140R6021R0015_Amendment_0005_0005.pdf

(x)

140R6021R0015 x x

1 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

08/29/20210005

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

07/26/2021

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.

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

See page 2 of 2 for changes incorporated by this amendment

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)

Michael L. Birkland

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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 .

140R6021R0015 Amendment No. 0005

Description of Changes: The following changes are hereby incorporated by this amendment:

1. Remove Section L – Instructions, Conditions and Notices to Offerors pages L-14 through L-19 and substitute therefor the attached revised pages L-14 through L-19.

2. Remove Section M – Evaluation Factors for Award pages M-1 and M-2 and substitute therefor the attached revised pages M-1 and M-2.

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

Receipt of Proposals: The hour and date for receipt of proposals remains unchanged at 3:00 PM (MDT) August 30, 2021.

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

Leadville Mine Treatment Plant and Facilities Early Site Work Leadville Mine Drainage Tunnel Project, Colorado 140R6021R0015

L - 14 (Revised)

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

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

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

L.17 WBR

1452.215-81

GENERAL PROPOSAL INSTRUCTIONS – BUREAU OF

RECLAMATION

MAR 2021

This procurement will be conducted in accordance with FAR Part 15. As described in WBR 1415.209(a)(1), insert the following provision, tailored as applicable.

In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this solicitation (see FAR 52.215-1), each offeror shall submit a proposal in accordance with the instructions contained in this provision.

(a) Use and Disclosure of Proposal Information. In accordance with the Use and Disclosure of

Proposal Information -- Department of the Interior provision of this solicitation (see DIAR

L - 15 (Revised)

1452.215-71), offerors shall mark trade-secret or confidential commercial or financial information contained in the proposal with the restrictive legends specified. The offeror shall also clearly and separately mark all proprietary information (as defined in FAR 3.104-3) contained in the proposal with the restrictive legend "Proprietary Information."

(b) Proposal Volumes. Offerors shall submit a separate PDF file for each volume of the proposal.

(Volume I, II, III). Contractors shall submit each copy via email to mbirkland@usbr.gov. The email subject line shall contain the word “Proposal” and the Solicitation number.

*Note that our email server has a file size limitation of 25MB. If necessary, send proposal volumes in multiple mails.

Volume Title Copies Required

I Business Proposal (Representations, Certifications and Offer) 1 Electronic Copy

II Technical Proposal/Past Performance 1 Electronic Copy

III Pricing Proposal 1 Electronic Copy

Note1: Please submit the Bid Guarantee electronically, paragraph L. 11 FAR 52.228-1.

Note 2: A preliminary compliance review will be conducted to determine whether Offerors’ proposals have complied with the RFP preparation instructions.

(c) General Contents. Each separate proposal Volume shall:

(1) Be presented in a manner which allows it to “stand alone” without the need to reference other documents.

(2) Be a coherent document free of internal inconsistencies as well as inconsistencies with other volumes of the proposal.

(3) Conform to all solicitation provisions, clauses, or requirements.

(4) Address the submission requirements with specificity and detail where required.

(5) Be an orderly, specific, and complete document in every detail.

(6) Be logically presented, using clear and concise language so that it can be easily read and meaningfully evaluated by Reclamation personnel from a variety of different functional and technical disciplines.

(7) Have all pages in each volume consecutively numbered (including pages with tables and exhibits) and cross-referenced to other volumes where appropriate for each; and mailto:mbirkland@usbr.gov

L - 16 (Revised)

(8) Indicate how the proposal conforms to the evaluation criteria identified in Section M.

(d) Format. To assist in the uniform evaluation of proposals, the following format shall be used in preparing each separate proposal Volume:

(1) Provide a Table of Contents which lists all sections specific to the proposal Volume.

(2) Cross-reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M.

(3) Provide a list of any enclosures, including tables, drawings, charts, or other enclosures which summarize data or information.

(e) Volume I, Business Proposal. Volume I shall incorporate the other Volumes by reference but shall not physically include them. It shall consist of:

(1) A fully executed Solicitation, Offer, and Award form required by Part I, Section A of this solicitation. It shall be used as the cover sheet (or first page) of Volume I.

(2) Fully executed and completed offeror representations, certifications, and acknowledgments required by Part IV, Section K of this solicitation.

(3) Additional information required by the solicitation to be furnished by the offeror which is not required to be obtained in another volume of the proposal.

(4) Make-or-buy program (if applicable).

(5) Requests for any waivers of any solicitation provisions or contract clauses; and

(6) A summary of any exemptions from, or deviations to, any other solicitation requirements.

(f) Volume II, Technical Proposal. The technical proposal should convincingly describe the capability of the offeror's organization to participate in this project and effectively demonstrate a thorough understanding of the work statement contained in Part I, Section C of this solicitation. To assist in the uniform evaluation of proposals, the following format shall be utilized in preparing the technical proposal:

(a) Table of Contents. The Table of Contents shall list all sections of the technical proposal. Any future amendments, additions and/or revisions to the proposal shall be included in an updated Table of Contents;

L - 17 (Revised)

(b) Index. The Index section shall cross reference the statement of work, specifications, or performance work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M;

(c) Enclosures. The Enclosures Section shall include a list of any tables, drawings, charts, and any other enclosures which summarize data or information;

(d) Executive Summary. The Executive Summary shall include a brief discussion of how the required work will be performed and important highlights of the proposal.

