C05_03__140R2023R0006_Solicitation_FINAL.pdf
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- Aquaculture Raw Water Purification System Rehab.
- Solicitation number
- 140R2023R0006
About this file
This solicitation requests proposals for an Aquaculture Raw Water Purification System Rehabilitation project. The scope of work includes engineering expertise, project management, removal of obsolete equipment, installation of new mechanical filtration and ultraviolet water treatment systems, integration of controls, and related commissioning activities. The work site is located at the Tracy Aquaculture Facility in California. The solicitation is set aside for small businesses and has an estimated value between $100,000 and $250,000. Proposals are due by March 20th, 2023. The selected contractor must complete the project within 120 calendar days of notice to proceed.
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Solicitation No.140R2023R0006
Aquaculture Raw Water Purification System Rehabilitation
Northern California Area Office (NCAO)
TABLE OF CONTENTS
SECTION A - Solicitation, Offer and Award Form (SF 1442)
SECTION B - Pricing Schedule
SECTION C - Statement of Work
SECTION D - Packaging and Marking
SECTION E - Inspection and Acceptance
SECTION F - Deliveries or Performance
SECTION G - Contract Administration Data
SECTION H - Special Contract Requirements
SECTION I - Contract Clauses
SECTION J - List of Documents, Exhibits, and Other Attachments
SECTION K - Representations, Certifications and Other Statements of Offerors
SECTION L - Instructions, Conditions and Notices to Offerors
SECTION M - Evaluation Factors for Award
SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES
ANDAWARD 140R2023R0006 iKISEALED BID (IFB)
I(Construction, Alteration, or Repair) □ NEGOTIATED (RFP) 02/16/2023 1 3
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
0040603351
?. ISSUED BY 8. ADDRESS OFFER TOCODE IR20
Bureau of Reclamation �-------------Bureau of Reclamation - Interior Region 10 Mid-Pacific Region 2800 Cottage Way, Rm. E-1815 Regional Office Sacramento, CA 95825 Division of Acquisition Services sgjohnson@usbr.gov/ aclopez@usbr.gov 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898
9. FOR ►
l
a. NAME
INFORMATION
. C s d CALL: y ney Johnson
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
lb. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
19169785656
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
A. Aquaculture Raw Water Purification System Rehabilitation B. Work Site Location: Work is located at the Tracy Aquaculture Facility of the Tracy Fish Collecting Facility, 6525 Lindemann Road, Byron, California 94514 on the border of Alameda county.
C. Magnitude of Construction is between $100,000 and $250,000.
D. Set-aside Information: This requirement is being procured as a total small business set-aside. NAICS Code: 237110 (Size Standard $45 Million)
11. The Contractor shall begin perfom1ance 7 calendar days and complete it within 120
□ award, !Kl notice to proceed. The perfom1ance period is !Kl mandatory D negotiable. (See
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(ff "YES� indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
!filYES □NO calendar days after receiving
12b. CALENDAR DAYS
a. Sealed offers in original and 1 copies to perfom1 the work required are due at the place specified in Item 8 by 0900 (hour) local time 03/20/2023 (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 offerer's name and address, the solicitation number, and the date and time offers are due .
b. An offer guarantee [fil 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 60
NSN 7540-01-155-3212
calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1 (d)
Tracy Aquaculture Facility Solicitation No. 140R2023R0006 Aquaculture Raw Water Purification System Rehabilitation
Price Schedule
B - 1
CONTINUATION OF
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 PRICE SCHEDULES
(a) 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.
(b) Offers are subject to the terms and conditions of this solicitation.
(c) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 0010.
B.2 DEFINITIONS
(a) CLIN – Contract Line Item Number.
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
0010 WBR
1452.232-81
Mobilization & Preparation
For the lump sum of $
0020 4.0 Base Item 0001: Raw Water Purification System Rehabilitation
For the lump sum of $
0030 4.0 Additive Item 0001: Remote Automation Integration
For lump sum price of $
TOTAL FOR PRICE SCHEDULE $ ______________
END OF SUPPLIES OR SERVICES AND PRICES
Tracy Aquaculture Facility
Summary of Work C - 1
SECTION C - Statement of Work
Tracy Fish Collecting Facility
January 2023
1 BACKGROUND
The Tracy Aquaculture Facility requires disinfected1 water to conduct aquatic research. The location of the facility is at a crossroads exposed to high operational traffic during certain seasons. Over the years, existing systems have been cobbled together without an overarching plan. The identified method of treatment is ultraviolet radiation to destroy pathogens in water drawn from the Old River of the Sacramento-San Joaquin Delta. For ultraviolet treatment to be effective, water turbidity is to be reduced. As technological solutions evolve, obsolete components are removed and replaced with modern systems. Records may be incomplete and require additional field investigation to modernize water treatment documentation.
