140R4024_Solicitation_-__Terms_and_conditions.pdf

Flaming Gorge Visitor Center windows and Doors

Replacement project

Dutch John Utah 84023

Solicitation No.: 140R4024Q0050

INTERIOR REGION 7 • UPPER COLORADO BASIN

COLORADO, NEW MEXICO, UTAH, WYOMING

Quotes MUST be emailed or delivered to Lisa Laughbon llaughbon@usbr.gov prior to July

26,2024 at 1700 hours mountain time. The address to mail or deliver a quote is Bureau of

Reclamation, Room 8100 UC ‐842 125 south state street Salt Lake City Utah

Please include the solicitation number on the envelope.

Inquiries regarding this solicitation should be made to the following:

Lisa Laughbon llaughbon@usbr.gov

(801)524‐3732

Email correspondence regarding this solicitation should reference the solicitation number in the subject line and the body of the email.

information.

Contents

SUPPLIES OR SERVICES AND PRICES

Contract Clauses

52.252‐2 ‐‐ Clauses Incorporated by Reference. (Feb 1998)

52.252‐6 ‐‐ Authorized Deviations in Clauses. (Nov 2020)

52.211‐10 ‐‐ Commencement, Prosecution, and Completion of Work. (Apr 1984)

52.225‐9 ‐‐ Buy American–Construction Materials. (May 2014)

52.228‐13 Alternative Payment Protections (JUL 2000)

52.236‐8 ‐‐ Other Contracts. Bureau of Reclamation. (Apr 1984) (DEVIATION)

52.236‐13 ‐‐ Accident Prevention. (Nov 1991)

1452.201‐70 Authorities and delegations. (SEP 2011)

1452.203‐70 Restrictions on Endorsements – Department of the Interior (Jul 1996)

1452.204‐70 Release of Claims—Department of the Interior (Jul 1996)

1452.236‐70 Prohibition Against Use of Lead‐based Paint. (Jul 1996)

1452.237‐70 Information Collection—Department of the Interior (JUL 1996)

DOI‐AAAP‐0028 Electronic Invoicing and Payment Requirements ‐ Invoice Processing Platform (IPP) (Apr 2013)

WBR 1452.242‐80 – Post Award Conference – Bureau of Reclamation (Jul 1993)

WBR 1452.201‐80 Contracting Officer’s Representative’s Authorities and Limitations – Bureau of Reclamation (May 2018) .. 18

WBR 1452.223‐80 ASBESTOS‐FREE WARRANTY ‐‐ BUREAU OF RECLAMATION (AUG 2021)

WBR 1452.223‐81 Safety and Health – Bureau of Reclamation (OCT 2022)

1452.215‐71 ‐‐ Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984)

WBR 1452.236‐84 – Preservation of Cultural Resources – Bureau of Reclamation (Feb 2000)

WBR 1452.232‐81 – Payment for Mobilization and Preparatory Work – Bureau of Reclamation (MAR 2022)

List of Attachments and Exhibits

Provisions

52.252‐1 ‐‐ Solicitation Provisions Incorporated by Reference. (Feb 1998)

52.204‐8 ‐ Annual Representations and Certifications (MAY 2024)

1452.215‐71 ‐‐ Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984)

WBR 1452.233.82 NOTICE OF PROPOSED PARTNERING ‐‐ BUREAU OF RECLAMATION (MAY 1994)

52.252‐5 ‐‐ Authorized Deviations in Provisions. (Apr 1984)

52.216‐1 ‐‐ Type of Contract. (Apr 1984)

52.233‐2 ‐‐ Service of Protest Department of the Interior. (Jul 1996) (DEVIATION)

52.236‐27 ‐‐ Site Visit (Construction) – Alternate I (Feb 1995)

WBR 1452.236‐85 Instruction for Mobilization and Preparatory work schedule line item ‐ ‐‐Bureau of Reclamation (May 2000)

140R4024Q0050 Flaming Gorge VC Windows and Door Replacement

SUPPLIES OR SERVICES AND PRICES

PRICE SCHEDULES

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

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

(b) 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.

(c) See the contract clause at WBR 1452.232‐81, Payment for Mobilization and Preparatory Work, for CLIN 1 of the Price Schedule.

