140R6024R0006__MTE_Pump_Generating_Manufacturing_and_Rehab_Multiple_Award_IDIQ_-_Solicitation.pdf

Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ -Turbine and Generator Hydroelectric

Solicitation No. 140R6024R0006

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

MISSOURI BASIN REGION

BILLINGS, MT

Contents Solicitation No. 140R6024R0006

SECTION A – SF-1442

SECTION B – MULTIPLE AWARD IDIQ FOR SUPPLIES AND CONSTRUCTION PRICE SCHEDULE TURBINE AND GENERATOR HYDROELECTRIC MOUNT ELBERT PUMPING PLANT COLORADO………………………………………………………………………………………………8

SECTION C – Statement / Description / Specification of Work SECTION D – Packaging and Marking SECTION E – Inspection and Acceptance

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

SECTION F -- Deliveries or Performance

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

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK APRIL 1984

SECTION G - Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

G.2 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

APRIL 2013

G.3 WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION JULY 1993

G.4 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS BUREAU OF

RECLAMATION MAY 2018

G.5 FAR 52.216-32 TASK-ORDER AND DELIVERY-ORDERSMAN………………………………………….…………………………………………………..17

SECTION H -- Special Contract Requirements

H.1 ORDERING PROCEDURES MTE MATOC JAN 2024

H.2 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DECEMBER 2015…………………………….……..20

H.3 SCHEDULE OF VALUES………………………………………………………………………………………………………………………………………………….21

SECTION I - Contract Clauses

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

I.2 FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOVEMBER 2021

I.3 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS NOVEMBER 2021

I.4 FAR 52.209-1 QUALIFICATION REQUIREMENTS FEBRUARY 1995

I.5 FAR 52.219-4 NOTICE OF PRICE PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS SEPTEMBER 2021

I.6 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION MARCH 2023

I.7 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

I.8 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

I.9 FAR52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS DECEMBER 2022

I.10 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APRIL 1984

I.11 FAR 52.236-4 PHYSICAL DATA APRIL 1984

I.12 FAR 52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

I.13 FAR 52.252-4 ALTERATIONS IN CONTRACT APRIL 1984

I.14 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

Solicitation Document No.

140R6024R0006

Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ -Turbine and Generator Hydroelectric

I.15 FAR 52.228-1 BID GUARANTEE SEPTEMBER 1996

I.16 WBR 1452.203-70 RESTRICTION ON ENDORSEMENTS DEPARTMENT OF INTERIOR JULY 1996

I.17 WBR 1452.204-70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

I.18 WBR 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

I.19 WBR 1452.223-80 ASBESTOS FREE WARRANTY -- BUREAU OF RECLAMATION AUGUST 2021

I.20 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION OCTOBER 2022

I.21 WBR 1452.232-81 – PAYMENT FOR MOBILIZATION AND PREPARATORY WORK – BUREAU OF RECLAMATION ALT I

MARCH 2022

I.22 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES – BUREAU OF RECLAMATION MARCH 2022………………………………..….40

I.23 WBR 1452.243-80 MODIFICATION PROPOSALS – BUREAU OF RECLAMATION MARCH 2022……………………………………………………….…41

I.24 WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION MARCH 2022…………………………………………….……………...42

I.25 WBR 1452.228-70 LIABILITY INSURANCE…………………………………………………………………………………………………………………………….…46

I.26 WBR 1452.246-81 FAILURE TO MEET PERFORMANCE WARRANTIES -- BUREAU OF RECLAMATION MARCH 2022.………46

I.27 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION MARCH 2022

I.28 WBR 1452.243-80 MODIFICATION PROPOSALS – BUREAU OF RECLAMATION MARCH 2022

SECTION J – List of Attachments and Exhibits SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS MARCH 2023

K.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT NOVEMBER 2021

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCTOBER 2018

K.5 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS OCTOBER 2020

K.6 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION NOVEMBER 2021

K.7 FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION FEBRUARY 1999

K.8 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION JUNE 2020

K.9 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES APRIL 2005

SECTION L – Instructions, Conditions and Notices to Bidders

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

L.2 FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS

AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 AUGUST

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

STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) APRIL 2014

L.4 FAR 52.216-1 – TYPE OF CONTRACT APRIL 1984

L.5 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK MAY 2014

L.6 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS MAY

L.7 FAR 52.236-27 SITE VISIT CONSTRUCTION ALT I FEBRUARY 2015……………….…………………………………………………………………..63

L.8 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS NOVEMBER 2020

Solicitation Document No.

