects the Contractor to be mindful of this as well.

Finally, any action of the Contractor related to carrying out the responsibilities and tasks associated with this contract, whether direct or indirect, are subject to compliance with environmental and cultural resources laws and regulations. Such indirect actions could include but are not limited to: grading of roads to improve access to job site, water source outside project ROW, etc.; subcontracts for off-site ground disturbing activities (i.e., borrow areas, disposal of excess excavated material, etc. – see Off ROW Land Use Coordination submittal requirements in section 01 31 19 – Project Management and Coordination).

Project Specific Areas of Concern:

There are several project specific areas of concern, interest, and/or consideration on this project. The Contractor shall be aware that access to the Pumping Plant 2 and Pumping Plant 3 sites falls within either the U.S. Highway 491 ROW or BIA Indian Service Route 8720 ROW and are subject to New Mexico Department of Transportation or BIA/Navajo Department of Transportation Work permit requirements (see sections 01 55 00 – Vehicular Access Parking, 01 55 20 – Traffic Control). Reclamation is responsible for obtaining the Driveway Access Permit for permanent permission to construct and access in the highway ROW. The Contractor is responsible for obtaining the Work permits, including traffic control plan preparation and approval.

Taxes:

In accordance with FAR 52.229-3, the contract price offered by contractors includes all applicable Federal, State, and local taxes with the exception of New Mexico Gross Receipts Tax and Navajo Nation Tax. The Contractor must rely on its internal tax experts to ensure full compliance with tax laws. Be aware that both New Mexico Gross Receipts Tax (NMGRT) and Navajo Nation (NN) tax may apply to the work.

Taxes will be reimbursed on the actual tax rate at the time of each invoice period. The tax filing documents/receipts must be submitted with the invoice to be reimbursed the taxes paid. Taxes can be withheld to quarterly or longer if it is easier to process based on the business model of the contractor, but the tax forms/receipts (i.e. GRT-PV for NM or Form 600/601/604 for NN taxes – proof of payment) from either the State of New Mexico (NM) or the Navajo Nation (NN) must be submitted to be reimbursed for taxes.

Taxes will also not be used in the Total Evaluated Price (TEP) for source selection but must be presented/estimated in the proposal to allow for appropriate budgeting of dollars for the resultant contract. The purpose is to relieve some of the stress on the contractors during proposal periods and the government after award if the tax rate is subject to change during multiple years of performance, which historically happens in the State of NM (e.g. awarded at 6.5% NMGRT, June of the same year rate rises to 6.875% NMGRT, the following January the tax rate drops back to 6.5% NMGRT, etc.). This is a recent change in strategy for taxes, but the idea is Reclamation will reimburse actual NMGRT and NN taxes paid during each invoice/tax period to handle fluctuations in taxes during performance with receipts/proof of payment provided with each invoice.

Site Visit:

Please contact Mr. Fred LaMone (flamone@usbr.gov, 505-427-0902) to be added to the attendee list and for any additional questions or information concerning the site visit.

IMPORTANT: The following guidelines are required to attend the site visit:

a. Social distancing is practiced.

b. A mask is required to be worn throughout the site visit in accordance with Navajo Nation's Public Health Order.

Subcontractors:

Subcontractors cannot submit partial proposals straight to the Government. Subcontractors shall propose directly to prime contractors.

Items will not be pre-qualified during the synopsis or solicitation period. It is the prime contractor’s responsibility to confirm item meets the specifications of this requirement.

52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984.:

Please carefully read this clause as this effort will potentially overlap with other Reclamation contracts.