(e) Definitions:

(1) CLIN – Contract Line‐Item Number

PRICE SCHEDULE

Schedule A

CLIN DESCRIPTION UNIT QUANTI

TY

PRICE TOTAL

A‐1 Mobilization and Preparatory Work Lump Sum (LS) 1

A‐2 Window Approximate Measurement

W84” XH77”

EA 3

A‐3 West store front door Approximate measurements

W 76”: x H 106 ½”

EA 1

A‐4 Northern door Approximate measurements

W 83”: x H 106 ½”

EA 1

Total Schedule A _______________________________

Schedule B

Options: Windows

B‐1 W 62” x H 76 5/8” EA 1

B‐2 W 84” X H 76 ¾”

EA 2

B‐3 W 50” X H 19 ½” EA 2

B‐4 W 31” X H 19 ½” EA 2

B‐5 W 50 ¼” X H 19 ½ “ EA 1

B‐6 W 50 1/8” X H 19 ½“ EA 1

B‐7 W 36” X H 19” EA 1

B‐8 W 84” X H 77” EA 1

B‐9 W 85 3/8” X H 77” EA 1

Total price Schedule B _____________________

Total Price _____________________

Contract Clauses

52.252‐2 ‐‐ Clauses Incorporated by Reference. (Feb 1998)

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

Website: https://www.acquisition.gov/content/regulations.

(End of Clause)

Clauses Included by Reference:

52.204‐9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.204‐12 Unique Entity Identifier Maintenance. ( Oct 206)

52.204‐13 – System for Award Management Maintenance. (Oct 2018)

52.209‐6 ‐ Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020)

52.209‐10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015)

52.213‐4 Terms and Conditions ”Simplified Acquisitions (Other Than Commercial Products and

Commercial Services). May (2024)

52.215‐8 – Order of Precedence‐Uniform Contract Format (Oct 1997)

52.219‐6 ‐‐ Notice of Total Small Business Set‐Aside. (DEVIATION 2019‐O0003, DOI‐AAP‐0150 8/7/19) (Aug 2019)

52.219‐14 ‐‐ Limitations on Subcontracting. (DEVIATION 2019‐O0003) (Jan 2017)

52.219‐28 – Post‐Award Small Business Program Representation. (May 2020)

52.222‐1 ‐‐ Notice to the Government of Labor Disputes. (Feb 1997)

52.222‐6 – Construction Wage Rate Requirements. (Aug 2018)

52.222‐7 ‐‐ Withholding of Funds. (May 2014)

52.222‐8 ‐‐ Payrolls and Basic Records. (Jul 2021)

52.222‐9 ‐‐ Apprentices and Trainees. (Jul 2005)

52.222‐10 ‐‐ Compliance with Copeland Act Requirements. (Feb 1988)

52.222‐11 ‐‐ Subcontracts (Labor Standards). (May 2014)

52.222‐12 ‐‐ Contract Termination – Debarment. (May 2014)

52.222‐13 ‐‐ Compliance with Construction Wage Rate Requirements and Related Regulations. (May

2014)

52.222‐14 ‐‐ Disputes Concerning Labor Standards. (Feb 1988)

52.222‐15 ‐‐ Certification of Eligibility. (May 2014)

52.222‐27 ‐‐ Affirmative Action Compliance Requirements for Construction. (Apr 2015)

52.222‐50 – Combating Trafficking in Persons. (Nov 2021)

52.222‐54 Employment Eligibility Verification. (22‐May)

52.223‐5 ‐‐ Pollution Prevention and Right‐to‐Know Information. (May 2024)

52.223‐15 ‐‐ Energy Efficiency in Energy‐Consuming Products (May 2020)

52.223‐17 – Affirmative Procurement of EPA‐Designated Items in Service and Construction Contracts.