2 SCOPE
Disconnection and disposal of obsolete water purification components, system reconfiguration, replacement of existing raw water treatment components including electrical and control features, application of technical expertise, updates of as-built documentation, operations manuals, providing of labor, tools, equipment, materials, installation of ultraviolet water treatment apparatus, mechanical filtration, monitoring system, installation of government furnished doorframes with locks, and reconfiguration of an existing gravity fed protein fractionator to eliminate pathogens and contaminants in raw Delta water for the Tracy Aquaculture Facility.
3 OBJECTIVES
• Water free of pathogens and useful to aquaculture and finfish aquatic research2
• Installation of multistage mechanical filtration and ultraviolet water treatment apparatus
• Flow output between 20 and 100 gallons per minute
• Retain capability for system water to cycle via bypass return or switch to treatment pipeline
• Integrate protein fractionator and mechanical filtration into cycled water treatment
• Integrated water flow controls
• Removal of obsolete ozone apparatus, control systems, sand filtration, and extraneous tanks
• Reduce raw water turbidity and enable ultraviolet disinfection
• Minimal impacts to regular facility operations during installation
4 TASKS
Base Item 0001: Raw Water Purification System Rehabilitation General Requirements – Provide engineering expertise, project management and coordination, and system commissioning. Work must be performed by qualified personnel. All upgrades and replacements to be contained within existing boundaries.
1 Ultraviolet sterilized 2 System components must be free of heavy metals to avoid animal exposure to chromium, cadmium, copper, lead, nickel, arsenic, mercury, or zinc.
C - 2
Selective Plumbing and Electrical Demolition – Disconnect and dispose of existing ozone treatment system and remove entirely. Disconnect and dispose of old sand filter system entirely. Remove extraneous water tanks. Completely remove obsolete service lines, mounting brackets, and ground anchors. Patch and seal old wall penetrations. Provide materials and perform common metal, wood, plastics, and composites work.
Openings – Provide framing rough-in and door installation. Hollow metal doors and frame are government furnished. Install dead locks provided by the government.
Water Treatment – Prior to ultraviolet treatment, water is to be within the range of 0.2 – 1.0 NTU (nephelometric turbidity unit) for 90% of Old River conditions. Provide and install Aqua Logic ALSV- 5DX (or equivalent) ultraviolet treatment unit apparatus Provide and install Arias 8000 (or equivalent) mechanical filtration. Flow throughput to be established by the contractor must be between 20 and 100 gallons per minute. Provide and install a multi-series duplex filtration system with or without sedimentation removal capable of providing 24,000 gallons of treated water between maintenance cycles. Provide and install necessary booster pump(s). Integrate the existing gravity fed protein fractionator into the water treatment system.
Plumbing – Provide and install water utility distribution piping, valves, fittings, et cetera. Pipes and fittings composed of copper must not be used. Pipes and fittings must be resistant to corrosion due to water salinity. Install valves to bypass water treatment, return cycled system water, drain, or flush system components for maintenance and purging. Install and connect booster pump(s) as needed.
Provide spigots for water sample draws for each stage of water treatment. Provide anchoring for system components.
Integrated Automation – Provide and install control, instrumentation, and monitoring system(s) for the complete water treatment system. Control to allow variable flow control of water, electrical disconnect, et cetera. Differential pressure transmitter and switch shall be included. Additional instrumentation and monitoring to include system status, water temperature, water pressures, turbidity, time duration indicators, flow rate, water content for compounds such as ammonia, nitrate, nitrite, pH, water hardness, et cetera. Auditory and visual alerts shall be programable into the monitoring system to warn operators of dangerous conditions and inadequate water quality. Coordinate control, instrumentation, and monitoring with the Control and Instrumentation Mechanic through the Project Engineer.
Electrical – Install new power supplies to new equipment; dedicate circuits according to manufacturer instructions. Install all necessary conduit, conductors, junction boxes, connectors, fittings, et cetera for new equipment. Install new disconnects. Any exterior components to be weathertight. All penetrations through fire walls will be caulked and sealed as required. Provide materials and perform common electrical work, new electrical panel installation, surface mounted waterproof and weather resistant conduits, bus ducts, fittings, switches, boards, grounding, fault interrupters, et cetera according to applicable codes. Seal new wall penetrations, perform common metal, wood, plastics, and composites work. Provide materials and perform common work for finishes.