(d) Additional technical instructions. Provide the following information as it relates to each factor:

Factor 1. EXPERIENCE

The Offeror shall furnish a list of its four (4) most recent Federal, State, local government or private sector (commercial) projects completed within the last seven (7) years that had critical completion timeframes and were similar in scope, complexity, and magnitude to the work required under this solicitation. List only those contracts that are comparable in scope or complexity (OR that have components of work that are comparable in complexity) to this solicitation, including pipe manufactured and installed in accordance with the allowable pipe options under Specification section 33 11 10. At a minimum, include the following information for each project:

a. Name of project;

b. Description of work and relevance to this project;

c. Contract number (if applicable government award);

d. Period of Performance;

e. Name and address of the acquiring Government agency or commercial owner;

f. Initial contract amount and final contract amount;

g. Any problems encountered in performance of the work and corrective action(s) taken;

h. Name(s), telephone number(s) and e-mail address(s) of references from the acquiring customer who may be contacted for further information. The Government will consider a subcontractor’s experience in addition to an Offeror’s experience on a maximum of two (2) projects of the four (4) total projects required under this factor. For the Government to consider the relevance of a subcontractor’s experience, the Offeror shall include a Letter of Commitment. The Letter of Commitment shall be signed by both the Offeror and subcontractor and shall demonstrate the commitment of both parties to this project. Leadville Mine Treatment Plant and Facilities Early Site Work Leadville Mine Drainage Tunnel Project, Colorado 140R6021R0015.

L - 18 (Revised)

Factor 1: Experience will be rated on a GO/NO-GO basis on the following minimum acceptability standard:

Minimum Acceptability Standard: Offeror demonstrates successful and comparable experience on four (4) total projects, including a minimum of two (2) as a prime contractor, within the last seven (7) years on projects that had critical completion timeframes and were similar in scope, complexity, and magnitude to the work required under this solicitation GO/NO-GO.

(g) Volume III, Price Proposal. Offerors are hereby notified that even though cost or pricing data are not initially requested in this solicitation, the Contracting Officer reserves the right to request such data if they are later found necessary pursuant to FAR 15.403-5(a)(1).

To assist in the uniform evaluation of proposals, the following format shall be utilized in preparing the pricing proposal:

(1) Table of contents. The Table of Contents shall list all sections of the pricing proposal. Any modifications or revisions to the proposal, up to the date of agreement on price, shall include an updated Table of Contents.

(2) Index. The index shall cross reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M of this solicitation.

(3) Enclosures. A list shall be included of all enclosures, attachments, tables, drawings, charts, and any other material which summarize data or information contained or referenced in the pricing proposal.

(4) The price proposal should be consistent with the technical approach(es) proposed in the technical proposal, Volume II.

(5) Pricing proposal breakdown. The offeror shall submit Section B of the contract Schedule

(Schedule of Supplies and Services, found in Part I of this solicitation), including any attached Price Schedules noted in Section B, with its proposed total prices/costs for each contract line item number (CLIN), including any options, and proposed unit price(s), if required. In addition, a total proposed price consisting of the sum of all contract line items (excluding options) shall be submitted.

(6) No cost information shall be included in any of the other volumes.

(7) All price or cost amounts shall be expressed to the nearest whole dollar except for individual hourly labor rates (if required). All percentages shall be expressed to two decimal places.

L - 19 (Revised)

L.18 WBR

1452.236-85

INSTRUCTION FOR MOBILIZATION AND

PREPARATORY WORK SCHEDULE LINE ITEM

MAY 2000

The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line item should not exceed 5 percent of the total proposed price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the percentage stated herein.

M - 1 (Revised)

SECTION M -- EVALUATION FACTORS FOR AWARD

M.1 WBR EVALUATION FACTORS FOR AWARD – LOWEST PRICE MAR 2021

1452.215-85 TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS

(a) Award will be made to the responsible offeror submitting the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost/price factors and any significant subfactors listed in this provision.

(b) Proposals shall be evaluated for acceptability, but not ranked, using the non-cost/price factors listed below. There shall be no trade-offs. Since technical proposals are being solicited to obtain information to be used in the evaluation, the Government reserves the right to use information outside of the proposal to evaluate the capability of offerors and the value of offers.

(c) Pursuant to FAR 15.305(a)(1), a cost or price analysis will be performed to determine price reasonableness and any instances of unbalanced pricing, using one or more of the techniques at FAR

15.404 -1.

(d) The following factors, significant subfactors (if listed), and acceptability standards for non-cost/price factors/subfactors shall be considered in evaluating proposals and making the source selection:

Factor 1: Experience Minimum Acceptability Standard: Offeror demonstrates successful and comparable experience on four (4) total projects, including a minimum of two (2) as a prime contractor, within the last seven (7) years on projects that had critical completion timeframes and were similar in scope, complexity, and magnitude to the work required under this solicitation.

In accordance with FAR 15.305 (a) (2) (iv), offerors with no relevant past performance history, or for whom information on past performance is not available, will result in a neutral rating (i.e. not rated favorably or unfavorably). In the context of GO/NO-GO, neutral shall be considered GO.

M - 2 (Revised)

M.2 WBR

1452.225-82

NOTICE OF WORLD TRADE ORGANIZATION

GOVERNMENT PROCUREMENT AGREEMENT

EVALUATIONS--BUREAU OF RECLAMATION

MAY 2005

In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act.