(Aug 2018)

52.223‐18 – Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020)

52.228‐2 ‐‐ Additional Bond Security. (Oct 1997)

52.228‐5 ‐‐ Insurance ‐‐ Work on a Government Installation. (Jan 1997)

52.228‐11 ‐‐ Pledges of Assets. (Aug 2018)

52.228‐12 ‐‐ Prospective Subcontractor Requests for Bonds. (May 2014)

52.228‐14 ‐‐ Irrevocable Letter of Credit. (Nov 2014)

52.229‐3 ‐‐ Federal, State, and Local Taxes. (Feb 2013)

52.232‐5 ‐‐ Payments Under Fixed‐Price Construction Contracts. (May 2014)

52.232‐17 ‐‐ Interest. (May 2014)

52.232‐23 ‐‐ Assignment of Claims. (May 2014)

52.232‐27 ‐‐ Prompt Payment for Construction Contracts. (Jan 2017)

52.232‐40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.236‐1 – Performance of Work by the Contractor (Apr 1984)

52.236‐2 ‐‐ Differing Site Conditions. (Apr 1984)

52.236‐3 ‐‐ Site Investigation and Conditions Affecting the Work. (Apr 1984)

52.236‐5 ‐‐ Material and Workmanship. (Apr 1984)

52.236‐6 ‐‐ Superintendence by the Contractor. (Apr 1984)

52.236‐7 ‐‐ Permits and Responsibilities. (Nov 1991)

52.236‐9 ‐‐ Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr

1984)

52.236‐10 ‐‐ Operations and Storage Areas. (Apr 1984)

52.236‐11 ‐‐ Use and Possession Prior to Completion. (Apr 1984)

52.236‐12 ‐‐ Cleaning Up. (Apr 1984)

52.236‐14 Availability and Use of Utility Services.

52.236‐26 ‐‐ Preconstruction Conference. (Feb 1995)

52.242‐14 ‐‐ Suspension of Work. (Apr 1984)

52.243‐5 – Changes and Changed Conditions (April 1984)

52.246‐12 ‐‐ Inspection of Construction. (Aug. 1996)

52.249‐10 ‐‐ Default (Fixed‐Price Construction). (Apr 1984)

52.252‐6 ‐‐ Authorized Deviations in Clauses. (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation

(48 CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(c) (End of Clause)

52.211‐10 ‐‐ Commencement, Prosecution, and Completion of Work. (Apr 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the award.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use no later than 60 calendar days after work commences. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.225‐9 ‐‐ Buy American–Construction Materials. (May 2014)

(a) Definitions. As used in this clause‐‐

“Commercially available off‐the‐shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means‐‐

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty‐ free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR

12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: none

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest;

or

(iii) The construction material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for

Government evaluation of the request, including‐‐

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty‐free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting

Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty‐free entry certificate is issued).]

52.228‐13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections

Payment Bond

Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one‐year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.236‐8 ‐‐ Other Contracts. Bureau of Reclamation. (Apr 1984) (DEVIATION)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with

Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the

Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees. The following other contract work is anticipated to be performed at or near the site of this contract; None.

(End of Clause)

52.236‐13 ‐‐ Accident Prevention. (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will ‐‐

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall ‐‐

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR

Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any

Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385‐

1‐ 1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or

Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the

Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of Clause)

1452.201‐70 Authorities and delegations. (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the

Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

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

(End of clause)

1452.203‐70 Restrictions on Endorsements – Department of the Interior (Jul 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205‐1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the

Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

1452.204‐70 Release of Claims—Department of the Interior (Jul 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting

Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI‐137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

1452.236‐70 Prohibition Against Use of Lead‐based Paint. (Jul 1996) Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of clause)

1452.237‐70 Information Collection—Department of the Interior (JUL 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the

Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the

Contracting Officer which is necessary to obtain approval from OMB.

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212‐4

Contract Terms and Conditions ‐ Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:‐Completed invoice reflecting the CLINS in schedule

B. The Invoice should shall be stamped and approved by the COR before submittal into IPP 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: Lisa Laughbon llaughbon@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 SAM) 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.

(End of Local Clause)

WBR 1452.242‐80 – Post Award Conference – Bureau of Reclamation (Jul 1993)

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart

42.5), will be convened by the contracting activity or contract administration office. The Contractor's

Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at Flaming Gorge Visitor Center

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its offer.

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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

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

Contractor to the Government.

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

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting

Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that ‐

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

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

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

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

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

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

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

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

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

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

(End of clause)

WBR 1452.223‐80 ASBESTOS‐FREE WARRANTY ‐‐ BUREAU OF RECLAMATION (AUG 2021)

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos‐free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos‐free product is not available.

