Amendment 003_0003.pdf

(x)

140R6021R0012 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Billings MT 59107

R60

PO Box 36900 Regional Office Great Plains Region Bureau of Reclamation

01/12/20210003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/12/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Gerri Voto-Braun

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Canyon Ferry Powerplant G1 – G3 Generator Rewinds

Canyon Ferry Unit, Helena-Great Falls Division Pick–Sloan Missouri Basin Program, Montana

See attached for changes:

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation# 140R6021R0012

Amendment No. 0003

Description of Changes:

1. In Part 1 – The Schedule, Section C – Specifications, replace SECTION 52 00 00 -DRAWINGS with revised 52 00 00 -DRAWINGS. (High resolution drawings) Please email sgallagher@usbr.gov to receive access to them.

2. In Part 1 – The Schedule, Section F - Deliveries or Performance replace in its entirety with the new Section F – Deliveries or Performance.

3. In Part 4 – Representations and Instructions, Section L - Instructions, Conditions, and Notices to

Bidders, Replace in its entirety with the new revised Section L – Instructions, Conditions, and

Notices to Bidders.

4. In Part 4 – Representations and Instructions, Section M – Evaluation Factors for Award, Replace in its entirety with the new revised Section M – Evaluation Factors for Award.

5. The deadline for questions has been extended to February 10, 2021.

Acknowledgement: See Block 11 above regarding how to acknowledge this amendment. The

Government must receive the acknowledgement at the place designated for receipt of bids (See Block

10 of the Standard Form 1442).

Closing Date for the Receipt of Proposals- The hour and date for receipt of proposals is hereby not extended.

Third Party: If you have given a copy of the solicitation to someone else, please forward this amendment accordingly.

mailto:sgallagher@usbr.gov

F-1 Revised

SECTION F

DELIVERIES OR PERFORMANCE

Canyon Ferry Powerplant G1-G3 Generator Rewinds

Canyon Ferry Unit, Helena-Great Falls Division

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

Amendment 003

F-2 Revised

S F.1 52.211-8 Time of delivery – ALT III APR 1984

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

Item Within Days After Date of Delivery Order Award

Approved Designs (Stator Core, Armature Windings, Air coolers, Work Platform)

150 calendar days

Stator Core 420 calendar days

Armature Winding 450 calendar days

Air Coolers 270 calendar days

Work Platform 180 calendar days

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offerors Proposed Delivery Schedule

Item Within Days After Date of Delivery Order Award

Approved Designs (Stator Core, Armature Windings, Air coolers, Work Platform)

Stator Core

Armature Winding

Air Coolers

Work Platform

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-3 Revised

(b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive notice of award by April 30, 2021. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges receipt of notice of award.

C F.2 52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984

The Contractor shall be required to (a) commence work under this contract immediately after the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ______________.* The time stated for completion shall include final cleanup of the premises.

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 * calendar days after the date the

Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

*The Government will be evaluating the offeror’s proposed schedule. The Government intends to incorporate the successful offeror’s proposed schedule into and make it part of the contract.

(d) For coordination and scheduling purposes, the Government provides the following information. The Government will perform the disassembly and reassembly of the unit. The

Government will have the existing stator core and armature winding removed. The Government will coordinate with the Contractor to ensure all necessary pre-tear down readings will be obtained to facilitate the Contractor’s work under this contract. The Government will coordinate for witnessing and make available the data for pre-tear down readings to the contractor. The

Government will establish a second contract for the supply and delivery of turbine runners and associated mechanical replacement components to be installed by the Government. After the

Government reassembles the unit the contractor shall coordinate with the Government’s schedule and return to perform rotor balancing in accordance with Section 48

13 73, generator ventilation testing in accordance with Section 48 13 72 and generator acceptance test (first generator only) in accordance with Section 48 13 71. Following completion of the acceptance testing and overall commissioning effort the Government will perform acceptance test for the runner in accordance with the contract. Upon completion of

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-4 Revised the turbine acceptance testing the Government will begin the 30-day proving period for both contracts. The contract warranty period will begin following a successful 30-day proving period.

The Government will provide a “Use and Possession Prior to Completion” letter indicating the date at which the warranty period would commence. The Contractor’s 30-days will be counted for any days during which the unit is in operation following both acceptance testing. For the following units, the 30-day proving period will commence following successful assembly, commissioning and balancing of the units.

C F.3 52.211-11 Liquidated damages – Supplies, Services or Research and

Development

SEP 2001

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government actual liquidated damages of $6,600 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default -- Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default -- Fixed-Price Supply and Service clause in this contract.

