C05_03_14R2020B0004_-_FINAL_28_June_2022.pdf

Solicitation No.140R2022B0004

Trinity Dam Hemispherical Bulkhead Refurbishment

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,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Abelardo Lopez 916-978-5398 x

06/28/2022

140R2022B0004

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

A. Trinity Dam Hemispherical Bulkhead Refurbishment

B. Work Site Location: Work is located at Trinity Dam approximately 8 miles North of

Lewiston, California, in Trinity County.

C. Magnitude of Construction is between $1,000,000 and $5,000,000.

D. Set-aside Information: This requirement is being procured as a total small business set-aside. NAICS Code: 237990 (Size Standard $39.5 Million)

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 365 calendar days and complete it within ________________ ________________ calendar days after receiving

07/30/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Abelardo Lopez

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R2022B0004

Delivery: 365 Days After Notice to Proceed

00010 Trinity Dam Hemispherical Bulkhead Refurbishment 1 AU

Pricing Schedule:

CLIN 0010, 0020, 0030, 0040, 0050, 0060, 0070,

0080, and 0090

See following continuation page (s) for pricing breakout.

Anticipated Award Type: Firm-fixed-price

Product/Service Code: Z1KA

Product/Service Description: MAINTENANCE OF DAMS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Trinity Dam Solicitation No. 140R2022B0004 Spherical Intake Bulkhead Rehabilitation Trinity River Division, Central Valley Project, California

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Trinity Dam Hemispherical Bulkhead Refurbishment

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 01 31 30 Contract Document Management System

For the lump sum of $

0030 02 25 00 Examine Concrete Conduit For lump sum price of $

0040 35 23 23 Remove and Transport Bulkhead Assembly and Cover Sections

For lump sum price of

0050 35 23 23 Refurbish Bulkhead Assembly and Cover Sections

For lump sum price of

0060 35 23 24 Transport and Install Bulkhead Assembly and Cover Sections

For lump sum price of

0070 35 23 24 Seat Refurbished Bulkhead Assembly

For lump sum price of

0080 35 23 24 Unseat and Store Bulkhead Assembly

For lump sum price of

0090 35 23 24 Transport and Dispose of Temporary Covers

For lump sum price of

TOTAL FOR PRICE SCHEDULE $ ______________

Trinity Dam Solicitation No. 140R2022B0004

Trinity River Division, Central Valley Project, California

Price Schedule

B - 2

END OF SUPPLIES OR SERVICES AND PRICES

Trinity Dam

Trinity River Division, Central Valley Project, California Solicitation No.140R2022B0004

Summary of Work C - 1

SECTION C - Statement of Work

See Attachment 4 – 01 11 00 Summary of Work

END OF SECTION

Solicitation No. 140R2022B0004 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 365 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 52.211-10 Alternate I APR 1984

Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 7 calendar days after the notice to proceed. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer

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 $3,200 for each calendar day of delay until the work is completed or accepted.

F-2

(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.

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 JUL 1993

OF RECLAMATION

(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 by conference call.

(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.

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;

(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

G-2 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.

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.

G-3

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.

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. 140R2021R0004 – BF SISK Safety of Dams (SOD) Modifications System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

G-4

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 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

G-5 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)

(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

I-3

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

I-4

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

Solicitation No. 140R2022R0013

I-5

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.

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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 , the domestic content test is applied only to the iron and steel content of the construction materials , excluding COTS fasteners. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract , except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

none__________________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials ;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material .

However, when the basis for the exception is the unreasonable price of a domestic construction material , adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data . To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response;

if oral, attach summary.] [Include other applicable supporting information .]

FAR 52.252-6 AUTHORIZED DEVIATIONS IN NOV 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior or Bureau of Reclamation (48 CFR Chapter 5) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

WBR 1452.201-80 CONTRACTING OFFICER’S MAY 2018

REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS – BUREAU OF RECLAMATION

(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:

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(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.

(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.”

WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION- JUL 1997

BUREAU OF RECLAMATION

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting Officer.

The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the

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(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

WBR 1452.232-80 LIMITATION OF FUNDS -- BUREAU OF RECLAMATION (MAR 2022)

(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for this contract will be made available in accordance with this clause.