WBR 1452.223‐81 Safety and Health – Bureau of Reclamation (OCT 2022)

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to an employee’s health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation’s Reclamation Safety and

Health Standards (RSHS) and, if incorporated, 52.236‐13 Accident Prevention.

The RSHS manual shall be obtained at:

http://www.usbr.gov/safety/rshs/index.html

(c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health Administration (OSHA), U.S.

Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, or in the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail.

(e) If required in the SOW or PWS, the Contractor shall submit a written proposed safety program as prescribed in the

RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract.

1452.215‐71 ‐‐ Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption

(9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of

Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do

so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of

Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of

Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of clause)

WBR 1452.236‐84 – Preservation of Cultural Resources – Bureau of Reclamation (Feb 2000)

(a) Definitions.

"Cultural items" as defined by Native American Graves Protection and Repatriation Act (NAGPRA) include

Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony.

"Cultural resources" is a broad term that includes prehistoric, historic, architectural, and traditional cultural properties; specific items include, but are not limited to, human skeletal remains, archaeological artifacts, records, and material remains related to such properties.

"Funerary objects" means Native American items that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains.

"Human remains" means the physical remains of the body of a person.

"Native American" means of, or relating to, a tribe, people, or culture that is indigenous to the United States.

"Sacred objects" means Native American items that are specific ceremonial objects needed by traditional

Native American religious leaders for the practice of traditional Native American religions by their present‐ day adherents. These items are specifically limited to objects that were devoted to a traditional Native

American religious ceremony or ritual and which have religious significance or function in the continued observance or renewal of such ceremony.

"Objects of cultural patrimony" means Native American items having ongoing historical, traditional, or cultural importance central to the Native American tribe or Native Hawaiian organization itself, rather than property owned by an individual tribal or organization member. These objects are of such central importance that they may not be alienated, appropriated, or conveyed by any individual tribal or organization member.

(b) General. Federal legislation provides for the protection and preservation of cultural resources that may be impacted or altered as a result of any Federal project, activity, or program or federally licensed or assisted project, activity, or program.

(c) Discovery of Resources. Should the Contractor, or any of the Contractor's employees, subcontractors, or parties operating or associated with the Contractor, in the performance of this contract discover evidence of possible cultural resources, the Contractor shall immediately cease work at that location and provide oral notification to the contracting officer, giving location and nature of the findings. The Contractor shall forward a written report of findings to the Contracting Officer within 48 hours.

(i) If a cultural resource is determined by Reclamation to be a Native American cultural item, then the

Contractor shall cease the activity in the area of the discovery, make a reasonable effort to protect the items discovered, and wait for written approval from the Contracting Officer before resuming activity.

(ii) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer and follow with written confirmation within 48 hours to the responsible tribal official and the contracting officer. (The contracting officer will supply the name and phone number of the tribal official.

(iii) The Contractor shall exercise care so as not to disturb or damage any cultural resources discovered during the execution of this contract and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition by Reclamation. The

Contractor shall not resume work in the area of a discovery until written notice to proceed is received from the contracting officer.

(d) Approval of Use Areas and Borrow Sources. If the Contractor proposes to use a location other than an approved location (approved locations to be provided by the contracting officer), the location(s) must first be approved for use by the contracting officer. When considering an unapproved use area or borrow source, the

Contractor shall submit a map showing the location to the contracting officer at least 45 calendar days in advance of any proposed use. The Contractor or his subcontractors shall take no action to use or alter the proposed location until written approval is provided by the contracting officer.

(e) Compensation for Delays. Where appropriate by reason of discovery, the contracting officer may order changes in the schedule or work. If such delays or changes are ordered, any equitable adjustment under the contract will be provided in accordance with the applicable clauses of the contract.

(f) Subcontractors. The Contractor shall insert this clause in all subcontracts that involve performance of work on job site terrain.

(g) Cost. Except as provided in subsection (e) above, the cost of complying with this contract clause shall be included in the prices offered in the schedule for other items of work.

(h) Government Access. The Contractor's arrangement with landowners shall permit the Government or its representatives access to the land to identify cultural resources and conduct appropriate inspections during the Contractor's use of the area or during material procurement.

