Draft_140R4026B0003_R21_CL_Booster_Plant_solicitation_30Sep26_2.pdf

NGWSP Cutter Lateral

Reach 21 Booster Plant

Solicitation No. 140R4026B0003

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation

Document No.

140R4026B0003

Document Title

NGWSP Cutter Lateral Reach 21 Booster Plant

Preface This section is a synopsis of the items identified by Reclamation that have been problematic for some contractors. The items have been identified through previous real-world performance of construction with Reclamation. The following items are not all encompassing of problems that may or may not be encountered and are only meant to identify general challenges contractors may run into when contracting with Reclamation for construction work. The purpose of this document is to allow contractors to propose construction more accurately at contract inception and reduce contract interpretation disagreements after contract award. It is highly recommended the

Contractor read and become intimately familiar with both the solicitation and contract specifications and drawings prior to construction, as that can also head off potential disagreements as the work is being completed.

NOTE: The examples given within are for reference purposes only. Reclamation does not take responsibility for the application of calculations during offer creation. The Contractor is required to apply all calculations internally, and the items in this document are for awareness purposes only.

DISCLOSURE OF THE MAGNITUDE OF THE CONSTRUCTION PROJECT: The magnitude of this project is between

$10,000,000 and $25,000,000.

SUBMISSION OF BIDS:

1) If providing a bid electronically, email your submission to Philoma Singer, Contract Specialist: philoma_singer@ios.doi.gov.

2) If providing a bid via mail, use the following information:

Bureau of Reclamation

Four Corners Construction Office

Attn: Philoma Singer

1235 La Plata Highway

Farmington, NM 87401

3) If providing a bid in person, please deliver to Philoma Singer at the following address:

Bureau of Reclamation

Four Corners Construction Office

Attn: Philoma Singer

1235 La Plata Highway

Farmington, NM 87401

4) Bids must be submitted in accordance with section 13(a) of the SF-1442

5) Regardless of whether the bid is submitted electronically, via mail, or in person, it is the responsibility of the contractor to confirm their bids are received by the bid date and time stated in the solicitation.

Quality Control & Quality Assurance:

FAR Clause 52.246-12 - Inspection of Construction, requires the Contractor to establish a construction inspection system to ensure quality. Accordingly, per section 01 46 00 – Quality Procedures, a Quality Control Testing is required to evaluate results of tests when determining acceptability of work. Contractor may use the test results as part of the Quality Assurance (QA)/Quality Control (QC);

however, the tests do not relieve the Contractor of maintaining adequate quality system in accordance with the clause at FAR 52.246-12 -

Inspection of Construction.

The contractor will conduct its own Quality Assurance (QA) program, and Reclamation will only intermittently conduct its own Quality

Assurance for specification compliance only, which may include inspection and tests performed by Government staff to ensure compliance with terms of the contract. Test performed by Reclamation will be used to ensure compliance with contract requirements and are not to be a replacement for specified Contractor quality control and quality assurance testing. In the event of a discrepancy between

Contractor’s and Government’s test results if performed, Reclamation’s quality assurance test results will be compared to the contractor’s results and a determination must be made whether the item conforms to the specifications or needs to be repaired/replaced at no additional cost to the government.

Quantity Surveys:

FAR Clause 52.236-16 Quantity Surveys will be included in this contract. Many contractor personnel have had issues providing adequate survey data in accordance with the referenced clause. The contract also requires submittal of all Quantity Survey notes and computations, as well as workdays survey notes. This is important as the quantity for payment must be verified against the actual survey data. Quantity surveys and calculations, along with as-built drawings, are required to be submitted with each monthly construction progress payment for a contractor’s invoice to be considered as proper. Once construction is complete and all submittals are finalized, the balance of the lump sum price will be paid in the final invoice, quantity surveys are used to ensure the government does not unintentionally advance pay during progress payments.

The Government will have survey crews on site as part of its internal construction oversight and inspection program. However, this is not to be relied on by the Contractor as meeting the survey specifications. The Contractor is expected to provide fulltime survey support under the direction of a registered professional land surveyor licensed in the state where the work is being completed in accordance with the survey specifications (section 01 71 20 – Surveying). Historically, many contractors have missed this requirement, and it has led to payment disagreements.

Submittals:

The submittals required for Reclamation projects can be very detailed. Reclamation is a data-centric organization of engineering-minded personnel. As such, the data needs to be correct and submittals shall be thought out, in a logical format, and be thorough. A ‘shotgun-spread’ approach will not work. Meaning, if a contractor submits superfluous information and/or with no format or shown understanding of the items, it will likely lead to rejection and a required resubmittal of the items. The same is true if a contractor only submits a portion of the items required under a requirement submittal number (RSN). The Contractor is responsible for providing quality control of contractor and subcontractor submittals to ensure they contain all, but no more than, the items required by a particular RSN. Reclamation will retain many, if not all, of the records in library retention for many years. This is for awareness purposes only.

As-Built Drawings:

Section 01 78 30 of the specifications covers this in detail. Reclamation expects full compliance with keeping drawings on site as required in the specifications and final electronic as-builts in .dwg format. As noted in the specification, final As-builts are to include manufacturer/subcontractor drawings (mechanical etc.). See specifications for further information.

