140R4023R0016_RFP.pdf

Navajo-Gallup Water Supply Project San Juan Lateral Water Treatment Plant

Solicitation No. 140R4023R0016

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation

Document No.

140R4023R0016

Document Title

NGWSP SJLWTP

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 & Quality Assurance:

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).

The contractor will conduct its own Quality Assurance (QA) program, and Reclamation will only intermittently conduct its own Quality Assurance for specification compliance only, which may 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 contract and quality assurance testing. In the event of a discrepancy between Contractor’s and Government’s test results if performed, Reclamation’s quality assurance test results will be compared to the contractor’s results and a determination must be made whether the item conforms to the specifications or needs to be repaired/replaced at no additional cost to the government.

Quantity Surveys:

FAR Clause 52.236-16 Alt I Quantity Surveys 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 construction progress payment for a contractor’s invoice to be considered as proper. Once construction is complete and all submittals are finalized, the balance of the lump sum price will be paid in the final invoice, quantity surveys are used to ensure the government does not unintentionally advance pay during progress payments.

The Government will have survey crews on site as part of its internal construction oversight and inspection 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.

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. Despite not requiring Reclamation approval, the submittals must still ensure specification compliance. Submittals should be thoroughly reviewed for complete specification compliance and irrelevant data removed for more timely Reclamation informational reviews. Clearly call out any deviations from specification requirements. 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 and final electronic as-builts in .dwg format. As noted in the specification, final as-builts are to include manufacturer/subcontractor drawings (electrical cabinets, PLC cabinets, skid layouts, etc.). 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. Site runoff water creating a path to other natural sites off the approved right of way, etc.

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 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 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 San Juan Lateral Water Treatment Plant site is via Navajo Service Route 36 ROW and is subject to 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.

San Juan Lateral Repairs: The San Juan Lateral (SJL) Transmission system will be fully constructed and tested prior to commissioning of the San Juan Lateral Water Treatment Plant (SJLWTP). However, should any required repairs be discovered along the transmission system at the time of commissioning, those repairs will be made under a Time and Materials CLIN. The SJLWTP Contractor is not required or expected to warranty any other contractor’s work per Contract Clause 52.246-21, Warranty of Construction. The only warranty required is work performed by the SJLWTP contractor and any repair work is sufficient and performed satisfactorily for successful operations. The downstream system was constructed from south to the north, with all transmission pipeline currently constructed and tested, with the exception of Reaches 4A and 4B, which are expected to begin construction April 2023. The downstream infrastructure is currently in use, in good repair, and supplying construction water to ongoing and future contracts. Construction of all upstream facilities will be complete for commissioning and operations by May 2028 and will have been tested satisfactorily to the Government’s specifications.

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: Social distancing is practiced. A mask may be required to be worn throughout the site visit in accordance with Navajo Nation's Public Health Order in effect at the time of the site visit. Reclamation will provide masks if required by the Navajo Nation.

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.

mailto:flamone@usbr.gov

Contents Solicitation No. 140R4023R0016

Preface

SECTION A – SF-1442

SECTION B – Supplies or Services and Prices San Juan Lateral Water Treatment Plant Navajo-Gallup Water Supply Project – 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

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 MARCH 2022

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

H.2 INDIAN PREFERENCE

H.3 INDIAN PREFERENCE PROGRAM

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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MARCH 2022

I.7 52.219-4 NOTICE OF PRICE PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS OCTOBER 2022

I.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION OCTOBER 2022

I.9 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

I.10 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

I.11 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS DECEMBER 2022

I.12 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APRIL 1984

I.13 52.236-4 PHYSICAL DATA APRIL 1984

I.14 52.236-8 OTHER CONTRACTS APRIL 1984

I.15 52.252-4 ALTERATIONS IN CONTRACT APRIL 1984

I.16 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

I.17 1452.203-70 RESTRICTION ON ENDORSEMENTS DEPARTMENT OF INTERIOR JULY 1996

I.18 1452.204-70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

I.19 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

I.20 WBR 1452.223-80 ASBESTOS FREE WARRANTY -- BUREAU OF RECLAMATION AUGUST 2021

I.21 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION AUGUST 2021

I.22 WBR 1452.232-80 LIMITATION OF FUNDS - BUREAU OF RECLAMATION MARCH 2022

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 DECEMBER 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) JULY 2021

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 52.216-30 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS – OTHER THAN COMMERCIAL

ACQUISITION WITHOUT ADEQUATE PRICE COMPETITION NOV 2021

L.13 52.228-1 BID GUARANTEE SEPT 1996

L.14 1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR JUL 1996 (Deviation) L.15 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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

M.2 WBR 1452.215-80 SOURCE SELECTION EVALUATION PROCEDURES – BUREAU OF RECLAMATION MAR 2021 .. 102 M.3 WBR 1452.215-83 EVALUATION FACTORS FOR AWARD—COST OR PRICE PREDOMINANCE – BUREAU OF

RECLAMATION MAR 2021

SECTION A – SF-1442

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Amy Loveless 801-524-3790

9x 03/10/2023

140R4023R0016

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

The principal components of work for SJLWTP include the design, construction, startup, commissioning, and operations and maintenance of a new fully functional

18.8 Million Gallons per Day (MGD) Water Treatment Plant (WTP) and associated components with the capability to expand to 37.6 MGD.