140R6024R0006

Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ -Turbine and Generator Hydroelectric

L.9 WBR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT OF THE INTERIOR APRIL 1984…64 L.10 WBR 1452.215-81 PROPOSAL INSTRUCTIONS MAR 2021………………………………………………………………………..65 L.11 1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR JUL 1996 (Deviation)……………............……………………...74 L.12 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK SCHEDULE LINE ITEMS – BUREAU OF

RECLAMATION MAR 2022……………………………………………………………………………………………………………………………………………….…..74

SECTION M -- Evaluation Factors for Award………………………………………………………………………………………….…...75

M.1 WBR 1452.215-80 SOURCE SELECTION EVALUATION PROCEDURES – BUREAU OF RECLAMATION MAR 2021

M.3 WBR 1452.215-84 EVALUATION FACTORS FOR AWARD—QUALITY AND COST/PRICE APPROXIMATELY EQUAL –

BUREAU OF RECLAMATION MAR 2021

Solicitation Document No.

140R6024R0006

Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ -Turbine and Generator Hydroelectric

M.2 WBR 1452.246-80 EVALUATION OF EQUIPMENT EFFICIENCY AND LOSSES–

BUREAU OF RECLAMATION MAR 2021

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

ANDAWARD 140R6024R0006 □SEALED BID (IFB)

(Construction, Alteration, or Repair) ill] NEGOTIATED (RFP) 5 I 79

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

7. ISSUED BY

Bureau of Reclamation Great Plains Region Regional Office PO Box 36900 Billings MT 59107

CODE 8. ADDRESS OFFER TO

6. PROJECT NO.

9. FOR ►

l

a. NAME

INFORMATION M t CALL: on e Baird

lb. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

14062477805

SOLICITATION

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

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

MTE Pump Generating Manufacturing and Rehab Multiple Award IDIQ - Turbine and

Generator Hydroelectric:

Supplies and Construction Services:

The services in the schedule shall be ordered by giving written notice to the contractor(s) through award of a Task Order. If oral notices are given, it shall be confirmed by the Contracting Officer (CO) within five (5) days of such oral notice.

Orders may only be issued by the Bureau of Reclamation, Missouri-Basin, or Upper

Colorado Region Contracting Officer or Contracting Specialist assigned to the contract. For current administrative information please see Section G.

Task Orders (TOs):

Assuming a multiple award IDIQ, to satisfy FAR 16.505(b) (1), the Contracting Officer will provide each awardee a fair opportunity to be considered for each award over the micro-purchase threshold unless an exception to fair opportunity exists in accordance with FAR 16.505(b) (2). The methodology for the evaluation of each TO shall be announced in each individual Fair Opportunity Proposal Request (FOPR). See ordering procedures for more in-depth information.

Minimum and Maximum:

Continued ...

11. The Contractor shall begin performance within

[Jc]award, D notice to proceed. The performance period is calendar days and complete it within

[l<J mandatory D negotiable. (See

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

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

00YES □ NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by calendar days after receiving

12b. CALENDAR DAYS

1300 (hour) local time 05/02/2024 (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.

b. An offer guarantee [le] is, Dis not required.

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

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1 (d)

PAGE 6 OF

OFFER (Must be fully completed by offerer)

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

17. The offerer 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.)

AMOUNTS

► I

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offerer 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 prinQ 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Continued.