Environmental Compliance and Permitting:

Environmental Compliance is a very strictly enforced item. Reclamation has built a healthy and trusting relationship with the U.S.

Environmental Protection Agency (EPA), and the Army Corps of Engineers in complying with various environmental regulations, namely the Clean Water Act (CWA). Reclamation values these relationships and expects full compliance from the Contractor on all environmental items.

Many contractors unfamiliar with Reclamation run into initial issues because they: 1) do not have a dedicated environmental compliance member/team familiar with Clean Water Act (33 U.S.C. §1251 et seq. (1972)) permitting implementation experience, and specifically

Storm Water Pollution Prevention Plan (SWPPP), 2) and rely on Reclamation to point out non-compliance reactively, rather than proactively implementing and managing this aspect of the job.

Some items of small nature may be required after contract award to comply with local Right of Way (ROW) changes/requirements.

These items will be paid on a case-by-case basis on actual costs plus any reasonable overhead or profit.

Example: encountered well water, directed safety and water preservation compliance, paid back based on quantity surveys of actual qty

(not payline) for overage, directed work. Site runoff water creating a path to other natural sites off the approved right of way, etc.

Concern Example: Standing water pooled up near open manholes, Reclamation directed that the manholes be covered to prevent rainwater backfilling the pipe, per the specification requirements. Environmental personnel inspections identified multiple discrepancies with SWPPP compliance, directed fixes at no additional cost to the government. Be mindful of the requirements as they can add up if not initially planned for.

Protected Species:

The contractor may encounter protected species during the duration of the contractor’s performance. If any protected species is identified during construction, Reclamation shall be notified and construction activities will be halted until consultation with the U.S. Fish and

Wildlife Services is completed. The delays to protect endangered species shown in the proposal documents shall be included in the initial proposal. The contract may be modified for time and/or cost if protected species discoveries are encountered, and the Contractor does not have other areas where work can be shifted. Be sure to read the specifications sections. See specifications section 01 57 60 for further details. It can be expected that the construction monitors of protected species may contact the Reclamation personnel and have the

Contracting Officer (CO) direct a temporary stop-work until the discovery is mitigated or otherwise addressed and resolved.

Project Specific Areas of Concern:

There are no specific areas of concern for this project.

Schedule B CLINs 3 and 4:

The CLINs for “As-Built and Final Drawings” and “Operations and Maintenance (O&M) Manuals” include pre-priced amounts. This is done to ensure a significant amount can be retained before final invoice to ensure “As-Built Drawings and Final Drawings” and O&M

Manuals are received before final invoice is paid. The contractor may propose an alternate amount; however, it will be reviewed to ensure a meaningful amount has been proposed that allows Reclamation to guarantee the delivery of the “As-Built Drawings and Final

Drawings” and O&M Manuals required by the contract. Failure to provide acceptable As-Built and Final Drawings and O&M manuals may result in an adverse past performance rating for failing to meet the terms of the contract.

Taxes:

In accordance with FAR 52.229-3 Federal, State, and Local Taxes, the contract price offered by contractors includes all applicable

Federal, State, and local taxes. The Contractor must rely on its internal tax experts to ensure full compliance with tax laws. Be aware that both New Mexico Gross Receipts Tax (NMGRT) and Navajo Nation (NN) tax may apply to the work.

Taxes will be reimbursed on the actual tax rate at the time of each invoice period. The tax filing documents/receipts must be submitted with the invoice to be reimbursed the taxes paid. Taxes can be withheld to quarterly or longer if it is easier to process based on the business model of the contractor, but the tax forms/receipts (i.e. GRT-PV for NM or Form 600/601/604 for NN taxes – proof of payment) from either the State of New Mexico (NM) or the Navajo Nation (NN) must be submitted to be reimbursed for taxes.

Taxes must be presented/estimated in the proposal to allow for appropriate budgeting of dollars for the resultant contract. The tax rate is subject to change during multiple years of performance, which historically happens in the State of NM (e.g. awarded at 6.5% NMGRT, June of the same year rate rises to 6.875% NMGRT, the following January the tax rate drops back to 6.5% NMGRT, etc.). This is a recent change in strategy for taxes, but the idea is Reclamation will reimburse actual NMGRT and NN taxes paid during each invoice/tax period to handle fluctuations in taxes during performance with receipts/proof of payment provided with each invoice.

Site Visit:

An organized site visit is scheduled for – November 12, 2026 @ 10 AM local Mountain Time

Participants will meet at – Four Corners Construction Office, 1235 La Plata Highway, Farmington, NM 87401

Please contact Philoma Singer (philoma_singer@ios.doi.gov, 505-324-0533) to be added to the attendee list and for any additional questions information concerning the site visit.

Subcontractors:

Subcontractors cannot submit partial proposals straight to the Government. Subcontractors shall propose directly to prime contractors.

Items will not be pre-qualified during the synopsis or solicitation period. It is the prime contractor’s responsibility to confirm items meet the specifications of this requirement.