LOCATION OF WORK: South of Bureau of Indian Affairs (BIA) Route 36 (N36) approximately 6.1 miles east of the intersection of U.S. Highway 491 and N36. The intersection of U.S. Highway 491 and N36 is approximately 4 miles south of Shiprock, New Mexico, in San Juan County.

Per the Reclamation Acquisition Regulation (RAR) - WBR 1426.204 - Disclosure of

Magnitude - the estimated magnitude of construction is between $250,000,000 and

$350,000,000.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

21 1826 calendar days and complete it within ________________ ________________ calendar days after receiving

04/20/2023

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

PAGE 10 OF

Ashton Jones

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

11 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4023R0016

Period of Performance: 05/15/2024 to 06/30/2029

00010 San Juan Lateral Water Treatment Plant (SJLWTP)

Design

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Firm-Fixed Price (FFP)

Period of Performance (PoP) - 15 May 2024 to 30

June 2029

See Schedule B for the Price Schedule continuation which includes all CLINs and sub-CLINs.

CLIN includes all items and personnel necessary to ensure a turn-key water treatment plant to

Reclamation. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

Reclamation will receive a complete 30%, 60%, 90% and 100% design.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

00020 San Juan Lateral Water Treatment Plant (SJLWTP)

Construction

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Fixed Price with Economic

Price Adjustment (FP w/ EPA)

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

12 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4023R0016

Period of Performance (PoP) - 15 May 2024 to 30

June 2029

See Schedule B for the Price Schedule continuation which includes all CLINs and sub-CLINs.

CLIN includes all items and personnel necessary to ensure a turn-key water treatment plant to

Reclamation. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

All invoices against this CLIN must include quantity survey data.

Full time safety representative and quality control representative, as well as qualified survey personnel are required.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

00030 San Juan Lateral Water Treatment Plant (SJLWTP)

Startup & Commissioning

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Fixed Price with Economic

Price Adjustment (FP w/ EPA)

Period of Performance (PoP) - 15 May 2024 to 30

June 2029

See Schedule B for the Price Schedule continuation which includes all CLINs and sub-CLINs.

CLIN includes all items and personnel necessary to ensure a turn-key water treatment plant to

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

13 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4023R0016

Reclamation. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

Full time safety representative and quality control representative, as well as qualified survey personnel are required.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

00040 Downstream Repairs - Unpriced CLIN 1 AU

Repairs within previous constructed areas of the

Navajo-Gallup Water Supply Project (NGWSP) for the startup and testing/commissioning phase.

Contractor is not required to warranty previously existing work of other contractors, only make repairs and correct if deficient.

Modification proposals for individual areas of

NGWSP needing repairs under this T&M CLIN shall be provided by the contractor to Reclamation. The contractor shall not proceed with repair work until they are directed by the Contracting

Officer (CO).

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Time-and-Materials (T&M)

Period of Performance (PoP) - 29 January 2028 to

28 January 2029

CLIN includes all items and personnel necessary for downstream repairs to ensure a turn-key water treatment plant to Reclamation. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

14 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4023R0016

This CLIN has a maximum of 1.5% of the overall contract value.

All invoices against this CLIN must include quantity survey data (if applicable).

Full time safety representative and quality control representative, as well as qualified survey personnel are required.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

(Not Separately Priced)

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

Period of Performance: 01/29/2028 to 01/28/2029

00050 Initial 12-Month O&M

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Fixed Price with Economic

Price Adjustment (FP w/ EPA)

Period of Performance (PoP) - 1 July 2028 to 30

June 2029

CLIN includes all items and personnel necessary for O&M. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

Period of Performance: 07/01/2028 to 06/30/2029

00060 Optional 12-Month Extended O&M for Lateral

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

15 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4023R0016

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Fixed Price with Economic

Price Adjustment (FP w/ EPA)

Period of Performance (PoP) - 1 July 2029 to 30

June 2030

CLIN includes all items and personnel necessary for O&M. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

(Option Line Item)

06/15/2029

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

Period of Performance: 07/01/2029 to 06/30/2030

00070 Optional 12-Month Extended O&M for WTP

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachment 2) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Fixed Price with Economic

Price Adjustment (FP w/ EPA)

Period of Performance (PoP) - 1 July 2029 to 30

June 2030

CLIN includes all items and personnel necessary for O&M. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

NAICS: 237110

NAICS Description: Water & Sewer Line & Related

Structures Construction

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

16 110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4023R0016

(Option Line Item)

06/15/2029

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

Period of Performance: 07/01/2029 to 06/30/2030

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

Solicitation Document No.