(End of clause)

(a) General. Payment for the Mobilization and Preparatory Work line item of the schedule will be made as reflected herein. To the extent that this line item exceeds the percentage of total contract pricing as estimated by the Contracting Officer in WBR

1452.236‐85, Instruction for Mobilization and Preparatory Work Schedule Line Item, payment will be made as reflected in

Section (d)(5) below. Reclamation will make payment to the Contractor in accordance with this clause for operations including, but not limited to, those necessary for ‐‐

(1) Movement of personnel, equipment, supplies, and incidentals to the project site;

(2) The establishment of offices, buildings, plants and other facilities, at the site (excludes temporary buildings (e.g. storage sheds, shops, offices) and utilities listed in the Operations and Storage Areas clause of this contract;

(3) Payment of premiums for project bonds and insurance; and

(4) Other work and operations which must be performed or costs incurred incident to the initiation of meaningful work at the site and for which the contract does not otherwise provide for payment.

(b) Facilities and equipment covered by mobilization work.

(1) All facilities, plant, and equipment which are established at, or brought to, the site shall be deemed to be subject to the provisions of this paragraph unless the Contracting Officer specifically provides other written authorization for a particular item or items.

(2) The Contractor shall be solely responsible for the adequacy, efficiency, use, protection, maintenance, repair, and preservation of all facilities, plant, and equipment on site.

(3) The facilities, plant, and equipment covered by this paragraph shall not be dismantled or removed from the site prior to completion of the work under the contract without the written authorization of the Contracting Officer.

(c) Termination for default. Should the Contractor be terminated for default as provided by the Default clause of this contract ‐

(1) All facilities, plant, and equipment on the site shall be subject to the Government's right to take possession of and utilize such items for the purpose of completing the work;

(2) The Contractor shall provide evidence of encumbrances, liens, or other security interests, to the Contracting Officer; and

(3) Any encumbrance, lien, or other security interest on such facilities, plant, or equipment shall be subordinated to the

Government's rights under the Default clause of this contract to utilize all facilities, plant, and equipment to complete the work under the contract.

(d) Payment. Payment for mobilization and preparatory work under paragraph (a) of this clause shall be made at the contractor lump‐sum price for this item as contained in the Schedule. Progress payments for mobilization and preparatory work shall be made as follows ‐‐

(1) In accordance with paragraph (g) of the Payments under Fixed Price Construction Contracts clause of this contract and upon submission of a proper invoice, the Government will reimburse the Contractor for the total amount of premiums paid for performance and payment bonds as required by the Performance and Payment Bond Requirements clause of this contract and for any insurance which is specified as payable by the Government under this contract.

(2) Except as provided in (d)(1) above, progress payments for mobilization and preparatory work shall not be considered a separate division of work for the purposes of progress payments and shall be subject to retainage before payment of the total amount for this contract line item.

(3) When progress payments totaling 5 percent of the total original contract amount have been made by the Government for all other work accomplished under the contract, the Government shall pay the Contractor 50 percent of the mobilization and preparatory work contract line item amount or __ [contracting officer to insert percentage] percent of the total original contract amount (whichever is the lower) exclusive of any payment already made to the Contractor for performance and payment bond premiums and specified insurance under subparagraph (d).

(4) When progress payments totaling 10 percent of the total original contract amount have been made by the Government for all other work accomplished under the contract, the balance of the amount for the mobilization and preparatory work contract line item or ___ [contracting officer to insert percentage] percent of the total original contract amount (whichever is the lower) shall be paid to the contractor.

(5) If the contract amount for mobilization and preparatory work exceeds the total of the payments allowed under (3) and (4) above, the balance shall be paid when the contract work is substantially complete as determined by the Contracting Officer.

WBR 1452.237‐80 SECURITY REQUIREMENTS ‐‐ BUREAU OF RECLAMATION (MAR 2022) ‐ ALTERNATE I (MAR 2022)

(c) Contractor Employee Suitability and Issuance of Government Identification Cards:

(1) Performance of this contract requires Contractor personnel to have a Federal Government‐issued HSPD‐12/FIPS‐201‐2‐ compliant Personal Identification Verification Card (PIV Card) before being allowed unsupervised access to a Federally‐ controlled facility or information system. An active PIV Card issued by another Federal Government agency will be accepted by

Reclamation if the associated background…