140R4023R0029_Draft_RFP-Pre-Sol_2.pdf

Potomac Dam No. 5 Left Abutment Repair

Solicitation No. 140R4023R0029

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation

Document No.

140R4023R0029

Document Title

Site Visit:

Please contact Mr. James Long “RICK” (jlong@usbr.gov, (801) 379-1182) to be added to the attendee list and for any additional questions or information concerning the site visit.

Contents

SECTION A – SF-1442

SECTION B – Supplies or Services and Prices Potomac Dam No. 5 Left Abutment Repair 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 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 PE Hydro Generation Warranty/Insurance

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.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION MARCH 2023

I.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

I.8 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

I.9 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS DECEMBER 2022

I.10 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APRIL 1984

mailto:flamone@usbr.gov

I.11 52.236-4 PHYSICAL DATA APRIL 1984

I.12 52.236-8 OTHER CONTRACTS APRIL 1984

I.13 52.252-4 ALTERATIONS IN CONTRACT APRIL 1984

I.14 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

I.15 1452.203-70 RESTRICTION ON ENDORSEMENTS DEPARTMENT OF INTERIOR JULY 1996

I.16 1452.204-70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

I.17 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

I.18 WBR 1452.223-80 ASBESTOS FREE WARRANTY -- BUREAU OF RECLAMATION AUGUST 2021

I.19 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION AUGUST 2021

I.21 WBR 1452.232-81 – PAYMENT FOR MOBILIZATION AND PREPARATORY WORK – BUREAU OF RECLAMATION

ALT II MARCH 2022

I.22 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION MARCH 2022

I.23 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 MARCH 2023

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

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 52.228-1 BID GUARANTEE SEPT 1996

L.13 52.228-1 INDIVIDUAL SURETY – PLEDGE OF ASSETS (BID GUARANTEE) FEB 2021

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 M.3 WBR 1452.215-84 EVALUATION FACTORS FOR AWARD—QUALITY AND COST/PRICE APPROXIMATELY EQUAL –

BUREAU OF RECLAMATION MAR 2021

SECTION A – SF-1442

See continuation pages for SF-1442.

SECTION B – Supplies or Services and Prices Potomac Dam No. 5 Left Abutment Repair

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

POTOMAC DAM NO. 5

LEFT ABUTMENT STABILIZATION

CHESAPEAKE & OHIO CANAL NATIONAL HISTORICAL PARK

NATIONAL PARK SERVICE – CLEAR SPRING, MARYLAND

PMIS 287511 and LRF N014

ETIC Number 412/180414

PRICE SCHEDULES

(a) Offers will be considered for award on the following Price Schedules, but no offer will be considered for award on partial Price Schedules.

(1) Offerors shall complete Price Schedules 1, 2, 3, and 4. Offerors that do not submit all Price Schedules (1-4) in its proposal will be considered incomplete/unacceptable and will not be evaluated for award.”

(2) Price Schedules 2, 3, and 4 are Additive Price Schedules.

(3) Offers will be evaluated based on the total of Price Schedules 1, 2, 3, and 4.

(4) The Government will award Price Schedule 1. The Government may award Price Schedule 2, Price Schedule 3, or Price Schedule 4 depending on available funds.

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

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

(d) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 1-1.

(e) Definitions:

(1) CLIN – Contract Line Item Number

PRICE SCHEDULE 1

LEFT ABUTMENT

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1-1 WBR

1452.232 -81

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 53 23 Temporary Access Crossing For the lump sum of $

1-4 01 55 20 Traffic Control For the lump sum of $

1-5 02 04 10 Towpath Detour For the lump sum of $

1-6 02 41 10 Removal of Existing River Debris

350 yd2 $ $

1-7 02 41 12 Removing, Storing, and Reinstalling Existing Signs

For the lump sum of $

1-8 03 15 12 PVC Waterstops 35 lin ft $ $

1-9 03 15 14 PVC Retro-Fit Waterstop 145 lin ft $ $

1-10 03 30 00 Concrete 27 yd3 $ $

1-11 03 37 10 Shotcrete 240 yd2 $ $

1-12 04 01 40 Cleaning and Preparing Left Abutment Wall for Repointing

7,100 ft2 $ $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1-13 04 01 40 Repointing Left Abutment Wall

5,000 ft2 $ $

1-14 04 03 06 Left Abutment Wall Grouting

720 ft3 $ $

1-15 04 03 07 Resetting Existing Left Abutment Wall Coping Stones Sta. 0+28 to Sta.