Contents Solicitation No. 140R4022R0010

Preface

SECTION A – SF-1442

SECTION B – Supplies or Services and Prices Navajo-Gallup Water Supply Project San Juan Lateral Pumping Plants No. 2 and No. 3 New Mexico SECTION C – Statement / Description / Specification of Work SECTION D – Packaging and Marking SECTION E – Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

SECTION F -- Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

F.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK APRIL 1984

F.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

SECTION G - Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

G.2 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM

(IPP) APRIL 2013

G.3 WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION JULY 1993

G.4 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS BUREAU OF

RECLAMATION MAY 2018

SECTION H -- Special Contract Requirements H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DECEMBER 2015

SECTION I - Contract Clauses

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOVEMBER 2021

I.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS NOVEMBER 2021

I.4 52.209-1 QUALIFICATION REQUIREMENTS FEBRUARY 1995

I.5 52.216-4 ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (JAN 2017)

I.6 52.219-4 NOTICE OF PRICE PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS SEPTEMBER 2021

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION SEPTEMBER 2021

I.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

I.9 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

I.10 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS NOVEMBER 2021

I.11 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APRIL 1984

I.12 52.236-4 PHYSICAL DATA APRIL 1984

I.13 52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

I.14 52.252-4 ALTERATIONS IN CONTRACT APRIL 1984

I.15 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

I.16 1452.203-70 RESTRICTION ON ENDORSEMENTS DEPARTMENT OF INTERIOR JULY 1996

I.17 1452.204-70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

I.18 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

I.19 1452.226-70 INDIAN PREFERENCE—DEPARTMENT OF THE INTERIOR APRIL 1984

I.20 1452.226-71 INDIAN PREFERENCE PROGRAM APRIL 1984

I.21 WBR 1452.223-80 ASBESTOS FREE WARRANTY -- BUREAU OF RECLAMATION AUGUST 2021

I.22 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION AUGUST 2021

I.23 WBR 1452.232-81 – PAYMENT FOR MOBILIZATION AND PREPARATORY WORK – BUREAU OF RECLAMATION

ALT II MARCH 2022

I.24 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION MARCH 2022

I.25 WBR 1452.243-80 MODIFICATION PROPOSALS – BUREAU OF RECLAMATION MARCH 2022

SECTION J – List of Attachments and Exhibits SECTION K – Representations, Certifications and Other Statements of OFFERORS

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS JANUARY 2022

K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT NOVEMBER 2021

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCTOBER 2018

K.5 52.209-12 CERTIFICATION REGARDING TAX MATTERS OCTOBER 2020

K.6 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION NOVEMBER 2021 K.7 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION FEBRUARY 1999

K.8 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION JUNE 2020

K.9 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES APRIL 2005

SECTION L – Instructions, Conditions and Notices to Bidders

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

L.2 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 AUGUST 1998

L.3 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) APRIL 2014

L.4 52.216-1 – TYPE OF CONTRACT APRIL 1984

L.5 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK May 2014 L.6 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS May 2014

L.7 52.236-27 SITE VISIT CONSTRUCTION ALT I FEBRUARY 1995

L.8 52.252-3 ALTERATIONS IN SOLICITATION APRIL 1984

L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVIVIONS NOVEMBER 2020

L.10 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT OF THE INTERIOR APRIL 1984

L.11 WBR 1452.215-81 PROPOSAL INSTRUCTIONS MAR 2021

L.12 52.228-1 BID GUARANTEE SEPT 1996

L.13 1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR JUL 1996 (Deviation) L.14 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK SCHEDULE LINE ITEM -

BUREAU OF RECLAMATION MAR 2022

SECTION M -- Evaluation Factors for Award M.1 WBR 1452.215-80 SOURCE SELECTION EVALUATION PROCEDURES – BUREAU OF RECLAMATION MAR 2021 M.2 WBR 1452.215-84 EVALUATION FACTORS FOR AWARD—QUALITY AND COST/PRICE APPROXIMATELY EQUAL –

BUREAU OF RECLAMATION MAR 2021

SECTION A

10 102

11 102

12 102

Continuation of Section B – Supplies or Services and Price

SECTION B – Supplies or Services and Prices Navajo-Gallup Water Supply Project San Juan Lateral Pumping Plants No. 2 and No. 3 New Mexico

PRICE SCHEDULES

Offers will be considered for award on the following Price Schedules, but no offer will be considered for award on only part of the Price Schedules.

Offers are subject to the terms and conditions of this solicitation.

Quantities in Price Schedules are estimated quantities for comparison of offers only. Except as provided in contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against Government for overruns or underruns. Contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.

See contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 1-1 and 2-1.