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 24. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified) ► I

ITEM

□ 10 U.S.C. 2304(c) □ 41 U.S.C. 3304(a)

26. ADMINISTERED BY CODE IR 6 0 ,7_ PAYMENT WILL BE MADE BY

'-----------------1

Bureau of Reclamation

Great Plains Region

Regional Office

PO Box 36900

Billings MT 59107

CONTRACT/NG OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

□ 28. NEGOTIATED AGREEMENT 029.AWARD

(Contractor is required to sign this document and return ____ copies to issuing office.) (Contractor is not raquirad to sign this document.)

Contractor agraes to furnish and deliver all items or perform all work raquiraments identified Your offer on this solicitation is hereby accapted as to the items listed. This award consummates 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 the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

contract award, (b) the solicilauon, and (c) the clauses, representations, No further contractual document is necessary.

certifications, and specifications incorporated by reference in or attached to this contract.

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

David Bryan

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

BY

STANDARD FORM 1442 (REV. 8/2014) BACK

CONTINUATION SHEET

EFERENCE NO. OF DOCUMENT BEING CONTINUED

140R6024R0006

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

00010

SUPPLIES/SERVICES

(B)

During the life of the contract, the government shall place orders totaling a minimum of

$2,500.00; please see FAR clause 52.216-19 Order

Limitations and 52.216-22 Indefinite Quantity within this solicitation for more information.

The total ceiling price of each contract awarded will be $45,000,000.00. However, the sum of all task orders shall not exceed $45,000,000.00 regardless of how orders are distributed among awardees.

MTE Pump Generating Manufacturing and Rehab -

Turbine and Generator Hydroelectric Supplies and

Construction Services

Product/Service Code: J028

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- ENGINES, TURBINES, AND COMPONENTS

NSN 7540-01-152-8067

QUANTITY UNIT

(C) (D)

UNIT PRICE

(E)

PAGE

OF

I 79

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR /48 CFRl 53.110

Solicitation Document No.

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

Continuation of Section B – Supplies or Services and Price

SECTION B –Multiple Award IDIQ for SUPPLIES AND CONSTRUCTION PRICE

SCHEDULE TURBINE AND GENERATOR HYDROELECTRIC MOUNT ELBERT PUMPING

PLANT, COLORADO

PRICE SCHEDULE

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

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

Definitions:

(1) CLIN – Contract Line Item Number

Supplies and Construction Services:

The services in the schedule shall be ordered by giving written notice to the contractor(s) through award of a Task Order. If oral notices are given, it shall be confirmed by the Contracting Officer (CO) within five

(5) days of such oral notice. Orders may only be issued by the Bureau of Reclamation, Missouri-Basin, or Upper Colorado Region Contracting Officer assigned to the contract. For current administrative information please see Section G.

Task Orders (TO’s):

Assuming a multiple award IDIQ, to satisfy FAR 16.505(b)(1), the Contracting Officer will provide each awardee a fair opportunity to be considered for each award over the micro-purchase threshold unless an exception to fair opportunity exists in accordance with FAR 16.505(b)(2). The methodology for the evaluation of each TO shall be announced in each individual Fair Opportunity Proposal Request (FOPR).

See ordering procedures for more in-depth information.

Minimum and Maximum:

During the life of the contract, the government shall place orders totaling a minimum of $2,500.00; please see FAR clause 52.216-19 Order Limitations and 52.216-22 Indefinite Quantity within this solicitation for more information.

The total ceiling price of each contract awarded will be $45,000,000.00. However, the sum of all task orders shall not exceed the ceiling limit regardless of how orders are distributed among awardees.

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

PRICE SCHEDULE

Please See Section J and Attachment 1 for Seed Task Price Schedule

END OF PRICE SCHEDULE

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment(s) for Multiple award IDIQ SOW, Seed Task Order specifications, Seed Task drawings, and other supporting data.

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION D – Packaging and Marking

There are no clauses included in this section.