1+00

360 ft2 $ $

1-16 04 03 07 New Left Abutment Wall Coping Stones Sta. 0+28 to Sta. 1+00

95 ft3 $ $

1-17 04 03 07 New Left Abutment Wall Stones Up Station of Sta.

1+00

50 ft3 $ $

1-18 04 03 07 Crack Repair of Left Abutment Wall Stone Blocks

240 lin ft $ $

1-19 04 03 07 Installing Left Abutment Wall Joint Infill Stone

4,500 ft2 $ $

1-20 31 03 33 Removal and Control of Water

For the lump sum of $

1-21 31 09 13 Left Abutment Masonry Wall Stability Monitoring Services

For the lump sum of $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1-22 31 11 00 Clearing and Grubbing 0.5 acres $ $

1-23 31 11 00 Tree Removal 9 trees $ $

1-24 31 14 10 Stripping 185 yd3 $ $

1-25 31 23 10 Excavation for Left Abutment

3,300 yd3 $ $

1-26 31 23 12 Sand Filter Material 500 yd3 $ $

1-27 31 23 14 Gravel Drain Material 11 yd3 $ $

1-28 31 23 15 Clay Cap 790 yd3 $ $

1-29 31 23 16 Clay Backfill 220 yd3 $ $

1-30 31 23 17 No. 57 Stone Fill 1,200 yd3 $ $

1-31 31 23 39 Disposal of Excavated Materials to a Suitable Disposal Location

660 yd3 $ $

1-32 31 23 70 Controlled Low Strength Material (CLSM)

6 yd3 $ $

1-33 31 24 16 Rockfill Buttress 460 yd3 $ $

1-34 31 25 10 Erosion Control For the lump sum of $

1-35 31 32 32 No. 57 Stone Geotextile 970 yd2 $ $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1-36 31 32 32 Rockfill Buttress Geotextile 170 yd2 $ $

1-37 31 32 72 Articulating Concrete Block Revetment

925 yd2 $ $

1-38 31 34 00 Post Installed Adhesive Anchors anchors

1-39 31 34 00 Double Twist Hexagonal Mesh Netting (DTHMN)

210 yd2 $ $

1-40 31 34 00 Geocomposite Strip Drains 270 lin ft $ $

1-41 31 34 00 Geogrid Connections 750 lin ft $ $

1-42 31 34 19 Geogrid Reinforcement 2,800 yd2 $ $

1-43 31 56 20 Secant Pile Cutoff Wall 2,100 lin ft $ $

1-44 32 15 10 Gravel Surfacing for Towpath

345 yd2 $ $

1-45 32 15 10 Gravel Surfacing for Parking Lot

490 yd2 $ $

1-46 32 91 20 Placing Topsoil 280 yd3 $ $

1-47 32 92 20 Seeding 0.85 acres $ $

1-48 33 12 33 River Staff Gage For the lump sum of $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1-49 33 46 36 8-Inch Diameter Slotted PVC Drain Pipes

170 lin ft $ $

1-50 33 46 36 8-Inch Diameter Solid PVC Drain Pipes

95 lin ft $ $

1-51 33 46 36 Drain Cleanouts 6 drain cleanouts

1-52 33 46 42 Weir Box For the lump sum of $

TOTAL FOR PRICE SCHEDULE 1 $_________________

PRICE SCHEDULE 2, ADDITIVE

GUARD LOCK

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

2-1 31 03 33 Removal and Control of Water

For the lump sum of $

2-2 31 09 13 Guard Lock Stability Monitoring Services

For the lump sum of $

2-3 31 11 00 Clearing and Grubbing 0.05 acres $ $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