Definitions:

CLIN – Contract Line Item Number

Note: In accordance with Section 7-9-3.3 of New Mexico Statutes Annotated (NMSA) 1978 and Section 402 of Navajo Nation’s Business Activity Tax Statute, it is Contractor’s responsibility to ensure that all applicable New Mexico Gross Receipts Tax and Navajo Nation Gross Receipts Tax are included in their price proposal.

In accordance with FAR 52.232-5 (Payments under Fixed-Price Construction Contracts) (b)(2), payment may be approved for materials delivered to Contractor at locations other than the site if Contractor obtains CO approval prior to making arrangements for obtaining the materials. Contractor shall also be required to complete a “Materials on Hand Certificate” which will certify:

Materials described for use on identified contract.

Materials are clearly marked to identify that they belong to contract cited.

Full title for those materials vested in Prime Contractor sited.

Materials are free of liens and encumbrances.

Materials are properly store, secured, and protected against loss or damage.

PRICE SCHEDULE 1 (Pumping Plant No. 2)

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

1-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

1-2 01 31 30 Contract Document Management System

For the lump sum of $

1-3 01 33 26 Electrical Drawings and Data For the lump sum of $

1-4 01 56 15 Underground Utility Line Investigations

For the lump sum of $

1-5 01 78 30 As-built and Final Drawings For the lump sum of $65,000

1-6 01 78 30 Operations and Maintenance (O&M) Manuals PP No. 2

For the lump sum of $260,000

1-7 01 80 15 Commissioning For the lump sum of $

1-8 03 20 00 Concrete Reinforcing 99,000 lb $ $

1-9 03 30 00 Concrete 740 yd3 $ $

1-10 03 35 10 Concrete Floor Hardener 6,400 ft2 $ $

1-11 03 48 00 Plant-Precast Concrete Structures For the lump sum of $

1-12 04 22 10 Reinforced Concrete Unit Masonry Assemblies

For the lump sum of $

1-13 05 50 00 Metal Fabrications For the lump sum of $

1-14 06 82 10 Fiberglass Reinforced Plastic (FRP) Fabrications

For the lump sum of $

1-15 07 19 20 Silane Water Repellent For the lump sum of $

1-16 10 14 00 Signage For the lump sum of $

1-17 10 44 20 Fire Extinguishers For the lump sum of $

1-18 10 51 00 Lockers For the lump sum of $

Quantity and Unit

Unit Price Amount

1-19 13 34 21 Metal Building System For the lump sum of $

1-20 21 22 00 Clean Agent Fire Extinguishing System

For the lump sum of $

1-21 22 13 16 Plant Piping Systems For the lump sum of $

1-22 22 14 30 Sump Pumping Systems For the lump sum of $

1-23 23 00 00 Heating, Ventilating, and Air- Conditioning (HVAC) System

For the lump sum of $

1-24 25 00 01 System Control and Monitoring For the lump sum of $

1-25 26 05 10 Conductors and Cables 23,000 lin ft

1-26 26 05 13 Medium-Voltage Power Cable 2,000 lin ft

1-27 26 05 13 Medium-Voltage Power Cable Accessories

For the lump sum of $

1-28 26 05 20 Ground Cable 1,200 lin ft

1-29 26 05 20 Ground Rods 11 each $ $

1-30 26 05 20 Electrical Ground Resistance Test For the lump sum of $

1-31 26 05 33 Electrical Conduit 4,000 lin ft

1-32 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

1-33 26 05 36 Cable Trays 550 lin ft $ $

1-34 26 12 19 Pad Mounted Transformer For the lump sum of $

1-35 26 17 20 Metal-Clad Switchgear Assembly For the lump sum of $

Quantity and Unit

Unit Price Amount

1-36 26 18 39 Medium-Voltage Motor Controllers

For the lump sum of $

1-37 26 22 12 Dry-Type Transformer For the lump sum of $

1-38 26 24 13 Switchboards For the lump sum of $

1-39 26 24 41 Distribution Panelboards For the lump sum of $

1-40 26 26 10 Transformer Load Center For the lump sum of $

1-41 26 27 40 Wiring Devices For the lump sum of $

1-42 26 32 10 Diesel Engine-Generator Set (Pumping Plant No. 2)