Commissioning – Submit test plan prior to scheduling a test date. Submit final test plan with actual test data upon completion of start-up. Final testing and commissioning reports to be provided with
C - 3 complete O&M manuals for the installation, to include startup, shutdown, and maintenance procedures, recommended spare parts, preventive maintenance schedules and checklists, electrical and control schematics; incorporate government furnished protein fractionator and install government furnished doors and locks. Laminate control schematics and post on wall for operator use. Submit warranty data with O&M manuals.
Drawings – Provide final as-built drawings of the water treatment, control, mechanical and electrical systems.
Option Item 0001: Remote Automation Integration
Provide a water treatment control system controlled remotely by operators at the biology building or Tracy administrative control room.
5 DRAWINGS AND DIAGRAMS
• Location Diagram
• Water Treatment Conceptual Diagram
• 214-208-12552 Tracy Fish Collecting Facilities Aqua Culture Building Panels Schematic
• 863-227-60000 Plumbing Schematics Plumbing from Canal to TAF Building
• 863-227-60001 Piping Schematic Plumbing from Canal to TAF Building
• Door hardware data
6 SPECIFICATIONS
All specifications under current agreement(s) apply to work performed. For Unified Facilities Guide Specifications, refer to the Federal Facility Criteria of the Whole Building Design Guide:
https://www.wbdg.org/ffc/federal-facility-criteria
Refer to Water quality – Determination of turbidity ISO 7027-1:2016 Part 1: Quantitative methods and ISO 7027-2:2019 Part 2: Semi-quantitative methods for the assessment of transparency of waters.
Aquaculture water quality must be able to meet the Green status criteria found on the attached FCCL Water Quality Guidelines and attached Table 2.2 Water Quality Criteria for Aquaculture.
7 DELIVERY
Deliverable Due Government Review Period Submittal Register NTP + 15 days 7 days Milestone Schedule NTP + 15 days 7 days Equipment Data Prior to installation 15 days Testing Plan Prior to final inspection 15 days System Commissioning Final inspection 15 days Control System Final inspection 15 days O&M Data, Manuals & Warranties Final inspection 15 days As-built drawings Final inspection + 30 days 15 days
C - 4
Submit items to the Project Engineer. Use of engineer transmittal Form 4025-R or other record is advised. This task order is substantially complete when ultraviolet treatment is successfully operational and biological pathogens are effectively eliminated, subject to acceptance from the Supervisory Fish Biologist.
8 GOVERNMENT-FURNISHED EQUIPMENT
Steelcraft® Falcon Doors P/N 33032 are provided by the government for installation. The existing protein fractionator shall be incorporated into the final water treatment system. Existing components shall be re-used to the greatest extent possible.
Subject to availability, the government shall make available reasonable amounts of electrical power, water, and sanitation facilities of existing infrastructure. Consult with the Operations Supervisor if a staging area is requested. Contractors are responsible for own property.
9 PHASING, RESTRICTIONS, SAFETY, AND SECURITY
Government operations of facilities is anticipated while the work under this contract is being performed. A pre-construction meeting is required. The contractor shall coordinate with the operators and researchers of the Tracy Fish Collecting Facility on access, escort, clearance, utility outages, and any other necessary requirements. Contractor and all associated sub-contractor employees are subject to adjudication standards and procedures using the National Crime Information Center (NCIC) and Terrorist Screening Database (TSDB), facility access and local security policies and procedures.
Weekly construction coordination meetings shall be held to discuss plans and activities for the following week.
Notify the Project Engineer of any deviations or variations from the applicable specification, drawing, approved submittal, or this statement of work. Notify the Project Engineer two weeks prior to any tests, unless coordinated at a construction meeting. Submit for approval an advance copy of test forms. Final test reports shall be submitted per specifications and this statement of work. Test reports shall be included with the final operations and maintenance manuals.
Any blockage of building exits or driveways must be coordinated in advance. The contractor will provide appropriate barriers to isolate the immediate work area to prevent occupants from entering the area. Contractor is responsible for daily cleanup of work areas.
Contractor and subcontractor employees shall observe and comply with all local, state, and federal laws, rules and regulations while performing work, specifically including those concerning fire, safety, sanitation, security, vehicle operations, and hazardous material handling.
All demolished and removed items including hazardous and regulated waste material shall become the property of the contractor and must be disposed accordingly. No hazardous, toxic, or regulated waste is anticipated to be found during this project. Stop work and notify the Project Engineer if any hazardous, toxic, or regulated material is discovered. Work cannot be restarted in the affected areas until approval is given by the government. All hazardous, toxic, or regulated waste shall be handled and manifested by the contractor. The contractor shall be responsible for the packaging of waste and ensuring proper disposal according to all applicable environmental laws and regulations.
C - 5
All construction will meet or exceed applicable industry standards. The contractor will be responsible for obtaining any permits, approvals or licenses required to perform work.
A “Hot Work” permit is required to be obtained from the Operations Supervisor. “Hot Work” is defined as work that which uses or produces an open flame or sparks such as cutting, welding, grinding, heating hot tar, or any other means that could be a fire hazard. Permits may be extended for longer periods of time with approval from the Operations Supervisor.
The current edition of the Reclamation Safety and Health Standards shall be considered part of this task order. Standards can be found here: https://www.usbr.gov/safety/rshs/index.html
10 PLACE OF PERFORMANCE
All work to be accomplished is located at the Tracy Aquaculture Facility of the Tracy Fish Collecting Facility, 6525 Lindemann Road, Byron, California 94514 on the border of Alameda county.
11 PERIOD OF PERFORMANCE
The work duration for this task order shall be 120 calendar days from the Notice-to-Proceed (NTP).
The contractor shall commence work within fifteen (15) calendar days after the date of receipt of the NTP, prosecute the work diligently, complete all work of this statement of work, and make ready for use no later than 120 calendar days after the date of receipt by the contractor of the NTP. The time stated for completion shall include final cleanup of the premises.
12 POINTS OF CONTACT
Role Name Email Phone Project Engineer Brandon Miller bsmiller@usbr.gov (209) 836-6238 Operations Supervisor Bradley Kaufman bkaufman@usbr.gov (209) 278-5641 Facility Maintenance Terry Bartlett tbartlett@usbr.gov (916) 398-1283 Control & Instrumentation Tom Moser tmoser@usbr.gov (209) 836-6253 Fish Biologist Brandon Wu bwu@usbr.gov (209) 836-6223 Supervisory Fish Biologist Rene Reyes rreyes@usbr.gov (209) 601-5821
13 ATTACHMENTS
Location diagram Water treatment conceptual diagram FCCL Water Quality Guidelines Table 2.2 Water Quality Criteria for Aquaculture.
214-208-12552 schematic diagram 863-227-60000 plumbing schematics 863-227-60001 piping schematic Door hardware
END OF SECTION
Solicitation No. 140R2023R0006 j
D-1
SECTION D - PACKAGING AND MARKING
There are no clauses in this section.
E-1
SECTION E - INSPECTION AND ACCEPTANCE
Clause
Title
Date
52.246-12
Inspection of Construction
AUG 1996
F-1
SECTION F - DELIVERIES OR PERFORMANCE
Clause
Title
Date
52.242-14
Suspension of Work
APR 1984
FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984
COMPLETION OF WORK
The Contractor shall be required to
(a) commence work under this contract within 7 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 120 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
FAR 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 $1000.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
G-1
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 This contract shall be administered by the California Great Basin Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.
G.2 WBR 1452.242-80 POSTAWARD CONFERENCE—BUREAU MAR 2022
OF RECLAMATION
(a) Prior to the contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.
(b) The conference will be conducted via Microsoft Teams invite. The conference scheduling information will be provided at award distribution.
(c) The contracting officer and the contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.
(d) The contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.
G.3 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
The COR will be named at time of award.
(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;
G-2
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the
COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
G.4 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT
REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) APR 2013
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is:
https://www.ipp.gov.
“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone
(866) 973-3131.
No attachments are required to be uploaded to IPP.gov.
G-3
Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so, may cause a delay in approval and/or rejection of submitted invoices.
Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit requests for payments (invoices) by following the instructions as described below:
1. To ensure timely processing of invoices under the contract/agreement, the contractor must submit all invoices to the following e-mail address:
sha-mpr-acqconbrinv@usbr.gov
2. A proper invoice shall be submitted by email concurrent with submission to IPP and shall include the information as required by the payment terms and conditions contained in this contract.
3. The subject line of the email shall be formatted to read as follows:
Contract Number_Invoice Number_Contracting Officer’s last name Example: 140R2018R0001_Invoice No. 1_Smith
4. The Invoice shall be attached to the email and named using the following format:
Contract Number_Contractor Name-Invoice Number-Invoice Amount (example: 140R2018R0001_World Test, Inc.-Inv No. 1-$5,678.00
5. Invoices shall not include information that would compromise Personally Identifiable
Information, such as full social security numbers, dates of birth, etc.
6. The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G.5 DOI AAAP-0050 NOTICE TO CONTRACTORS DEC 2015
CONTRACTOR PERFORMANCE
ASSESSMENT REPORTING SYSTEM
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.
G-4
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 Solicitation No. 140R2023R0006 – Tracy Aquaculture Facility Aquaculture Raw Water Purification System Rehabilitation (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/.
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
G-5 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 Local Clause)
H-1
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 - INTERMEDIATE MILESTONES AND LIMITATIONS
A) The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation.
a) The contractor shall complete all work in accordance with Section F and in accordance with Section C – Statement of Work.
I-1
SECTION I - CONTRACT CLAUSES
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far (FAR 52.XXX-XX formatted clauses)
FAR Clauses Title Date
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
MAY 2014
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transaction
SEP 2007
52.203-12 Limitation on Payments to Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printing/Copying Double-Sided on Recycled Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management OCT 2018
52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications
DEC 2014
I-2
52.204-22 Alternative Line-Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
NOV 2015
52.214-29 Order of Precedence – Sealed Bidding JAN 1986
52.215-2 Audit and Records - Negotiation OCT 2010
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-6 Notice of Total Small Business Set-Aside NOV 2020
52.219-28 Post-Award Small Business Program Representation SEP 2021
52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act-
Overtime Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements AUG 2018
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records AUG 2018
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
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52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination – Debarment MAY 2014
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-21 Prohibition of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-27 Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-35 Equal Opportunity for Veterans
JUN 2020
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUN 2020
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages Under Executive Order 14026 JAN 2022
52.223-6 Drug Free Workplace MAY 2001
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.227-1 Authorization and Consent JUN 2020
52.227-2 Notice And Assistance Regarding Patent And Copy Infringement
JUN 2020
52.228-2 Additional Bond Security OCT 1997
52.228-11 Pledges of Assets FEB 2021
52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014
52.228-14 Irrevocable Letter of Credit NOV 2014
52.228-15 Performance and Payment Bonds - Construction JUN 2020
52.229-3 Federal, State And Local Taxes FEB 2013
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52.232-5 Payments under Fixed-Price Construction Contracts MAY
52.232-17 Interest MAY
52.232-23 Assignment Of Claims MAY
52.232-27 Prompt Payment for Construction Contracts JAN 2017
52.232-33 Payment by Electronic Funds Transfer – System for Award Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Alt I Disputes - Alternate I MAY
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law For Breach Of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991 52.236-15 Construction Schedules for Construction Contracts APR 1984
52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.246-21 Warranty of Construction MAR
52.248-3 Value Engineering – Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) – Alternate I
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984
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FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING SEP 2021
(DEVIATION SEP 2021)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award
(e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System
(NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and
16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in
19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:
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(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities.
Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(i) The following services may be excluded from the 50 percent limitation:
(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.
(B) Work performed outside the United States on awards made pursuant to the Foreign
Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than
50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.
Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.
(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –
__ By the end of the base term of the contract and then by the end of each subsequent option period; or _X_ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(End of clause)
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FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS OCT 2021
FOR FEDERAL CONTRACTORS (DEVIATION)
(a) Definition. As used in this clause –
United States or its outlying areas means—
(1) The fifty States;
(2) The District of Columbia;
(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;
(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and
(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.
FAR 52.225-9 BUY AMERICAN— CONSTRUCTION MATERIALS NOV 2021
(a) Definitions . As used in this clause— Commercially available off-the-shelf (COTS) item —
(1) Means any item of supply (including construction material ) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product ” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products .
"Construction material " means an article, material , or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work . The term also includes an item brought to the site preassembled from articles, materials , or supplies .
However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies , I-8 not construction material .
Cost of components means —
(1) For components purchased by the Contractor , the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor , all costs associated with the manufacture of the component , including transportation costs as described in paragraph (1) of this definition , plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material .
Domestic construction material means—
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both -
(i) An unmanufactured construction material mined or produced in the United States ; or
(ii) A construction material manufactured in the United States , if–
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.
Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both , a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material . The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components ".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material .
Foreign iron and steel means iron or steel products not produced in the United States . Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States , from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States " means the 50 States, the District of Columbia, and outlying areas .
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(b) Domestic preference.
(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material . In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both ,…
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