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION E – Inspection and Acceptance

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

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

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

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

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

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION F -- Deliveries or Performance

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

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

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date 52.211-13 Time Extensions September 2000 52.242-14 Suspension of Work April 1984

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to (a) commence work under this contract within (to be provided for each task order) 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 (to be provided for each task order) calendar days after notice to proceed. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION G - Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 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 having 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 exceeding 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 via electronic transmission. This can be through email, mail, or fax. If by fax please request the appropriate fax number. Email is the preferred method of delivery.

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

(End of Clause)

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

G.2 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) APRIL 2013

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

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

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

(Reference FAR 52.232-5, Payments under Fixed Price Construction Contracts)

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

(to be provided for each task order)

Failure to transmit invoices via electronic transmission may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

G.3 WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION JULY 1993

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

(b) The conference will be held virtual using Microsoft Teams.

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

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

(End of Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

G.4 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS BUREAU OF RECLAMATION MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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

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

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

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

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

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

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

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

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

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

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

(End of clause)

G.5 FAR 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Tiffany Harvey, 1849 C Street NW, Washington, D.C. 20240, (202)513-7541, tiffany_harvey@ios.doi.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

mailto:tiffany_harvey@ios.doi.gov

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION H -- Special Contract Requirements

H.1 ORDERING PROCEDURES – MTE MATOC JAN 2024

Ordering Procedures – MTE Multiple Award Task Order Contract (MATOC) For SUPPLIES AND CONSTRUCTION PRICE SCHEDULE TURBINE AND GENERATOR HYDROELECTRIC

1. General Information: During the ordering period of this MATOC, Task Orders (TO’s) placed under this MATOC will be issued and competed in accordance with (IAW) Federal Acquisition Regulation (FAR) 16.505 and its agency supplements as applicable. Unless otherwise specified in individual Fair Opportunity Proposal Request (FOPRs), the following guidance defines the process by which fair opportunity will be afforded and how TO’s will be evaluated and awarded.

Work under this contract will be ordered by individual orders issued on Form 1442 or Optional Form (OF) 347 (Order for Supplies or Services) to the Contractor by any Upper Colorado Basin or Missouri Basin Region Contracting Officer having the appropriate warrant authority. In the case of an urgent requirement, the Contracting Officer may issue written notice to the Contractor to begin immediate work under a delivery/task order. Delivery Orders may include Original Equipment Manufacturer (OEM) drawings and Statement of Work.

The minimum guarantee for the basic MATOC is $2,500.00.

2. Scope & Pricing: See main IDIQ SOW for full possible scope of individual TO’s. TO’s may include any number of tasks identified in SOW section.

Pricing Arrangements: TO’s may be awarded as Firm-Fixed-Price (FFP), FP with Time & Materials (T&M) or Labor Hours mixed (FP w/ T&M for portions), and multiple mixes of the pricing arrangements listed as needed per TO. T&M is not expected often and shall not be a majority of each TO. It is intended for items that cannot be accurately estimated. TO’s will be a majority FFP.

3. Fair Opportunity Process: For each order, the CO or CS will initiate the FOPR process by providing a FOPR letter and associated attachments to each prime contractor that holds a current MATOC. The contractor shall evaluate the FOPR and submit a proposal in response to the request. Formats of the FOPRs and contents are subject to change based on the requirements of the TO.

The FOPR will include, at a minimum, the following information (unless the CO determines that an exception to fair opportunity processes exists, as set forth in para. 4 below):

a. Date of Announcement

b. Proposal due date

c. Instructions for proposal submissions

d. Statement Of Work (SOW) or Statement of Objectives (SOO)

e. Anticipated contract type/pricing structure of the resultant TO

f. Anticipated CLIN structure

g. Contact information for proposal submittal

h. Evaluation criteria and factors for award

i. Associated attachments, Government Furnished Information, and Drawings as applicable

4. Selection Criteria for Awarding Orders: The government intends to award to the contractor(s) based on the following methodologies depending on the individual order details: Lowest Price Technically Acceptable (LPTA), Trade-Off process, price and past performance only, or in rare situations oral quotes may be utilized due to urgency but are not foreseen, and any other reasonable method allowable based on the TO details. The government will evaluate the proposals against the established selection criteria in each individual FOPR.