C F.4 52.211-12 Liquidated damages – construction SEP 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 $8,000.00 for each calendar day of delay until the work is completed or accepted. The amount of liquidated damages shall apply to each task order under the contract.

(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.

C F.5 52.211-13 Time Extensions SEP 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-5 Revised portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

S&C F.6 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the

Contracting Officer, is justified.

S&C F.7 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.

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-6 Revised

S&C F.8 52.242-15 Stop-Work Order Aug 1989

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree.

The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the

Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the

Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

S&C F.9 52.242-17 Government Delay of Work Aug 1984

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-7 Revised

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) 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; and

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

S&C F.10 52.247-34 F.O.B. Destination NOV 1991

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including

"piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National

Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.

If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-8 Revised

(b) The Contractor shall- (1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

S&C F.11 DELIVERY

INFORMATION -

(a) All supplies or equipment required under this contract shall be shipped f.o.b., destination to the following:

Bureau of Reclamation

Canyon Ferry Power

Plant

(b) Deliveries will be coordinated with the COR.

S&C F.12 DELIVERY AND TASK ORDER ISSUANCE

PROCEDURES

(a) General: Delivery/Task Orders will be issued under this contract in the form and manner set forth below.

(1) Delivery/Task Orders will be issued on a Firm-Fixed Price basis.

(2) Delivery/Task Orders will be issued unilaterally by the Government.

(3) The Government shall order, and the Contractor shall furnish supplies costing the Government at least the minimum of $250,000 during the five-year contract performance period.

(b) Monetary Limitations. The maximum cumulative amount of orders that may be placed against contract shall not exceed $20,000,000.

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-9 Revised

(c) Order Placement Procedures

(1) The Government will notify the Contractor of its intent to issue a Task/Delivery Order.

(2) Task/Delivery Orders may require discussion/negotiation of the following factors: delivery time, transportation factors, performance on previous orders, or a combination thereof.

(3) The notice for each task order will also provide any required “fill-in’s” for the contract clauses and other specific information/direction pertaining to the task order, including, but not limited to:

• Details regarding the number of days after notice of a task order that notice to proceed will be issued and the number of days from NTP to commencement of work.

• Details regarding commencement, prosecution, and completion of work. See Section

F.2, contract clause FAR 52.211-10.

• Identification to the Schedule Number and Ordering Period to which the Task/Delivery

Order pertains.

(d) Other Ordering Requirements

(1) Bonding Requirements – reference Section H.3, Bonding Requirements.

(2) Labor Laws. The Labor Standards For Contracts Involving Construction (Construction

Wage Rates) is applicable to all individual construction task order requirements.

(3) Certified Payroll Reports. For each construction task order issued, the awardee shall furnish weekly certified payrolls (prime and subcontractor) in accordance with FAR clause 52.222-

8, Payrolls and Basic Records. Funds will be retained from progress payments until all payroll reports are submitted.

(4) Release of Claims. Reference contract clause 1452.204-70, Release of Claims. The awardee shall be required to furnish a release of claims prior to final payment.

(5) Insurance. Reference contract clause 1452.228-70, Liability Insurance- Department of the

Interior.

The Contractor is required to procure liability insurance during the term of the contract. It is the responsibility of the Contractor to provide updated insurance certificates when insurance policies expire. Any lapses in maintaining current insurance shall be reinstated within 10 calendar days of the expiration date.

S&C F.13 CONTRACT ORDERING

PERIOD

The overall ordering period will be for 5 years commencing upon contract award.

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-10 Revised

S F.14 DELIVERY ORDER – DELIVERY

DATES

Each individual delivery order will specify a required delivery date.

C F.15 TASK ORDER PERFORMANCE

PERIODS

Each individual task order will specify a performance period for the work covered under the task order.

Performance periods for generator rewinds will be identified in the Commencement, Prosecution and

Completion work for each task order.

S&C F.16 WBR 1452.246-81 FAILURE TO MEET PEFORMANCE

WARRANTIES

BUREAU OF RECLMATION

MAY 2005

(a) In addition to any other warranties in this contract, this clause is applicable when end items furnished by the Contractor do not meet Reclamation conducted performance warranties listed in

Sections B, Supplies or Services and Prices, of The Schedule. Reclamation will conduct factory tests, field tests, or operations under service conditions as specified in this contract in accordance with Section

C, Description/Specifications, of The Schedule.

(b) The Contracting Officer will notify the Contractor, within a reasonable time after discovery that the item does not meet warranty requirements under the "Warranted Characteristics" paragraph of

Section B, Supplies or Services and Prices, of The Schedule. The Contractor will be given an opportunity to repair or replace defective equipment at the Contractor's expense.

