Navajo-Gallup Water Supply Project

Block 2-3 Pipeline

Solicitation No. 140R4026B0001

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Preface

Solicitation

Document No.

140R4026B0001

Document Title

NGWSP Block 2-3 Pipeline

This section is a synopsis of the items identified by Reclamation that have been problematic for some contractors. The items have been identified through previous real-world performance of construction with Reclamation. The following items are not all encompassing of problems that may or may not be encountered and are only meant to identify general challenges contractors may run into when contracting with Reclamation for construction work. The purpose of this document is to allow contractors to bid construction more accurately at contract inception and reduce contract interpretation disagreements after contract award. It is highly recommended the

Contractor read and become intimately familiar with both the solicitation and contract specifications and drawings prior to construction, as that can also head off potential disagreements as the work is being completed.

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

DISCLOSURE OF THE MAGNITUDE OF THE CONSTRUCTION PROJECT: The magnitude of this project is between

$100,000,000 and $150,000,000

Economic Price Adjustment:

Reclamation plans on adding an Economic Price Adjustment Clause in an amendment to this solicitation, specifically for Fuel (Gas &

Diesel) and Steel. If approved, a forthcoming amendment will be issued with the details of the coverage.

Quality Control & Quality Assurance:

FAR Clause 52.246-12 requires the Contractor to establish a construction inspection system to ensure quality. Accordingly, per section

01 46 00 – Quality Procedures, a Quality Control Plan is required to clearly outline the Contractors Quality Control (QC) Program to cover all construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents.

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

Contracting Officer (CO).

The contractor will conduct its own Quality Assurance (QA) program, and Reclamation will only intermittently conduct its own Quality

Assurance for specification compliance only, which may include inspection and tests performed by Government staff to ensure compliance with terms of the contract. Test performed by Reclamation will be used to ensure compliance with contract requirements and are not to be a replacement for specified Contractor quality contract and quality assurance testing. In the event of a discrepancy between

Contractor’s and Government’s test results if performed, Reclamation’s quality assurance test results will be compared to the contractor’s results and a determination must be made whether the item conforms to the specifications or needs to be repaired/replaced at no additional cost to the government.

Quantity Surveys:

FAR Clause 52.236-16 Alt I Quantity Surveys will be included in this contract. Many contractor personnel have had issues providing adequate survey data IAW the referenced clause. This requires both preliminary and final surveys to be performed by the contractor. The contract requires (specs and clause) that a surveying plan be submitted (Surveying Plan) IAW specification 01 33 00. The surveying plan must be approved by Reclamation prior to the beginning of surveying work. The contract also requires submittal of all quantity survey notes and computations, as well as workday’s survey notes. This is important as the quantity for payment must be verified against the actual survey data. Quantity surveys and calculations, along with as-built drawings, are required to be submitted with each monthly construction progress payment for a contractor’s invoice to be considered as proper. Once construction is complete and all submittals are finalized, the balance of the lump sum price will be paid in the final invoice, quantity surveys are used to ensure the government does not unintentionally advance pay during progress payments.

The Government will have survey crews on site as part of its internal construction oversight and inspection program. However, this is not to be relied on by the Contractor as meeting the survey specifications. The Contractor is expected to provide fulltime survey support under the direction of a registered professional land surveyor licensed in the state where the work is being completed IAW the survey specifications (section 01 71 20 – Surveying). Historically, many contractors have missed this requirement, and it has led to payment disagreements.

Submittals:

The submittals required for Reclamation projects can be very detailed. Reclamation is a very data-centric organization of engineering-minded personnel. As such, the data needs to be correct and submittals shall be thought out, in a logical format, and be thorough. A

‘shotgun-spread’ approach will not work. Meaning, if a contractor submits superfluous information and/or with no format or shown understanding of the items, it will likely lead to rejection and a required resubmittal of the items. The same is true if a contractor only submits a portion of the items required under a requirement submittal number (RSN). The Contractor is responsible for providing quality control of contractor and subcontractor submittals to ensure they contain all, but no more than, the items required by a particular RSN.

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

Project Record Documents (i.e. As-Built Drawings):

Section 01 78 30 of the specifications covers this in detail. Reclamation expects full compliance with keeping drawings on site as required in the specifications and final electronic as-builts in .dwg format. As noted in the specification, final as-builts are to include manufacturer/subcontractor drawings (mechanical etc.). See specifications for further information.

Environmental Compliance and Permitting:

Environmental Compliance is a very strictly enforced item. In undertaking the construction of the Navajo-Gallup Water Supply Project

(NGWSP), Reclamation has built a healthy and trusting relationship with the Navajo Nation Environmental Protection Agency

(NNEPA), the U.S. Environmental Protection Agency (EPA), New Mexico Environmental Department (NMED), and the Army Corps of

Engineers in complying with various environmental regulations, namely the Clean Water Act (CWA). Reclamation values these relationships and expects full compliance from the Contractor on all environmental items.

Many contractors unfamiliar with Reclamation run into initial issues because they: 1) do not have a dedicated environmental compliance member/team familiar with Clean Water Act (33 U.S.C. §1251 et seq. (1972)) permitting implementation experience, and specifically

Storm Water Pollution Prevention Plan (SWPPP), 2) and rely on Reclamation to point out non-compliance reactively, rather than proactively implementing and managing this aspect of the job.

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

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

Example: encountered well water, directed safety and water preservation compliance, paid back based on quantity surveys of actual qty

(not payline) for overage, directed work. Site runoff water creating a path to other natural sites off the approved right of way, etc.

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

Cultural Resources Compliance and Archaeological Monitoring:

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

Staying inside the ROW and protecting cultural resources is of paramount importance. The ROW granted for this project by the

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

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

Right-of-Way (ROW):

ROW for all areas will be acquired prior to contract award. Please review the specifications for contractor and government required

ROW and permitting requirements to ensure compliance. NGWSP is on a tight schedule and Reclamation is interested in starting work as soon as practicable.

Project Specific Areas of Concern:

Performance of this contract will potentially overlap with up to five active Reclamation contracts in the same work areas. Potential other active projects may include Block 2-3 Horizontal Directional Drilling (HDD), Water Treatment Plant activities, Pumping Plant One, and bypass construction activities. The contractor selected for this award is expected to coordinate with and not impede other active contractors as much as practicable. The contractor is responsible for connecting the pipeline to other components as detailed in Section

C of the Solicitation (Specifications).

Schedule B CLINs 1-4, 1-5, 2-4, and 2-5:

These CLINs for As-Built Drawings and Final Drawings have pre-priced amounts listed. This is done to ensure a significant amount can be retained before final invoice to ensure As-Built Drawings and Final Drawings are received before final invoice is paid. The contractor may bid an alternate amount; however, it will be reviewed to ensure a meaningful amount has been bid that allows Reclamation to guarantee the delivery of the As-Built Drawings and Final Drawings required by the contract.

Taxes:

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

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

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

Site Visit:

An organized site visit is scheduled for – Wednesday April 22, 2026 @ 10 AM MT

Participants will meet at – Four Corners Construction Office, 1235 La Plata Highway, Farmington, NM 87401.

Please contact Mr. Fred Malone (flamone@usbr.gov, 505-324-5014) to be added to the attendee list and for any additional questions or information concerning the site visit.

Subcontractors:

Subcontractors cannot submit partial bids straight to the Government. Subcontractors shall bid directly to prime contractors. Items will not be pre-qualified during the synopsis or solicitation period. It is the prime contractor’s responsibility to confirm item meets the specifications of this requirement.

mailto:flamone@usbr.gov

52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984:

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

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014:

Please carefully read this clause and ensure SF1413’s are submitted to the Contracting Officer (by email). You should cc the Contract

Specialist and FCCO Contract Administrator.

Note:

The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror

Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Contents Solicitation No. 140R4026B0001

SECTION A – SF-1442

SECTION B – San Juan Lateral – Block 2-3 Pipeline Navajo-Gallup Water Supply Project, New Mexico

SECTION C – Statement / Description / Specification of Work

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

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

SECTION F -- Deliveries or Performance

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

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION SEPTEMBER 2000

SECTION G - Contract Administration Data

G.1 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM

(IPP) FEBRUARY 2021

G.2 WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION MARCH 2022

G.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS BUREAU OF

RECLAMATION MAY 2018

SECTION H -- Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DECEMBER 2015

H.2 INDIAN PREFERENCE

H.3 INDIAN PREFERENCE PROGRAM

H.4 VARIATION IN ESTIMATED QUANTITY

H.5 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

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 52.222-9 APPRENTICES AND TRAINEES JULY 2005 DEVIATION FEBRUARY 2025

I.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

I.6 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

I.7 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS MAY 2024

DEVIATION FEBRUARY 2025

I.8 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS – REPRESENTATION

DECEMBER 2016 RESERVED DEVIATION FEBRUARY 2025

I.9 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024 DEVIATION FEBRUARY 2025

I.10 52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

I.11 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES JANUARY 2025

DEVIATION OCTOBER 2025

I.12 52.252-4 ALTERATIONS IN CONTRACT APRIL 1984

I.13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

I.14 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION OCTOBER 2022

I.15 WBR 1452.232-81 – PAYMENT FOR MOBILIZATION AND PREPARATORY WORK – BUREAU OF RECLAMATION

ALT III MARCH 2022

I.16 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION MARCH 2022

I.17 WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION (MARCH 2022)

I.18 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 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY SEPTEMBER 2023

K.3 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION APRIL 1985

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS JANUARY 2025 DEVIATION FEBRUARY 2025

K.5 52.204-20 PREDECESSOR OF OFFEROR AUGUST 2020

K.6 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT NOVEMBER 2021

K.7 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT AND SERVICES – REPRESENTATION OCTOBER 2020 67

K.8 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS AUGUST 2020

K.9 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCTOBER 2018

K.10 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW FEBRUARY 2016

K.11 52.209-12 CERTIFICATION REGARDING TAX MATTERS OCTOBER 2020

K.12 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION NOVEMBER 2021

K.13 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS FEBRUARY 2024

K.14 52.252-1 EQUAL LOW BIDS

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 SEPTEMBER 2023

L.3 52.211-2 AVAILABILITY OF DEFENSE SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN

THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) SEPTEMBER 2023 . 78

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 52.225-11 BUY AMERICAN —CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS November 2023

L.7 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENT MAY 2014

L.8 52.228-1 BID GUARANTEE SEPT 1996

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

L.10 1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR JUL 1996 (Deviation)

L.11 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK SCHEDULE LINE ITEM -

BUREAU OF RECLAMATION MAR 2022

L.12 DOI-AAAP-0076 – MINIMUM SUBCONTRACTING GOALS FOR THIS SOLICITATION

SECTION M -- Evaluation Factors for Award

M.1 NOTICE OF BID OPENING

SECTION A – SF-1442

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

Bureau of Reclamation Upper Colorado Region Regional Office 125 South State Street, Room 8100 Salt Lake City UT 84138

0044034093

R40

Tyler Spencer 8015243653

04/15/2026

06/30/2026

21 643

The principle components of the Block 2-3 Pipeline include, but are not limited to, the following:

Provide

1. Approximately 6.0 miles of 42-inch diameter buried water transmission pipe.

2. Approximately 5.9 miles of 48-inch diameter buried water transmission pipe.

3. Two 0.3 million-gallon ground level storage tanks, yard, and access road.

4. Wash crossings.

5. Bored crossings.

6. Precast manhole structures.

7. Concrete thrust collars, tapers, and encased miter bends.

8. Buried manholes.

9. Valves, air valves, and blowoffs.

10. Road crossings.

11. Utility crossings.

12. Erosion control.

13. Cathodic protection.

Continued...

1 88

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

Ashton Jones

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

14. Supervisory Control and Data Acquisition

(SCADA) equipment and fiber optic cabling.

LOCATION OF THE WORK:

Work is located on the Block 2-3 pipeline alignment, which begins south of the Frank Chee

Willetto Reservoir approximately 17 miles east of Shiprock, New Mexico and terminates at the

San Juan Lateral Water Treatment Plant approximately 6 miles east of intersection of

U.S. Highway 491 and Navajo Route 36 in San

Juan County.

00010 Block 2-3 Pipeline - All work shall be in accordance with the attached specifications and drawings.

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachments 2-3) for more details.

Quantity: 1

Unit of Measure: AU (Activity Unit)

Pricing Arrangement - Firm Fixed Price

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

CLIN includes all items and personnel necessary to ensure turnkey pipe installation to

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

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

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

Product/Service Code: Y1KZ

Product/Service Description: CONSTRUCTION OF

OTHER CONSERVATION AND DEVELOPMENT FACILITIES

SECTION B – San Juan Lateral – Block 2-3 Pipeline Navajo-Gallup Water Supply Project, New Mexico

PRICE SCHEDULES

(a) Bids will be considered for award on the following Price Schedules, but no bid will be considered for award on only part of the Price Schedules. Bids are subject to the terms and conditions of this solicitation.

(b) Quantities in Price Schedule are estimated quantities for comparison of bids only. Except as provided in contract clause at

H.4, Variation in Estimated Quantity, no claim shall be made against Government for overruns or underruns. Contract clause at H.4 Variation in Estimated Quantity does not apply to lump sum items.

(c) Reclamation is attempting to improve payment schedules and funds access to contractors, allowing awardees to access funds for monthly operations activities (labor and equipment reimbursement) previously burdened into other CLINs.

Reclamation reserves the right, in coordination with the awardee, to restructure the Schedule B CLINs to allow “CLIN

Work Groups” to be created specific to the winning bidder after award. Reclamation shall not advance pay invoices, progress payments must be tied to physical completion. The contractor may also decide it does not wish to pursue enhanced cash-flow access and Reclamation would not force any new pay schedule if it were not desired by the awardee, this is an optional process. If a bidder does not wish to pursue the payment restructuring after award it may leave the added table in each Schedule B Payment Schedule blank or fill with N/A (not applicable). Not filling out the added Schedule B tables shall not disqualify any bidder from receiving award. The advertised solicitation Schedule B conflicts with the specifications Schedule B, official changes to Schedule B would take place after award and be revised based on the negotiated payment schedule. If after modification the payment terms conflict with the specifications, the modification language and payment agreement would ‘control’ payment schedule or take precedence.

(1) “CLIN Work Group (WG)” Generic Example: Essentially “Work Groups” are several physical tasks invoiced under quantity surveys accompanied by a newly added percentage complete CLIN (traditional construction payment reimbursement based on percentage complete). 1st four (4) to five (5) tasks that logically and/or chronologically take place in the awardee’s construction schedule (due after award - RSN 01 32 10-2 “Baseline

Schedule”) would be tied to a newly created separate Schedule B CLIN to allow access to operations costs (labor, equipment, etc.). The contractor would be allowed to bill monthly for operations cost and ‘burden’ for physical work completion completed to date of invoice, this is not a cost-type/cost-reimbursement setup it is a “Just Late” setup based on physical completion of work to date, funds will not be added to cover unexpected costs and is still a

FFP contract payment tied to completion. As a generic working example, Schedule B WG CLINs 1.1, 1.2, 1.3, and

1.4 below in the Schedule B - Price Schedule 1 could, after award, be granted a “new” Schedule B WG CLIN 1.5

(would have to renumber all Schedule B CLINs with the approved CLIN restructure after award into the ‘working groups’ agreed to by both parties) that would allow the ‘burden’ or operations costs to be accessible for monthly billing in the newly established Schedule B Work Group, based on agreed percentage complete at time of invoice.

Schedule B WG CLINs 1.1, 1.2, 1.3, and 1.4 would still be reimbursed under quantity survey verification, Schedule B WG CLIN 1.5 would essentially be a reimbursement by agreed percentage complete of WG CLINs

1.1, 1.2, 1.3, and 1.4 at time of invoicing. Specifics will be tailored to the awardee after the award is official

(contract is awarded). This would be a bilateral modification to the contract after award.

(2) CLIN Work Group Illustration – Example for illustrative purposes.

(3) Schedule B Table Addition: A table has been added to the Bid Schedule B at the end of each Price Schedule to allow contractors to identify which schedule B CLINs carry the most ‘burden’ or access to cash-flow. The amounts in the newly added tables will NOT be publicly shared or announced during any bid opening, this is considered competitive information and is exempt from FOIA and public reporting requirements. The purpose is to allow

Reclamation to posture for Schedule B restructuring with the awardee after award is official. It will aid

Reclamation in ensuring it does not get into an advanced payment situation, while also identifying where the contractor needs the most access to cash-flow to keep operations more fluid.

(4) Major Materials Reimbursement: Reclamation is also willing to establish, with the selected awardee, a materials repayment schedule with the contractor for major purchases. Example: Steel Pipe, Reclamation is willing to reimburse 65-75% of the material costs at time of order with proof of paid invoices from the supplier. Upon successful delivery and certification/inspection of materials on site Reclamation would release the balance of the material cost (35-25%) to the contractor. Idea: Keeps the contractor liquid without violating advance payment rules and still provides Reclamation with enough assurance that the materials will be correct when delivered and verified to be acceptable before balance is released.

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

(e) Definitions:

(1) CLIN – Contract Line Item Number

(f) Note: In accordance with Section 7-9-3.3 of New Mexico Statutes Annotated (NMSA) 1978 and Section 402 of Navajo

Nation’s Business Activity Tax Statute, it is Contractor’s responsibility to ensure that all applicable New Mexico Gross

Receipts Tax and Navajo Nation Gross Receipts Tax are included in their bid.

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

(1) Materials described for use on identified contract.

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

(3) Full title for those materials vested in Prime Contractor sited.

(4) Materials are free of liens and encumbrances.

(5) Materials are properly stored, secured, and protected against loss or damage.

PRICE SCHEDULE 1 (Reach 2)

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

(CDMS)

For the lump sum of $

1-3 01 56 15 Utility Crossing Investigations Reach 2 For the lump sum of $

1-4 01 78 30 As-built Drawings Reach 2 For the lump sum of $65,000

1-5 01 78 30 Final Drawings Reach 2 For the lump sum of $17,000

1-6 26 42 00 Cathodic Protection and Corrosion

Monitoring Systems for Reach 2

For the lump sum of $

1-7 26 42 11 Buried Galvanic Anode Cathodic

Protection for Reach 2

For the lump sum of $

1-8 26 42 12 Buried Impressed Current Cathodic

Protection for Reach 2

For the lump sum of $

1-9 31 02 10 Water for Dust Abatement Reach 2 1,900 M

(1,000) Gal

1-10 31 02 30 Dust Palliative Reach 2 94 acre $ $

1-11 31 03 33 Removal of Water from Excavation Reach

For the lump sum of $

1-12 31 11 00 Clearing and Grubbing For the lump sum of $

1-13 31 14 10 Topsoil Stripping, Stockpiling, and

Placement

For the lump sum of $

1-14 31 23 22 Rock Excavation for Line Pipe 37,000 cu yd $ $

1-15 31 23 22 Use of Trench Box Reach 2 360 lin ft $ $

1-16 32 15 10 Gravel Surfacing 470 sq yd $ $

1-17 32 12 22 Asphalt Concrete Pavement 28 cu yd $ $

1-18 32 91 60 Erosion Control Blanket 17,500 sq yd $ $

1-19 32 92 20 Seeding 94 acre $ $

1-20 33 05 21 Powerline Crossing at Station 2016+95 243 lin ft $ $

PRICE SCHEDULE 1 (Reach 2)

Quantity and

Unit

Unit

Price Amount

1-21 33 05 21 U.S. Highway 64 Crossing at Station

2108+22

265 lin ft $ $

1-22 33 05 21 Road 6700 Crossing at Station 2134+23 150 lin ft $ $

1-23 33 05 21 Powerline Crossing at Station 2184+59 290 lin ft $ $

1-24 33 05 21 ISR N 362 Crossing at Station 2189+73 85 lin ft $ $

1-25 33 11 10 Line Pipe (Reach 2) 20,470 lin ft $ $

1-26 33 11 10 Steep Line Pipe (Reach 2) 100 lin ft $ $

1-27 33 11 10 Buried Manhole 1 Ea $ $

1-28 33 11 10 Filling and Testing Pipe For the lump sum of

1-29 33 11 10 Repair Kits For the lump sum of

1-30 33 12 15 6-Inch Diameter Air Valve Assemblies 12 ea $ $

1-31 33 12 15 6-Inch Diameter Air Valve with Manhole

Assemblies

9 ea $ $

1-32 33 12 15 6-Inch Diameter Blowoff Assemblies 11 ea $ $

1-33 33 12 15 6-Inch Diameter Blowoff with Manhole

Assemblies

8 ea $ $

1-34 33 12 15 48-Inch Sectionalizing Valve Assemblies 3 ea $ $

1-35 33 22 15 N.A.P.I. Turnout Assembly For the lump sum of $

1-36 35 42 35 Wash Crossings For the lump sum of $

Subtotal FOR PRICE SCHEDULE 1 (Reach 2) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 1 (if applicable) $_________________

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

TOTAL FOR PRICE SCHEDULE 1 $_________________

OPTIONAL TABLE FOR WORK GROUP (WG) CLIN PAYMENT PRICE SCHEDULE 1

Schedule B CLIN Number Needed Access to Operations Costs

($ Amount)

Ballpark Date Needed (e.g. early contract performance, mid-performance, or late performance – Can be month or quarter if easier)

Example: CLIN 1-1 $5.00 Oct 2026, or 4th Qtr 2026, or early contract performance, etc.

Contractor Input Below

PRICE SCHEDULE 2 (Reach 3)

Quantity and

Unit Unit Price Amount

2-1 WBR

1452.232-81

Mobilization and Preparatory Work For the lump sum of $

2-2 01 31 30 Contract Document Management

System (CDMS)

For the lump sum of $

2-3 01 56 15 Utility Crossing Investigations

Reach 3

For the lump sum of $

2-4 01 78 30 As-Built Drawings Reach 3 For the lump sum of $135,000

2-5 01 78 30 Final Drawings Reach 3 For the lump sum of $31,000

2-6 25 00 01 System Control and Monitoring For the lump sum of $

2-7 26 05 02 Complete Electrical System For the lump sum of $

2-8 26 42 00 Cathodic Protection and Corrosion

Monitoring Systems for Reach 3

For the lump sum of $

2-9 26 42 11 Buried Galvanic Anode Cathodic

Protection for Reach 3

For the lump sum of $

2-10 26 42 12 Buried Impressed Current Cathodic

Protection for Reach 3

For the lump sum of $

2-11 26 42 15 Galvanic Anode Cathodic Protection for Welded Steel Tanks for Reach 3

For the lump sum of $

2-12 31 02 10 Water for Dust Abatement 3,950 M (1,000) gal

2-13 31 02 30 Dust Palliative 166 acre $ $

2-14 31 11 10 Clearing and Grubbing For the lump sum of $

2-15 31 14 10 Topsoil Stripping, Stockpiling, and

Placement

For the lump sum of $

2-16 31 23 11 Common Excavation for Structures 2,570 cu yd $ $

2-17 31 23 11 Rock Excavation for Structures 650 cu yd $ $

2-18 31 23 11 Compacted Backfill for Structures 3,120 cu yd $ $

2-19 31 23 11 Processing for Site and Foundation

Materials

3,120 cu yd $ $

2-20 31 23 22 Rock Excavation for Line Pipe 82,000 cu yd $ $

2-21 31 23 22 Use of Trench Box Reach 3 500 lin ft $ $

2-22 31 37 00 Riprap 24 cu yd $ $

Quantity and

Unit Unit Price Amount

2-23 32 15 10 Gravel Surfacing 4,100 sq yd $ $

2-24 32 12 22 Asphalt Concrete Pavement 22 cu yd $ $

2-25 32 31 10 Chain Link Fence 660 lin ft $ $

2-26 32 91 60 Erosion Control Blanket 13,520 sq yd $ $

2-27 32 92 20 Seeding 166 acre $ $

2-28 33 05 21 Powerline Crossing at Station

3331+13

100 lin ft $ $

2-29 33 05 21 Powerline Crossing at Station

3340+33

100 lin ft $ $

2-30 33 05 21 ISR 36 Crossing at Station 3430+00 250 lin ft $ $

2-31 33 05 21 Powerline Crossing at Station

3478+93

160 lin ft $ $

2-32 33 05 21 Powerline Crossing at Station

3633+18

300 lin ft $ $

2-33 33 05 21 Powerline Crossing at Station

3707+02

100 lin ft $ $

2-34 33 11 10 48-Inch Line Pipe (Reach 3) 10,900 lin ft $ $

2-35 33 11 10 42-Inch Line Pipe (Reach 3) 31,472 lin ft $ $

2-36 33 11 10 Buried Manhole 10 ea $ $

2-37 33 11 10 Filling and Testing Pipe For the lump sum of $

2-38 33 11 10 Repair Kits For the lump sum of $

2-39 33 11 10 4” NTUA Waterline Relocation 800 lin ft $ $

2-40 33 12 15 6-Inch Diameter Air Valve

Assemblies

2 ea $ $

2-41 33 12 15 6-Inch Diameter Air Valve with

Manhole Assemblies

11 ea $ $

2-42 33 12 15 6-Inch Diameter Blowoff

Assemblies

6 ea $ $

2-43 33 12 15 6-Inch Diameter Blowoff with

Manhole Assemblies

6 ea $ $

2-44 33 12 15 42-Inch Sectionalizing Valve

Assemblies

4 ea $ $

2-45 33 12 15 48-Inch Sectionalizing Valve

Assemblies

1 ea $ $

Quantity and

Unit Unit Price Amount

2-46 33 16 00 San Juan Lateral Water Treatment

Plant Regulating Tanks

For the lump sum of $

2-47 33 42 30 Corrugated Metal Culverts 40 lin ft $ $

2-48 35 21 95 Steel Manifold Piping For the lump sum of $

2-49 35 22 14 Valves and Equipment For the lump sum of $

2-50 35 42 35 Wash Crossings For the lump sum of $

Subtotal FOR PRICE SCHEDULE 2 (Reach 3) $_________________

Estimated NMGRT at 6.8125% for Price Schedule 2 (if applicable) $_________________

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

TOTAL FOR PRICE SCHEDULE 2 $_________________

TOTAL BID PRICE (TBP) - Price Schedules 1 & 2 without estimated taxes $_________________

OPTIONAL TABLE FOR WORK GROUP (WG) CLIN PAYMENT PRICE SCHEDULE 2

Schedule B CLIN Number Needed Access to Operations Costs

($ Amount)

Ballpark Date Needed (e.g. early contract performance, mid-performance, or late performance – Can be month or quarter if easier)

Example: CLIN 2-1 $5.00 Oct 2026, or 4th Qtr 2026, or early contract performance, etc.

Contractor Input Below

OTHER RATES

The following listed items must be provided and will be retained and applied to modification actions if applicable. This method allows us to use the initial award competition as the justification of reasonable rates throughout the performance of the contract which makes handling modifications easier throughout the life of the contract. The following items will be applied for the length of the contract including all modification actions after time of award:

a. – Overhead Rate _________________

b. – Profit Rate _________________

c. – General and Administrative (G&A) Rate if applied/applicable _________________

d. – Pass-Through overhead and profit rates for subcontractors _________________

END OF SUPPLIES OR SERVICES AND PRICES

SECTION C – Statement / Description / Specification of Work

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

SECTION D – Packaging and Marking

There are no clauses included in this section.

SECTION E – Inspection and Acceptance

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

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

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

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996 https://www.acquisition.gov/far/

SECTION F -- Deliveries or Performance

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

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

52.242-14 Suspension of Work April 1984

F.2 52.211-12 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 $10,278.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

SECTION G - Contract Administration Data

G.1 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) FEBRUARY 2021

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

"Payment requests" means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice, failure to provide the items will result in invoice rejection:

1 – Quantity Surveys (if applicable)

2 – Current Copy of As-Built Drawings

3 – Quantity sheets reflecting the CLIN in schedule B, percentage complete, and bold any items nearing or exceeding 100% of the CLIN amount.

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

5 – Approved construction schedule

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

Contracting Officer: (Ashton Jones – ashton_jones@ios.doi.gov)

Contract Specialist: (Tyler Spencer – tyler_spencer@ios.doi.gov)

Procurement Technician: (Joe Murphy – joseph_murphy@ios.doi.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.2 WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION MARCH 2022

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

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

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

https://www.ipp.gov/ mailto:ashton_jones@ios.doi.gov mailto:tyler_spencer@ios.doi.gov mailto:joseph_murphy@ios.doi.gov mailto:ippgroup@bos.frb.org

(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.

G.3 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…