For the lump sum of $

1-43 26 42 10 Corrosion Monitoring Systems For the lump sum of $

1-44 26 42 11 Submerged Galvanic Anode Cathodic Protection System for Welded Tanks

For the lump sum of $

1-45 26 51 00 Interior Lighting For the lump sum of $

1-46 26 52 00 Emergency and Exit Lighting For the lump sum of $

1-47 26 56 00 Exterior Lighting For the lump sum of $

1-48 27 30 01 Telephone System For the lump sum of $

1-49 28 10 01 Security and Surveillance System For the lump sum of $

1-50 28 31 00 Fire Detection and Alarm For the lump sum of $

1-51 31 02 10 Water for Dust Abatement 130 MGal $

1-52 31 02 30 Dust Palliative 4.6 Acre $ $

1-53 31 23 10 Common Excavation for Site and Structure Foundations

9,600 yd3 $ $

Quantity and Unit

Unit Price Amount

1-54 31 23 10 Rock Excavation for Site and Structure Foundations

1,750 yd3 $ $

1-55 31 23 10 Processing of Site and Foundation Materials

13,500 yd3

1-56 31 23 10 Compacted Backfill for Site and Structure Foundations

13,500 yd3

1-57 31 23 50 Earthwork for Roads 305 yd3 $ $

1-58 31 24 18 Gravel Drain Material for Water Storage Tanks

550 yd3 $ $

1-59 31 32 36 HDPE Geomembrane for Water Storage Tanks

950 yd2 $ $

1-60 31 37 00 Riprap 16 yd3 $ $

1-61 32 15 10 Gravel Surfacing 1,100 yd3 $ $

1-62 32 31 01 Fence Grounding For the lump sum of

1-63 32 31 10 Chain Link Fence 960 lin ft $

1-64 32 31 70 Cattle Guards 1 each $ $

1-65 32 91 60 Erosion Control Blanket 180 yd2 $ $

1-66 32 92 20 Seeding 2.9 Acre $ $

1-67 33 09 13 Pressure Differential Flowmeter Systems

For the lump sum of

1-68 33 11 15

PVC Pipe Drains for Water Storage Tanks

300 lin ft $

1-69 33 12 71 Vertical Pumping Units For the lump sum of

Quantity and Unit

Unit Price Amount

1-70 33 16 14 Air Chambers and Air Compressors

For the lump sum of $

1-71 33 16 40 Water Storage Tanks For the lump sum of $

1-72 35 21 95 Steel Manifold Piping For the lump sum of $

1-73 35 22 14 Valves and Equipment For the lump sum of $

1-74 46 33 00 Chlorine Residual Sample System For the lump sum of $

1-75 46 33 00 Mixers For the lump sum of $

Subtotal FOR PRICE SCHEDULE 1 $_________________

Estimated NMGRT at 6.6875% for Price Schedule 1 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 1 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 1 $_________________

PRICE SCHEDULE 2 (Pumping Plant No. 3)