Document Title

NGWSP SJLWTP

Continuation of Section B – Supplies or Services and Price

SECTION B – Supplies or Services and Prices San Juan Lateral Water Treatment Plant Navajo-Gallup Water Supply Project – New Mexico

PRICE SCHEDULES

(a) 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. Government will award depending upon available funds.

(b) Failure to complete any Price Schedule will result in an incomplete offer that will not be considered.

The Government reserves the right to award items designated as optional individually.

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

(d) 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.

(e) The contract will be awarded to the offeror as detailed in Sections L and M.

(f) Definitions:

(1) CLIN – Contract Line-Item Number

(g) Form J (See Section J Attachment #9)

(1) Include breakdown of the pricing as shown in Form J.

(2) Incorporate all construction work, although the WBS descriptions may not specifically identify each element of the Work.

(3) Revise Form J to add WBS Activities.

(4) Provide a comment on Form J or attach an explanation describing the reasons for each revision.

(5) Except as provided in this paragraph, do not revise Form J.

PHASE 1

No pricing information shall be submitted with the Phase 1 Request for Qualifications / Statement of Qualifications

PHASE 2

All of the following (Table A, Price Schedule B, Price Schedule C and Price Schedule D) shall be submitted by the offerors on the short list for Bid Phase 2.

TABLE A – OVERHEAD AND PROFIT

Item Category Design, Percent

Construction, Percent

A-1 Job Management/General/Field Overhead Costs

A-2 Home Office Overhead (General and Administrative)

A-3 Profit

A-4 Bonds and Insurance

PRICE SCHEDULE B

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

B-1 01 81 05 Partnering (50 percent of total price of partnering)

For the lump sum of $

B-2 01 81 05 Design of Water Treatment Plant (30%, 60%, 90%, 100% Designs)

For the lump sum of $

Subtotal FOR PRICE SCHEDULE B $_________________

Estimated NMGRT at 6.6250% for Price Schedule B (if applicable) $_________________

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

TOTAL FOR PRICE SCHEDULE B $_________________

PRICE SCHEDULE C

and Unit

Unit Price

Amount

C-1 Form J 01 81 05

(See Section J

Attachment #9)

Construction of Water Treatment Plant

Lump Sum $

Subtotal FOR PRICE SCHEDULE C $_________________

Estimated NMGRT at 6.6250% for Price Schedule C (if applicable) $_________________

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

TOTAL FOR PRICE SCHEDULE C $_________________

PRICE SCHEDULE D

and Unit

Unit Price

Amount

D-1 01 81 05 Repair of San Juan Lateral (downstream/upstream)

Time-and-Materials $0.00 (not evaluated)

D-2 01 81 05 Start up and Commissioning of San Juan Lateral for Initial 6- Month Period

D-3 01 81 05 Start up and Commissioning of Water Treatment Plant for Initial 6-Month Period

For the lump sum of $

D-4 01 81 05 Operation & Maintenance of San Juan Lateral for 6- Month Period after Startup and Commissioning 6 Month Period

PRICE SCHEDULE D

and Unit

Unit Price

Amount

D-5 01 81 05 Operation and Maintenance of Water Treatment Plant for 6- Month Period after Startup and Commissioning 6 Month Period

For the lump sum of $

D-6 01 81 05 Optional Extended Operation and Maintenance of Lateral for 12-Month Period

For the lump sum of $(not evaluated as TEP)

D-7 01 81 05 Optional Extended Operation and Maintenance of WTP for12-Month Period

For the lump sum of $(not evaluated as TEP)

Subtotal FOR PRICE SCHEDULE D $_________________

Estimated NMGRT at 6.6250% for Price Schedule D (if applicable) $_________________

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

TOTAL FOR PRICE SCHEDULE D $_________________

For Evaluation purposes only per solicitation Section M.3:

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

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

Total Proposed Price Schedule D, 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) 1-2 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 https://www.acquisition.gov/far/

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/

52.242-14 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 June 30, 2024.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 1,826 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 construction for use by June 30, 2028.

(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 (if applicable) 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.

5 – Approved construction schedule

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 MARCH 2022

(a) Prior to the contractor starting work, a postaward 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.

https://www.ipp.gov/ mailto:ajones@usbr.gov mailto:aloveless@usbr.gov mailto:czook@usbr.gov mailto:ippgroup@bos.frb.org

(d) The Contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.

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.