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

5. Market Research/Outreach and Draft Packages: The government may draft packages and SOW’ for contractor comments before a formal FOPR is issued. Contractors are encouraged to review and respond to the draft packages as the comments are what will be used to tailor the FOPRs to the MATOC holders. Responses to drafts are not required but are helpful in ensuring that a complete FOPR is issued by the agency to the contractors. If used, the government will state that the notice is a draft seeking comments for future FOPR issuance and that it is requesting comments from industry. Details will be included in each individual draft notice.

6. Proposal Process: The CO or CS will issue a FOPR to all contractors holding a current MATOC. The amount of time for proposal submission will be based on the complexity and urgency of the requirements. The Contractor’s proposal shall be submitted to the ordering CO or CS on or before the time and date specified in the FOPR letter. Pricing on order proposals shall be valid for a minimum of 90 calendar days after the required submission date unless specified otherwise in the individual FOPR.

General Proposal Process Description: Each FOPR should clearly describe all the services and tasks to be performed so the contractor can accurately estimate the cost of the project. If the contractors are unsure of the requirements, please contact the CO/CS to ask for clarifications and information and if possible, the missing information will be provided. The government shall use performance-based work statements to the maximum extent practicable describing the end results desired vs. the methodology of work to allow the contractor to describe how best to perform the tasks. Contractor proposal requirements/submission requirements shall be kept to a minimum as much as practicable. Minimum order amount will be no less than $2,500.00 and no more than $10,000,000.00 estimated.

Orders under or over these amounts may be agreed to but are not required. FOPRs may be sent out for varying amounts of time, more time will be given for more complex orders. However, generally FOPRs will be out for a minimum of 30 days, unless urgent circumstances exist that would justify shorter response times, including the potential use of oral quotes though it is not expected to use this method if avoidable.

The individual FOPR will stipulate the response times, include all pertinent attachments and performance criteria, state the selection criteria and evaluation methodologies, state any evaluation weighting if used, the minimum proposal contents, estimated period of performance, the tasks needing completed and expected timeframe of completion, and any information the government has for the requirements. Proposals will generally be expected within 30-60 days of FOPR issuance unless otherwise stated in the individual FOPR.

The proposals will be sent to the technical team that will evaluate the proposals IAW the evaluation criteria sent in the FOPR. The CO/CS will select the awardee based on the technical evaluation results.

Selection of the successful awardee will generally be announced within 30 calendar days from receipt of final proposals. If negotiations are entered into the negotiation phase should generally be complete within 15 days and require submittal of a ‘best and final offer’ (BAFO) if requested. Debriefings will generally not be held but the government team will make notifications and give feedback if able on how to improve FOPR proposals and potentially improve the likelihood of receiving future awards. Successful awardee shall start performance as stipulated in the TO received with the award notification.

All provisions and clauses included in this solicitation and resulting IDIQ contract will apply to RFPs for DO/TO and resulting DO/TO contracts, unless otherwise noted on a DO/TO basis. Additional contract clauses may be inserted into DO/TO as applicable for the work ordered in the DO/TO. The notice for each DO/TO will provide any required "fill-ins" for provisions and clauses and other specific information/direction pertaining to the DO/TO, including, but not limited to:

(1) Magnitude of construction/estimated price range (FAR36.204).

(2) Details regarding Commencement, Prosecution, and Completion of Work (reference FAR Clause 52.211-10

(3) Construction Wage Rate Requirements

7. Proposal Costs: Costs for the preparation of task order proposals and pre-award task order activities shall be the sole responsibility of the offeror. Offerors will not be reimbursed for any task order proposal costs, site visits if ever required, negotiation attendance if ever used, or any other pre-award task order activities or expenses.

8. Cancelling FOPR: The ordering CO or CS reserves the right to withdraw or cancel the proposed FOPR package. In such event, offerors will be notified via letter or email of the ordering CO’s or CS’ decision.

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

9. Participation & ‘No-Bid’: MATOC holders are expected, in good faith, to participate in FOPR competitions.

The government’s intent is to maintain a pool of interested contractors to propose on its requirements for realty services through positive incentives and not negative consequences, and for each contractor in the pool of MATOC holders to receive a meaningful amount of work. If a contractor chooses to ‘no-bid,’ the contractor must prepare a ‘no-bid’ letter and submit it to the CO and CS. The purpose of the requested ‘no-bid’ letter is to allow the government to better prepare its FOPR requirements in a way that allows all contractors to receive meaningful work and remain engaged throughout the life of the MATOC. The government will also consistently strive to improve the process, if possible, based on contractor provided feedback, to allow proposals to be streamlined and as low a burden as possible to the contractors, while still allowing the government to ensure the task is fully understood.

‘No-Bid Letter’ Contents: 1) Contractor Name & Address, 2) FOPR Project Title, 3) Rationale for ‘no-bid’, 4) Suggestions to improve FOPR process to allow thorough competition (without steering to one contractor – recommendations cannot purposely eliminate other contractors in the MATOC pool), and 5) List of items that could have been changed in the FOPR that may have led to the contractor proposing on the project.

10. Only One Proposal Received: In the event only one proposal is received, the government may revalidate the FOPR requirement. The validation process may include exchanges with offerors to determine whether there are concerns with the requirements, this process should include review of any ‘no-bid’ letters received. Should the requirement be validated, the ordering CO/CS may reissue the FOPR package to the pool of MATOC holders. After the government revalidates the FOPR requirement and if only one proposal is still received, the government reserves the right to cancel the FOPR or award the TO to the offeror that proposed, at the government’s discretion based on the circumstances of the FOPR.

11. Unauthorized Work: The contractor is not authorized at any time to commence TO performance prior to issuance of a signed TO, or other written approval provided by the CO/CS to begin work.

12. Protest: IAW FAR 16.505(a)(10)(i) and (ii) no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; or a protest of an order valued in excess of $10 million (41 U.S.C.

4106(f)). Protests of orders in excess of the thresholds stated in FAR 16.505(a)(10)(i)(B) may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

H.2 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

DECEMBER 2015

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

http://www.cpars.gov/

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at: https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Clause)

H.3 SCHEDULE OF VALUES

(a) Definitions.

“Schedule of Values” means the clearly definable tasks, and the cost associated with each of those tasks, which comprise the total work effort required to complete a lump sum contract line item.

(B) Except for the Mobilization and Preparatory Work line item, the Contractor shall submit a Schedule of Values for review and acceptance for all lump-sum Contract Line Item Numbers listed in Section B. The Schedule of Values will be used to assess the intermediate value of work completed for the purpose of making progress payments.

(End of Clause) https://www.cpars.gov/

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

SECTION I - Contract Clauses

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

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

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

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date 52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 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 June 2020

52.203-13 Contractor Code of Business Ethics and Conduct November 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights June 2020

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

January 2017

52.204-4 Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper

May 2011

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

June 2020

52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and

Certifications December 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Entities

November 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

November 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

November 2021

52.204-27 Prohibition on a ByteDance Covered Application June 2023 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment November 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.210-1 Market Research November 2021

140R6024R0006 Document Title Mt Elbert Pump Generating Plant (MTE) Manufacturing and Rehabilitation Multiple Award IDIQ - Turbine and Generator Hydroelectric

52.211-18 Variation in Estimated Quantity April 1984 52.215-2 Audit and Records – Negotiations June 2020 52.215-8 Order of Precedence – Uniform Contract Format October 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—

Modifications June 2020

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications June 2020 52.215-17 Waiver of Facilities Capital Cost or Money October 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data – Modifications November 2021

52.219-8 Utilization of Small Business Concerns October 2022 52.219-9 Alt II Small Business Subcontracting Plan October 2022/

Nov2016 52.219-16 Liquidated Damages-Subcontracting Plan September 2021 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation May 2018

52.222-6 Construction Wage Rate Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records August 2018 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act…