Quantity and Unit

Unit Price Amount

2-1

WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

2-2 01 31 30 Contract Document Management System

For the lump sum of $

2-3 01 33 26 Electrical Drawings and Data For the lump sum of $

2-4 01 56 15 Underground Utility Line Investigations

For the lump sum of $

2-5 01 78 30 As-built and Final Drawings For the lump sum of $65,000

2-6 01 78 30 Operations and Maintenance (O&M) Manuals PP No. 3

For the lump sum of $260,000

2-7 01 80 15 Commissioning For the lump sum of $

2-8 03 20 00 Concrete Reinforcing 105,000 lb $ $

2-9 03 30 00 Concrete 810 yd3 $ $

2-10 03 35 10 Concrete Floor Hardener 6,400 ft2 $ $

2-11 03 48 00 Plant-Precast Concrete Structures For the lump sum of $

2-12 04 22 10 Reinforced Concrete Unit Masonry Assemblies

For the lump sum of $

2-13 05 50 00 Metal Fabrications For the lump sum of $

2-14 06 82 10 Fiberglass Reinforced Plastic (FRP) Fabrications

For the lump sum of $

2-15 07 19 20 Silane Water Repellent For the lump sum of $

2-16 10 14 00 Signage For the lump sum of $

2-17 10 44 20 Fire Extinguishers For the lump sum of $

2-18 10 51 00 Lockers For the lump sum of $

2-19 13 34 21 Metal Building System For the lump sum of $

2-20 21 22 00 Clean Agent Fire Extinguishing Systems

For the lump sum of $

2-21 22 13 16 Plant Piping Systems For the lump sum of $

2-22 22 14 30 Sump Pumping Systems For the lump sum of $

2-23 23 00 00 Heating, Ventilating, and Air- Conditioning (HVAC) System

For the lump sum of $

Quantity and Unit

Unit Price Amount

2-24 25 00 01 System Control and Monitoring For the lump sum of $

2-25 26 05 10 Conductors and Cables 26,000 lin ft

2-26 26 05 13 Medium-Voltage Power Cable 3,200 lin ft

2-27 26 05 13 Medium-Voltage Power Cable Accessories

For the lump sum of $

2-28 26 05 20 Ground Cable 1,600 lin ft

2-29 26 05 20 Ground Rods 13 each $ $

2-30 26 05 20 Electrical Ground Resistance Test For the lump sum of $

2-31 26 05 33 Electrical Conduit 6,400 lin ft

2-32 26 05 33 Fabricated Sheet Steel Boxes, Wiring Troughs, and Precast Handholes

For the lump sum of $

2-33 26 05 36 Cable Trays 550 lin ft $ $

2-34 26 12 19 Pad Mounted Transformer For the lump sum of $

2-35 26 17 20 Metal-Clad Switchgear Assembly For the lump sum of $

2-36 26 18 39 Medium-Voltage Motor Controllers

For the lump sum of $

2-37 26 22 12 Dry-Type Transformer For the lump sum of $

2-38 26 24 13 Switchboards For the lump sum of $

2-39 26 24 41 Distribution Panelboards For the lump sum of $

2-40 26 27 40 Wiring Devices For the lump sum of $

2-41 26 32 10 Diesel Engine-Generator Set at Pumping Plant No. 3

For the lump sum of $

2-42 26 42 10 Corrosion Monitoring Systems For the lump sum of $

2-43 26 42 11 Submerged Galvanic Anode Cathodic Protection System for Welded Tanks