2-4 31 14 10 Stripping 125 yd3 $ $

2-5 31 23 11 Excavation for Guard Lock 800 yd3 $ $

2-6 31 23 12 Sand Filter Material 400 yd3 $ $

2-7 31 23 14 Gravel Drain Material 19 yd3 $ $

2-8 31 23 15 Clay Cap 160 yd3 $ $

2-9 31 23 16 Clay Backfill 65 yd3 $ $

2-10 31 23 18 Structural Fill Layer 245 yd3 $ $

2-11 31 23 39 Disposal of Excavated Materials to a Suitable Disposal Location

285 yd3 $ $

2-12 31 23 70 Controlled Low Strength Material (CLSM)

3 yd3 $ $

2-13 31 32 72 Articulating Concrete Block Revetment

325 yd2 $ $

2-14 32 91 20 Placing Topsoil 80 yd3 $ $

2-15 32 92 20 Seeding 0.05 acres $ $

2-16 33 46 36 8-Inch Diameter Slotted PVC Drain Pipes

260 lin ft $ $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

2-17 33 46 36 8-Inch Diameter Solid PVC Drain Pipes

85 lin ft $ $

2-18 33 46 42 Weir Box For the lump sum of $

TOTAL FOR PRICE SCHEDULE 2 $_________________

TOTAL FOR PRICE SCHEDULES 1 AND 2 $_________________

PRICE SCHEDULE 3, ADDITIVE

MULE BRIDGE ABUTMENT

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

3-1 02 41 16 Removing and Preserving Existing Mule Bridge Abutment Concrete Cap Beam

For the lump sum of $

3-2 02 41 16 Disassembling and Preserving Existing Mule Bridge Abutment Stone Wall

160 ft2 $ $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

3-3 02 43 10 New Stones for Mule Bridge Abutment

82 ft3 $ $

3-4 02 43 10 Installing Mule Bridge Abutment Stone Facing

32 ft2 $ $

3-5 02 43 10 Reconstructing Mule Bridge Abutment Dry-Laid Masonry

93 ft2 $ $

3-6 02 43 10 Reinstalling Mule Bridge Abutment Concrete Cap Beam

For the lump sum of $

3-7 02 43 10 Stainless Steel Bearing Plate for Mule Bridge Abutment

For the lump sum of $

3-8 03 20 50 Foundation Anchor Bars 12 anchor bars

3-9 03 30 00 Concrete 9 yd3 $ $

3-10 31 14 10 Stripping 7 yd3 $ $

3-11 31 23 13 Excavation for Mule Bridge Abutment

53 yd3 $ $

3-12 31 23 39 Disposal of Excavated Materials to a Suitable Disposal Location

53 yd3 $ $

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

3-13 31 23 70 Controlled Low Strength Material (CLSM)

53 yd3 $ $

3-14 31 32 13 Slush Grouting 135 ft3 $ $

3-15 31 32 42 Geocomposite Sheet Drains for Mule Bridge Abutment

125 ft2 $ $

3-16 32 91 20 Placing Topsoil 7 yd3 $ $

3-17 32 92 20 Seeding 0.01 acres $ $

TOTAL FOR PRICE SCHEDULE 3 $_________________

TOTAL FOR PRICE SCHEDULES 1, 2, AND 3 $_________________

PRICE SCHEDULE 4, ADDITIVE

DRY-LAID STONE RETAINING WALL

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

4-1 04 03 07 Rebuilding Top of Dry-laid Stone Retaining Wall

290 ft3 $ $

PRICE SCHEDULE 4, ADDITIVE

DRY-LAID STONE RETAINING WALL

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

4-2 04 03 07 Dry-laid Stone Retaining Wall Chinking and Stone Replacement

1,300 ft2 $ $

(a)

TOTAL FOR PRICE SCHEDULE 4 $_________________

TOTAL FOR PRICE SCHEDULES 1, 2, 3, AND 4 $_________________

END OF SUPPLIES OR SERVICES AND PRICES/COSTS

This page intentionally left blank.

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment(s) 1-2 for specifications, drawings, and supporting data.

Drawings will only be provided to verified entities that have requested the drawings. Send all requests to Andrew Taylor at ataylor@usbr.gov and Shannon Harrell at sharrell@usbr.gov.

mailto:ataylor@usbr.gov mailto:sharrell@usbr.gov

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/

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

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

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 November 29, 2023.