(c) If the contractor does not repair or replace defective equipment, the Government may elect to accept equipment which does not pass factory test, field test, or operation under service conditions, and which does not meet the requirements of performance warranties, and the Government shall be entitled to an equitable reduction in the contract price for such equipment. Because of the impossibility of determining the actual loss to the Government due to such failure to meet warranties, the Government will adjust the contract price in accordance with the liquid damages in paragraphs (d) and (e). All adjustments made in accordance with paragraphs (d) and (e) of this clause shall be cumulative with no credit given for equipment which exceeds performance warranties. If the adjustments result in a reduction in the contract price which exceeds the amount due the Contractor, the Contractor shall promptly refund to the Government the excess amount and the Contractor and its sureties shall be liable for that amount.

This adjustment shall be final and conclusive for both the Contractor and the Government, and neither party can use this adjustment as a basis for a claim against the other party.

(d) The contract line item price for each generator armature shall be reduced as follows:

Pick-Sloan Missouri Basin Project, Montana

Solicitation No. 140R6021R0012

F-11 Revised

(1) The contract line item price for each generator armature winding shall be reduced

$800.00 for each kilowatt that the actual armature winding I2R losses, as determined from field tests performed by the Contractor in accordance with the specification paragraph entitled

“Contractor Field Testing” (rather than any previous tests performed by the Government), exceed the warranted losses at 6,900 volts, rated frequency, 1.0 power factor, and 19,200 kilovolt-ampere output.

(2) The contract line item price for each generator armature winding shall be further reduced

$9,000.00 for each 1/100 of 1 percent of the actual kilowatt capacity that is below the warranted capacity specified under the specification paragraph entitled “Ratings” and within the specified temperature limits.

(e) The contract line item price for each generator stator core shall be reduced $800.00 for each kilowatt that the actual open circuit stator core losses, as determined from field tests performed by the

Contractor in accordance with the specification paragraph entitled “Contractor Field Testing” (rather than any previous tests performed by the Government), exceed the warranted losses at rated voltage and frequency.

Pick-Sloan Missouri Basin Project, Montana Solicitation No. 140R6021R0012

L - 1 Revised

Revised

S&C L.1 52.204-7 System for Award Management OCT 2018

(a) Definitions. As used in this provision—

"Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the

Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of

Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.

The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing t ime should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 https://www.acquisition.gov/far/subpart-4.14#FAR_Subpart_4_14 http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/

Pick-Sloan Missouri Basin Project, Montana Solicitation No. 140R6021R0012

L - 2 Revised

S&C L.2 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

(a) Definition. As used in this provision—

“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. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The

CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA

Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a

NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the

United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or

52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the

Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

S&C L.3 52.204-22 Alternative Line Item Proposal JAN 2017

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are http://www.sam.gov/ http://www.nato.int/structur/AC/135/main/links/contacts.htm http://www.nato.int/structur/AC/135/main/links/contacts.htm http://www.cage.dla.mil/ http://www.cage.dla.mil/

Pick-Sloan Missouri Basin Project, Montana Solicitation No. 140R6021R0012

L - 3 Revised requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

S&C L.4 52.211-1 Availability of Specifications Listed in The GSA Index Of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101-29

AUG 1998

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service

Specifications Section, Suite 8100

470 East L’Enfant Plaza SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision.

Additional copies will be issued for a fee.

S&C L.5 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and

Standardization Information System (ASSIST)

APR 2014

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/ );

(2) Quick Search (http://quicksearch.dla.mil/ );

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by—

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm );

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2197, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

S&C L.6 52.214-34 Submission Of Offers In The English Language APR 1991

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

Pick-Sloan Missouri Basin Project, Montana Solicitation No. 140R6021R0012

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English shall be rejected.

S&C L.7 52.214-35 Submission Of Offers In U.S. Currency APR 1991

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

S&C L.8 52.215-1 Instructions to Offerors -- Competitive Acquisition JAN 2017

(a) Definitions. As used in this provision --

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer’s discretion, result in the offeror being allowed to revise its proposal.”

“In writing,” “writing,” or “written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show –

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of

Pick-Sloan Missouri Basin Project, Montana Solicitation No. 140R6021R0012

L - 5 Revised persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)

(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and –

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the

Government installation designated for receipt of offers and was under the

Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or

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L - 6 Revised combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency

Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall --

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the

Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors

(except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the

Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

Pick-Sloan Missouri Basin Project, Montana Solicitation No. 140R6021R0012

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(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the

Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the

Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past…