For the lump sum of $

2-44 26 51 00 Interior Lighting For the lump sum of $

2-45 26 52 00 Emergency and Exit Lighting For the lump sum of $

2-46 26 56 00 Exterior Lighting For the lump sum of $

Quantity and Unit

Unit Price Amount

2-47 27 30 01 Telephone System For the lump sum of $

2-48 28 10 01 Security and Surveillance System For the lump sum of $

2-49 28 31 00 Fire Detection and Alarm For the lump sum of $

2-50 31 02 10 Water for Dust Abatement 240 MGal $

2-51 31 02 30 Dust Palliative 8.7 Acre $ $

2-52 31 23 10 Common Excavation for Site and Structure Foundations

7,000 yd3 $ $

2-53 31 23 10 Rock Excavation for Site and Structure Foundations

24,000 yd3 $ $

2-54 31 23 10 Processing Site and Foundation Materials

15,500 yd3 $ $

2-55 31 23 10 Compacted Backfill for Site and Structure Foundations

15,500 yd3 $ $

2-56 31 23 50 Earthwork for Roads 2,650 yd3 $ $

2-57 31 24 18 Gravel Drain Material for Water Storage Tank

550 yd3 $ $

2-58 31 32 36 HDPE Geomembrane for Water Storage Tanks

950 yd2 $ $

2-59 31 37 00 Riprap 35 yd3 $ $ 2-60 32 15 10 Gravel Surfacing 2,400 yd3 $ $

2-61 32 31 01 Fence Grounding For the lump sum of

2-62 32 31 10 Chain Link Fence 1,300 lin ft $

2-63 32 91 60 Erosion Control Blanket 3,200 yd2 $ $

2-64 32 92 20 Seeding 5.4 Acre $ $

2-65 33 09 13 Pressure Differential Flowmeter Systems

For the lump sum of

2-66 33 11 15 PVC Pipe Drains for Water Storage Tanks

300 lin ft $

2-67 33 12 71 Vertical Pumping Units For the lump sum of $

2-68 33 16 14 Air Chambers and Air Compressors

For the lump sum of

Quantity and Unit

Unit Price Amount

2-69 33 16 40 Water Storage Tanks For the lump sum of $

2-70 33 42 30 24-Inch Diameter Corrugated Metal Pipe Culvert

80 lin ft $

2-71 35 21 95 Steel Manifold Piping For the lump sum of $

2-72 35 22 14 Valves and Equipment For the lump sum of

2-73 46 33 00 Mixers For the lump sum of $

Subtotal FOR PRICE SCHEDULE 2 $_________________

Estimated NMGRT at 6.6875% for Price Schedule 2 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 2 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 2 $_________________

For Evaluation purposes only per solicitation Section M.2:

Total Proposed Price Schedule 1, less NMGRT and Navajo Nation Taxes $________________________

Total Proposed Price Schedule 2, less NMGRT and Navajo Nation Taxes $________________________

Total Evaluated Price $ ________________________

END OF SUPPLIES OR SERVICES AND PRICES

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment(s) 1-3 for specifications, drawings, and supporting data.

SECTION D – Packaging and Marking

There are no clauses included in this section.

SECTION E – Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:

FAR Clauses - https://www.acquisition.gov/far/

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

SECTION F -- Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses: FAR Clauses - https://www.acquisition.gov/far/

52.211-13 Time Extensions September 2000 52.242-14 Suspension of Work April 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to

(a) commence work under this contract within 21 calendar days after the date the Contractor receives:

1) Notice to Proceed for non-site work under this contract, which is anticipated within twenty-one (21) calendar days after contract award.

2) Notice to Proceed for site work, which is anticipated to be issued no later than January 13, 2023.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 850 calendar days after the contractor receives the initial non-site work Notice to Proceed issued in accordance with (a)(1) above. The time stated for completion shall include final cleanup of the premises.

1. Complete the Temporary 6-Inch Construction Waterline for use by the Block 4A/4B contractor at Pumping Plant 3 by September 30, 2023.

2. Complete the Temporary 6-Inch Construction Waterline for use by the Block 4A/4B contractor at Pumping Plant 2 by December 31, 2023.

(End of Clause)

F.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 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 $9,492.00 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.

(End of Clause)

SECTION G - Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 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 having 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 exceeding 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 via electronic transmission. This can be through email, mail, or fax. If by fax please request the appropriate fax number. Email is the preferred method of delivery.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.2 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) APRIL 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment requests" means any request for contract financing payment or invoicing 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, failure to provide the items will result in invoice rejection:

1 – Quantity Surveys 2 – Current Copy of As-Built Drawings 3 – Quantity sheets reflecting the CLIN in schedule B, percentage complete, and bold any items nearing or exceeding 100% of the CLIN amount.

4 – Tax documents and receipts for payment (NMGRT or NN tax stubs/payment receipts) for reimbursement of taxes.

Once the invoice has been submitted into the IPP system, the Contractor shall also submit an electronic copy of the invoice to the following:

Contracting Officer: (Ashton Jones – ajones@usbr.gov) Contract Specialist: (Amy Loveless – aloveless@usbr.gov) Procurement Technician: (Chris Zook – czook@usbr.gov)

Failure to transmit invoices via electronic transmission may cause significant delay or possible rejection of your payment request.

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 CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.3 WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION JULY 1993

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference (if in-person) will be held at Four Corners Construction Office at 1235 La Plata Highway in Farmington, NM.

If it cannot be held in-person for any reason, it will be held virtual using Microsoft Teams. If held virtually, each attendee shall attend using a separate computer/camera.

(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.4 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS BUREAU OF RECLAMATION MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

(End of clause)

SECTION H -- Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

DECEMBER 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.

SECTION I - Contract Clauses

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:

FAR Clauses - https://www.acquisition.gov/far/

52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 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 June 2020

52.203-13 Contractor Code of Business Ethics and Conduct November 2021 52.203-17 Contractor Employee Whistleblower Rights and…