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 639 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 September 5, 2025.

(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 $6,500 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 (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 – 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: (Andrew Taylor – ataylor@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

(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: TBD

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

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

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.”

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.

https://www.cpars.gov/

H.2 PE Hydro Generation Warranty/Insurance

Contractor shall secure and maintain the following minimum insurance coverages for the PE Hydro Generation area’s as follows:

1. Commercial general liability Limits of liability:

$2,000,000. General aggregate $2,000,000. Products/completed operations aggregate $1,000,000. Personal & advertising injury limit $1,000,000. Per occurrence

2. Automobile liability:

Limits of liability: $1,000,000. Per accident

3. Workers’ compensation: Limits of liability: statutory

4. Employers’ liability:

Limits of liability: $1,000,000. Per occurrence

5. Umbrella/excess liability:

$3,000,000. Aggregate excess over primary limits of liability required for commercial general liability, automobile liability and employers’ liability.

6. Professional liability: Limits of liability:

$1,000,000. Each claim $2,000,000. Aggregate

All other project areas shall maintain standard commercial insurance coverage.

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 Requirement to

Inform Employees of Whistleblower Rights June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

January 2017

52.204-4 Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper

May 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

June 2020

52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and

Certifications December 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Entities

November 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

November 2021

52.204-27 Prohibition on a ByteDance Covered Application June 2023 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment November 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.210-1 Market Research November 2021 52.215-2 Audit and Records – Negotiations June 2020 52.215-8 Order of Precedence – Uniform Contract Format October 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data August 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—

Modifications June 2020

52.215-12 Subcontractor Certified Cost or Pricing Data June 2020 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications June 2020 52.215-17 Waiver of Facilities Capital Cost or Money October 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data – Modifications November 2021

52.219-6 Notice of Total Small Business Set-Aside November 2020 52.219-8 Utilization of Small Business Concerns October 2022 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation May 2018

52.222-6 Construction Wage Rate Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records July 2021 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity September 2016 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-37 Employment Reports on Veterans June 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act December 2010

52.222-50 Combating Trafficking in Persons November 2021 52.222-54 Employment Eligibility Verification May 2022 52.222-55 Minimum Wages Under Executed Order 13658 January 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service

And Construction Contracts September 2013

52.223-3 Alt I Hazardous Material Identification and Material Safety Data – Alternate I

July 1995

52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts August 2018

52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving

June 2020

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements

May 2014

52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.227-1 Authorization and Consent June 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement June 2020

52.227-4 Patent Indemnity – Construction Contracts December 2007 52.228-2 Additional Bond Security October 1997 52.228-11 Pledges Of Assets February 2021 52.228-12 Prospective Subcontractor Requests for Bonds December 2022 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds–Construction June 2020 52.229-3 Federal, State And Local Taxes February 2013 52.232-5 Payments Under Fixed-Price Construction May 2014 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts January 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payment to Small Business

Subcontractors March 2023

52.233-1 Disputes May 2014 52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-15 Schedules for Construction Contracts April 1984 52.236-16 Alt I Quantity Survey April 1984 52.236-17 Layout of Work April 1984 52.236-21 Alt II Specifications and Drawings for Construction Alternate II April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-4 Changes (CONST) June 2007 52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering – Construction October 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)

Alternate I (September 1996) (CONST) September 1996

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

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

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

Hotline Posters IAW DIAR 1403.1004

Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at https://www.dol.gov/general/topics/posters & https://www.doioig.gov/complaints-requests/contractor-recipient-resources

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract —

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

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

SYSTEMS NOVEMBER 2021

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

https://www.dol.gov/general/topics/posters https://www.doioig.gov/complaints-requests/contractor-recipient-resources https://www.doioig.gov/complaints-requests/contractor-recipient-resources

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph ©, in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

I.4 52.209-1 QUALIFICATION REQUIREMENTS FEBRUARY 1995

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) ___________________________________________

(Address) _________________________________________

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _____________________________________

Manufacturer’s Name______ __________________________

Source’s Name _____________________________________

Item Name ________________________________________

Service Identification ________________________________

Test Number _______________________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract.

Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of Clause)

I.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION MARCH

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall…