140R6018R0019.pdf

U.S. Department of the Interior Bureau of Reclamation AUG 2018

Request for Proposal (RFP) Solicitation No. 140R6018R0019

Seminoe Powerplant Access Road Rockfall Hazard Mitigation

WYOMING

This Page Intentionally Left Blank

IDIQ – Universal Accessibility Modifications, Fencing, and Minor General Construction, Oklahoma, Texas, and Kansas Solicitation No. 140R6018R0011

Seminoe Powerplant Access Road Rockfall Hazard Mitigation

SOLICITATION No. 140R6018R0019

FOREWORD

The Great Plains Regional Office of the U.S. Bureau of Reclamation (Reclamation) intends to award a contract for the Seminoe Powerplant Access Road Rockfall Hazard Mitigation project. The project is to design and perform the work necessary to stabilize the overlying-colluvial wedge adjacent to the road, shown at Station 3+00, on Drawings 144-D-T40322, Sheet 1 and Sheet 2. The contractor shall furnish all materials, equipment, supplies, services, personnel, and all other resources to perform this work. The work shall also include a method to prevent human access to areas below the work where falling, dropped, or dislodged materials might directly or indirectly strike plant personnel or the public. Bureau of Reclamation will clear dropped or dislodged materials that might block the road to the Seminoe Powerplant on a daily basis. Close coordination with Bureau of Reclamation is required to ensure minimal disruption to Seminoe Powerplant operations..

EMAIL INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO:

Contractual Matters: Michael Birkland, Contracts Specialist Billings, Montana Email: mbirkland@usbr.gov

PRE-PROPOSAL SITE VISIT: An organized site visit will be held on, August 9, 2018, at 10:00 a.m. mountain time at the Siminoe Powerplant, Kortes Road. If you have questions about the site visit, contact Nate Thompson at 307-261-5642.

Attendees are to provide and wear safety boots, hard hats, and safety vests. Prospective offerors are strongly encouraged to attend the walk-thru and visit the site to gain first-hand knowledge of the work requirements and site conditions. Failure of the prospective offerors to inspect the site will not relieve the offerors from the responsibility to properly estimate the difficulty or cost of the project and successfully perform the work in accordance with the requirements of the contract.

PROPOSAL DUE DATE AND TIME: For date and place proposals are due, see “SOLICITATION, OFFER, AND AWARD,” Standard Form 1442, immediately following the Table of Contents.

ORAL INFORMATION: In accordance to provision 52.214-06 of the Federal Acquisition Regulation, oral explanations, information, or instruction given before the award of the contract will not be binding.

Foreword - 1 mailto:mbirkland@usbr.gov

IDIQ – Universal Accessibility Modifications, Fencing, and Minor General Construction, Oklahoma, Texas, and Kansas Solicitation No. 140R6018R0011

Foreword - 2

SAFETY AND HEALTH MANUAL: For information regarding Bureau of Reclamation's publication "Reclamation Safety and Health Standards" (RSHS) November 2009 Edition, which is applicable to work under this contract, see clause WBR 1452.223-81 (Safety and Health) of the solicitation. The electronic version of the publication can be found at:

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

SAM: Effective July 29, 2012, any contractor interested in doing business with the federal government must register in the System for Award Management (SAM) database prior to award of a contract or agreement. SAM is a federal government owned and operated free website, which consolidates the central contractor registration (CCR), the online representations and certifications application (ORCA), and the excluded parties list system (EPLS).

DUNS: The vendor's DUN & Bradstreet number and banking information are required for registration. Contractors may obtain information on registration and annual confirmation requirements via the SAM website accessed through https://www.sam.gov/portal/public/sam/ or by the federal service desk at 1-866-606-8220.

IPP: Payment requests for the anticipated contract must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform system (IPP). The IPP website address is: https://www.ipp.gov. The contractor must use the IPP website to register access and use IPP for submitting requests for payment. 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.

METHOD OF PROCUREMENT: This procurement is set-aside for Total Small Business Concerns and is a construction acquisition, pursuant to Federal Acquistioon Regulations (FAR) Part 15.

https://www.sam.gov/portal/public/sam/ https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Seminoe Powerplant Access Road Rockfall Mitigation Solicitation No. 140R6018R0019

TABLE OF CONTENT

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – Solicitation, Offer, and Award (SF 1442)

SECTION B – Schedule

SECTION C – Statement of Objective

SECTION D – Not Used

SECTION E – Inspection and Acceptance E.1 Material and Workmanship E.2 Inspection of Construction

SECTION F – Deliveries or Performance F.1 Commencement, Prosecution, and Completion of Work F.2 Suspension of Work

SECTION G – Contract Administration Data G.1 Authorities and Delegations G.2 Electronic Invoicing and Payment Requirements

SECTION H – Special Contract Requirements

H.1 Site Security

PART II – CONTRACT CLAUSES

SECTION I – Contract Clauses I.1 Clauses By Reference I.2 Prohibition on Contracting with Entities that require Certain Internal Confidentiality Agreements I.3 Commercial and Government Entity Code Maintenance

I.4 Basic Safeguarding of Covered Contractor Information Systems I.5 Order of Precedence – Uniform Contract Format I.6 Minimum Wages Under Executive Order 13658 I.7 Buy American Act – Construction Materials I.8 Bid Guarantee I.9 Additional Bon Security I.10 Performance and Payment Bods - Construction

I.11 Payments Under Fixed-Price Construction Contracts I.12 Prompt Payment for Construction Contracts I.13 Differing Site Conditions I.14 Accident Prevention

I.15 Schedules for Construction Contracts I.16 Specifications and Drawings for Construction I.17 Changes I.18 Authorized Deviations in Clauses I.19 Restriction on Endorsements I.20 Release of Claims I.21 Examination of Records By the Department of Interior I.22 Liability Insurance I.23 Incorporation of Technical Proposal I.24 Employment Verification I.25 Safety and Health I.26 Protecting Federal Employees and the Public From Exposure to Tobacco Smoke I.27 Certification of Representations I.28 Equipment Ownership I.29 Claims Accounting I.30 Other Contracts I.31 Preservation of Cultural Resources

I.32 Security Requirements I.33 Modification Proposals

PART III – DOCUMENTS, EXHIBITS, AND OTHER

SECTION J – List of Documents, Exhibits, and Other Attachments Attachment No. 0001 General Wage Decision WY180037 Attachment No. 0002 Standard Form 24 Bid Bond Attachment No. 0003 Past Performance Questionnaire

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors K.1 Prohibition on Contracting with Entities That Require Certain Internal

Confidentiality Agreements K.2 Annual Representations and Certifications

SECTION L – Instructions, Conditions and Notices to Bidders L.1 System for Award Management L.2 Commercial and Government Entity Code Reporting L.3 Alternative Line Item Proposal L.4 Submission of Offers in the English Language

L.5 Submission of Offers in U.S. Currency L.6 Instructions to Offerors L.7 Type of Contract L.8 Construction Wage Rate Requirements

L.9 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

L.10 Notice to Buy American Requirement – Construction Materials L.11 Site Visit (Construction) L.12 Preparation of Proposals L.13 Authorized Deviations in Provisions L.14 Use and Disclosure of Proposal Information L.15 Service of Protest L.16 Source Evaluation and Selection Procedures L.17 General Proposal Instructions L.18 Technical Proposal Instructions L.19 Pricing Proposal Instructions

SECTION M – Evaluation Factors for Award M.1 Evaluation Factors for Award

M.2 Notice of World Trade Organization Government Procurement Agreement Evaluations

SECTION A

SOLICITATION, OFFER, AND AWARD

(STANDARD FORM 1442)

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040389989

Bureau of Reclamation

Great Plains Region

Regional Office PO Box 36900

R60

Billings MT 59107

Bureau of Reclamation

2021 4th Ave North Billings MT 59101

Michael Birkland 406-247-7646

1x 08/03/2018

140R6018R0019

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

Project Title: Seminoe Powerplant Access Road Rockfall Hazard Mitigation

The range of this project is $250,000 to $500,000

This is 100% set-aside for small business

The North American Industry Classification System (NAICS)code is 237990. The Small

Business Size Standard for NAICS 237990 is $36.5M

Proposals will be received at the Bureau of Reclamation Great Plains Regional

Office, at the address identified in Blocks 7 and 8 above. Individuals delivering proposals in person are required to present a valid identification and shall allow adequate time to pass through security.

Taxpayer Identification Number: (TIN) __________________________________

Data Universal Number System (DUNS) ___________________________________

Commercial and Government Entity Code: ____________________________________

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 45 calendar days and complete it within ________________ ________________ calendar days after receiving

See Paragraph F.1

08/17/2018

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Great Plains Region

Regional Office PO Box 36900

R60

Billings MT 59107

Michael L. Birkland

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6018R0019

00010

See continuation of Section B - Supplies or Services Prices/Costs

Seminoe Rockfall Mitigation Plan and

Construction

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

Sponsored by GSA

FAR (48 CFR) 53.110

1 LS

SECTION B

THE SCHEDULE

Price Schedule B - 1

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Siminoe Powerplant Access Road Rockfall Mitigation, Wyoming

B.1 SCHEDULE

(a) Offers will be considered for award on the following schedule, but no offer will be considered for award on only a part of the schedule.

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

(c) Definitions:

(1) CLIN – Contract Line Item Number

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

1 Seminoe Rockfall Mitigation Plan and Construction

For the lump sum of $

TOTAL FOR PRICE SCHEDULE $_________________

SECTION C

STATEMENT OF OBJECTIVES

STATEMENT OF OBJECTIVES

Bureau of Reclamation

Wyoming Area Office

Seminoe Powerplant Access Road

Rockfall Hazard Mitigation

SECTION 1 – PROGRAM OBJECTIVES

The objective for the Seminoe Powerplant Access Road Rockfall Hazard Mitigation project is to plan and perform the work necessary to stabilize the overlying-colluvial wedge adjacent to the road, shown at Station 3+00, on Drawings 144-D-T40322, Sheet 1 and Sheet 2. The contractor shall furnish all materials, equipment, supplies, services, personnel, and all other resources to perform this work. The work shall also include a method to prevent human access to areas below the work where falling, dropped, or dislodged materials might directly or indirectly strike plant personnel or the public. Bureau of Reclamation will clear dropped or dislodged materials that might block the road to the Seminoe Powerplant on a daily basis. Close coordination with

Bureau of Reclamation is required to ensure minimal disruption to Seminoe Powerplant operations.

1.1 Location

The site is located on the Seminoe Powerplant Access Road, in Carbon County, Wyoming, approximately 40 miles northeast of Sinclair, Wyoming. The powerplant is located near the base of the Seminoe Dam along a Government-owned, restricted access road, adjacent to Seminoe

Road (CCR 351) within the Seminoe Mountains. Reference Drawing No. 144-D-60008, Key

Map and Vicinity Map & 144-D-60009, Site Plan. The work is located along the west side of the

Access Road to the Seminoe Powerplant at approximately Station 3+00 of the attached drawings.

1.2 Background

A large rockslide event took place the weekend of June 6-7, 2015, adjacent to the Seminoe

Powerplant Access Road. This event destabilized an overlying-colluvial wedge adjacent to the road. This area now poses a threat of failure to the access road. A large precipitation event could trigger the failure of the undermined colluvial wedges, as well as, additional rock from the granite outcrop.

SECTION 2 – CONTRACT OBJECTIVES

2.1 Wedge Stabilization Approach

The Contractor shall prepare and execute a rockfall plan that addresses the over-steepened colluvial wedge, shown at Station 3+00, hence known as the “colluvial wedge”, such that it is no longer a hazard to the Seminoe Powerplant Access Road and the side slope is stabilized to minimize further rockfall events. The plan shall be a result of investigating and evaluating the geologic hazards associated with the colluvial wedge. This plan shall be to industry standards for rock stabilization and shall be stamped by a Professional Engineer. Bureau of Reclamation personnel will be responsible for removing all fallen debris at the end of each day and as necessary throughout each day to keep Seminoe Powerplant access road clear for traffic. The

Contractor shall provide a report of the actual work performed in order to accomplish the stabilization. The report will be supplemented with as-built drawings and photographs.

2.2 Quality Control

The Contractor shall develop and maintain a Quality Control program to ensure that the work necessary to stabilize the colluvial wedge is performed in accordance to the approved design and within Reclamation Safety and Health Standards as well as the Reclamation Guidelines for Rope

Access. The Quality Control program shall include providing material certifications prior to implementing any materials into the work. Sampling and testing frequencies and procedures shall follow industry standard. All necessary sampling and testing results will be reported to

COR within 24 hours of testing and no work will proceed if there are failing test results until contractor corrects the reason for the failed test. The contractor shall only provide material and supplies that meet or exceed standard industry practices.

All work under the contract is subject to Government inspection by the Contracting Officer’s

Representative (COR) during any or all times of the contractor’s work. Non-compliance with the contract and/or approved design will result in a required service being re-performed to the approved design without additional expense to the Government. The Government reserves the right to utilize any method of inspection necessary to assure contractor performance with all the requirements of the contract.

SECTION 3 – MANAGEMENT OBJECTIVES

3.1 Schedule

The Work shall be completed before November 1, 2018. Work may be performed 24 hours a day, 7 days a week. Once mobilized to the site, the Contractor shall not demobilize until work has been completed.

3.2 Performance

The COR will document acceptable and unacceptable contract performance. When the contractor's performance is found unsatisfactory, the COR will report the information to the Contracting

Officer (CO) and no work will proceed on the unacceptable item of work until an acceptable resolution is found. The CO may require the contractor to explain, in writing, the cause of the poor performance, any corrective actions the contractor has already taken to obtain an acceptable level of performance, and any future corrective actions the contractor will utilize to prevent unacceptable performance. Unacceptable performance may result in contract termination.

The contractor shall be required to meet with the COR at least weekly during the duration of the contract. The time and location will be mutually agreed upon. The Government reserves the right to change the frequency of the meetings depending upon the quality of service provided by the contractor.

3.3 Risks

Hazardous conditions the contractor may encounter may include, but are not limited to, low and high temperature extremes, possible high winds; rockfall events and wildlife. It is the responsibility of the Contractor to anticipate the possibility of severe weather and to plan their work accordingly.

3.4 Warranties

In accordance with Federal Acquisition Regulation 52.246-21 Warranty of Construction (located in Section H), the Contractor shall provide a one (1) year warranty for all work performed and materials utilized to stabilize the over steepened colluvial wedge at Station 3+00 along the

Seminoe Powerplant Access Road. The warranty DOES NOT cover any ancillary work surrounding the colluvial wedge located at station 3+00. This warranty shall be without monetary limitations, in which Contractor agrees to repair and/or replace all failures in materials or workmanship within the specified warranty period.

SECTION 4 – PHOTOS AND DRAWINGS

Photo 1: Overall Project Area

Picture 2. Looking upslope at the over-steepened colluvial wedge that requires stabilization.

SECTION 5 – SUBMITTALS

Submittals from the contractor are required during the term of the contract to ensure quality and safe work under the purchase order. Required submittals are as follows:

RSN

Clause Or Section Title

Submittals Required Due date or delivery time

Responsible Code

No. of sets to be sent to:

CO COR

1 Performance and Payment Bonds - Construction 52.228-15

Performance and Payment Bonds

Within 10 calendar days after award

CO 1

paper

2 Additional Bond Security 52.228-02

Evidence of Increase in Bond Security

Within 10 calendar days after modifications increasing contract value

CO 1

paper

3 Insurance- Work on a Government Installation 1452.228-70

1) Written certification that the required insurance has been obtained

2) Current certification of insurance for each subcontractor

Before commencing onsite work

CO 1

4 Liability Insurance 1452.228-70

Acceptable Certificate of Liability Insurance

Prior to commenceme nt of work under the contract

CO 1

paper

5 Equal Opportunity 52.222-26

Information required by Executive Order

112246 (SF-100)

Within 30 days following award

CO 1

paper

6 Reporting Executive Compensatio n and First Tier Subcontract Awards 52.204-10

Certification that executive compensation and subcontract awards were reported

Within 10 days of each report being submitted

CO 1

paper

7 Payrolls and Basic Records 52.222-08

Copies of all payrolls Weekly for each week of contract performance

COR 1

paper

2 paper

8 Site Security GP-7 and

WBR

1452.237-80

List of contractor and subcontractor employees

At least 10 days prior to arriving at worksite

COR 0 2 paper

9 Site Security GP-7 and

WBR

1452.237-80

List of vehicles and equipment to be brought onsite

At least 10 days prior to arriving at worksite

COR 0 2 paper

10 Employment Verification 52.222-56 and ET 02-

Confirmation of Enrollment as a Federal Contractor in E-Verify

Within 30 days of contract award

CO 1

10 Schedules for Construction Contracts 52.236-15

Practicable schedule Submitted as part of contractor’s proposal.

COR 1

paper

1 paper + 1 electron ic

11 Schedules for Construction Contracts 52.236-15

Updated schedule showing actual progress

Weekly during meeting with COR or as directed by the Contracting Officer

COR 1

paper

1 paper + 1 electron ic

12 Safety and Health

Safety Program Submitted as part of contractor’s proposal. See section 3 of

RSHS

COR 0 1 paper + 1 electron ic

13 Safety and Health

Monthly Accident Summary Report

First day of each month.

See paragraph

3.8 of RSHS

COR 0 1 paper + 1 electron ic

13 Release of Claims 1452.204-70

Release of Claims (DI-137) against the Government

After completion of the work and prior to final payment

CO 1

paper

15 Narrative Construction Report

Before final invoice will be accepted.

COR

1 paper + 1 electron ic

16 As-Built Drawings Before final invoice will be accepted.

COR

1 paper + 1 electron ic

Shop drawings for any products requiring a P.E. stamp

Prior to installation on the project

COR

electron ic

Product Certifications for all materials incorporated into work.

Prior to installation on the project

COR

electron ic

Addresses for codes receiving submittals listed above:

Contracting Officer (CO): Bureau of Reclamation, Attention GP-5000, 2021 4th Avenue North, Billings, MT 59101.

Contracting Officer’s Representative (COR): Bureau of Reclamation, Attention WY-6601, 705 Pendell Boulevard, Mills, WY 82644.

Time required for review of submittals:

Submittal review will require 2 days for review of each submittal or resubmittal, unless otherwise specified.

Time required for review of each submittal or resubmittal begins when complete sets of materials required for a particular RSN are received and extends through return mailing postmark date.

No time extension will be allowed if Contractor fails to make complete action submittals in sequence and within time periods specified.

SECTION E

INSPECTION AND ACCEPTANCE

E - 1

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.236-5 MATERIAL AND WORKMANSHIP APR 1984

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract.

References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

E.2 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(a) Definition - "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

E - 2

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F

DELIVERIES OR PERFORMANCE

F - 1

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 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 notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 45 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

SECTION G

CONTRACT ADMINISTRATION DATA

G - 1

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 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.

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G.2 DOI-AAAP

ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS - INVOICE PROCESSING PLATFORM

(IPP)

APR 2013

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:

• Construction Invoice (GP Form 04 2016)

• Monthly Certificate of Labor Conformance (GP Form 04 2016)

• Subcontractor / Supplier Payment Summary (GP Form 04 2016)

• Final Payment Only - Release of Claims (DI 137)

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.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H - 1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 GP-7 SITE SECURITY FEB 2004

(a) At least 10 days prior to arriving at the worksite, the contractor shall submit a list to the Contracting Officer (CO) of the names of all contractor employees that will be on-site initially. Additional employee names must be provided to CO prior to additional employees arriving on-site. The list(s) must include a legible photocopy of each employee's driver's license. In the absence of a driver's license, provide an alternate source of official identification that includes: First, Middle, Last Name; date and place of birth; and place of residence. All contractor employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card or Resident Alien Card authorizing them to work in the U.S.

(b) The contractor is hereby notified of the following:

The Government may perform background checks on any or all workers. If the Government performs background checks, workers shall be required to submit additional personal and work history information. The Government may deny access to any worker at any time, based on information discovered during the background check. Information related to criminal matters (e.g., outstanding arrest warrants) that is discovered during a background check will be reported to the appropriate authorities.

(c) At least 10 days prior to arriving at the worksite, the contractor shall submit an initial list to CO of all contractor vehicles to be brought to the worksite. A supplemental list shall be provided to CO before additional vehicles are brought on-site. For each vehicle the list shall include the year, make, model and color; and license plate numbers and state of issuance when applicable.

(d) Reclamation will provide keys and/or locks to gates and doors, etc. as necessary for contractor personnel to access points within the scope of this project. Any duplication of keys or substitution of locks is strictly prohibited. Contractor shall be accountable to secure and return all keys and/or locks provided by the Government, and shall immediately notify the CO of the loss or misplacement of any provided key and/or lock.

(e) All drawings, plans, and other sensitive documents issued to the contractor shall remain under their direct control at all times. These sensitive documents shall not be reproduced or copied or further distributed without approval from CO.

(f) All firearms and dangerous weapons are prohibited in Federal facilities for all persons not specifically authorized by Title 18, United States Code, Section 930. A license to carry a concealed firearm issued under state law is not an exception to this prohibition. This prohibition shall apply to all areas within the construction worksite and contractor use area.

(g) In case of an emergency situation, the contractor shall follow emergency instructions provided by CO.

(h) Unless exempted by CO, the contractor shall comply with all security requirements already in place at the site, i.e., those security requirements that have been adopted as standard operating procedures at the site.

(i) The contractor shall report to the CO all incidents of criminal and/or suspicious activity observed by their employees on or adjacent to the construction site.

(j) Reclamation reserves the right to change or modify security requirements as mandated by the Office of Homeland Security and/or as deemed necessary by Reclamation security staff.

H - 2

(k) Any violations of Reclamation security requirements and/or restrictions may result in Reclamation denying the contractor personnel access to the worksite.

(l) Cost - Include cost incurred for General Security Requirements in prices offered in the schedule for other items of work. In the event Reclamation changes of modifies these requirements after the contract is in place, increased Contractor costs will be paid for under the Contract Change Clause.

(m) Contractor shall notify the CO at least 24 hours in advance of any material delivery to worksite. Material may only be delivered to areas approved by CO.

SECTION I

CONTRACT CLAUSES

I - 1

SECTION I – CONTRACT CLAUSES

I.1 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 the following addresses:

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

CLAUSE TITLE DATE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.215-2 Audit and Records – Negotiation OCT 2010 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations on Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 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 https://www.acquisition.gov/far/

I - 2

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 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers With Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-5 Insurance -- Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 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 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 A1 Disputes - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-3 Site Investigation and Conditions Affecting the Work 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 52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payment to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995

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52.243-6 Change Order Accounting APR 1984 52.244-2 Subcontracts OCT 2010 52.244-6 Subcontracts for Commercial Items NOV 2017 52.248-3 A1 Value Engineering – Construction – Alternate I APR 1984

52.249-2 A1 Termination for Convenience of the Government (Fixed-Price) - Alternate I SEP 1996

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

I.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (DEVIATION)

FEB 2015

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

I.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

(a) Definition. As used in this clause—

“Commercial and government Entity (CAGE) code” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file.