52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984:

Please carefully read this clause as this effort will potentially overlap with other Reclamation contracts.

mailto:philoma_singer@ios.doi.gov

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014:

Please carefully read this clause and ensure SF-1413s are submitted to the Contracting Officer (by email). You should cc the Contract

Specialist (CS) and Contracting Officer’s Representative (COR).

Note:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action

Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial

Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Contents

Solicitation No. 140R4026B0003

Preface

SECTION A – SF-1442

SECTION B – NGWSP Cutter Lateral Reach 21 Booster Plant

SECTION C – Statement / Description / Specification of Work

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

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

SECTION F - Deliveries or Performance

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

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPTEMBER 2000)

SECTION G - Contract Administration Data

G.1 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(FEBRUARY 2021)

G.2 WBR 1452.242-80 POST AWARD CONFERENCE - BUREAU OF RECLAMATION (MARCH 2022)

G.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS -BUREAU OF

RECLAMATION (MAY 2018)

SECTION H - Special Contract Requirements

H.1 DOI-AAAP-0050 V3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)

H.2 VARIATION IN ESTIMATED QUANTITY

H.3 AUTHORITIES AND DELEGATIONS

H.4 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

H.5 INDIAN PREFERENCE

H.6 INDIAN PREFERENCE PROGRAM

SECTION I - Contract Clauses

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

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

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (RFO Deviation) JANUARY 2026

I.4 52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

I.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (RFO DEVIATION) MAY 2026

I.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (RFO DEVIATION) SEPTEMBER 2025

I.7 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (RFO DEVIATION)

FEBRUARY 2025

I.8 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (RFO DEVIATION) MAY 2026

I.9 52.236-8 OTHER CONTRACTS (RFO DEVIATION) JANUARY 2026

I.10 52.236-21 ALT II SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (RFO DEVIATION) JANUARY 2026

I.11 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (RFO DEVIATION) MARCH 2026

I.12 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (RFO DEVIATION) MAY 2026 ... 50

I.13 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (NOVEMBER 2023)

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

I.15 WBR 1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JULY 1996)

I.16 WBR 1452.204-70 RELEASE OF CLAIMS (JULY 1996)

I.17 WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION (OCTOBER 2022)

I.18 WBR 1452.232-81 – PAYMENT FOR MOBILIZATION AND PREPARATORY WORK – BUREAU OF RECLAMATION (MARCH 2022)

I.19 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION (MARCH 2022)

I.20 WBR 1452.237-80 SECURITY REQUIREMENTS - BUREAU OF RECLAMATION (MARCH 2022)

I.21 WBR 1452.243-80 MODIFICATION PROPOSALS – BUREAU OF RECLAMATION (MARCH 2022)

SECTION J – List of Attachments and Exhibits

SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEBRUARY 1998)

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985)

K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (RFO Deviation) MAY 2026

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (RFO DEVIATON) MAY 2026

K.5 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (RFO DEVIATION) MAY 2026

K.6 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCTOBER 2025)

K.7 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (RFO DEVIATION) MAY 2026

K.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (RFO DEVIATION) JANUARY 2026

SECTION L – Instructions, Conditions and Notices to Offerors or Respondents

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

L.2 52.216-1 – TYPE OF CONTRACT (APRIL 1984)

L.3 52.228-1 BID GUARANTEE (SEPTEMBER 1996)

L.4 52.252-5 – AUTHORIZED DEVIATIONS IN PROVISIONS (NOVEMBER 2020)

L.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (MARCH 2026)

L.6 1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

L.7 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK SCHEDULE LINE ITEM - BUREAU OF

RECLAMATION (MARCH 2022)

SECTION M -- Evaluation Factors for Award

M.1 NOTICE OF BID OPENING

SECTION A – SF-1442

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140R4026B0003

Bureau of Reclamation Upper Colorado Region Regional Office 125 South State Street, Room 8100 Salt Lake City UT 84138

R40

Philoma Singer 5053245033

01/25/2027

21 392

The principal components of work for the Cutter Lateral Reach 21 Booster Plant include, but are not limited to, the following:

1. Pre-engineered concrete booster pump station, concrete foundation pad, pipe encasement, yard pipe, fencing, electrical equipment, gravel surfacing, and pipe connections.

2. Installation of secondary regulation tank at Regulation Tank No. 3 site, foundation, electrical equipment, yard pipe, and pipe connections.

3. Erosion and scour restoration/prevention: a. Includes a retaining wall, swale, runoff channel, and site regrading.

4. Reinstallation of gravel surfacing at Regulation Tank No. 3 site.

5. Supervisory Control and Data Acquisition (SCADA) equipment and radio communications system.

9 79

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140R4026B0003

LOCATION OF THE WORK:

The NGWSP Cutter Lateral Reach 21 booster plant is located approximately 26 miles South of

Bloomfield, NM off County Road 7575 near U.S.

Highway 550, at the base of Huerfano Mesa in

San Juan County, New Mexico.

00001 AUCutter Lateral Reach 21 Booster Plant - All work shall be in accordance with the attached specifications and drawings.

See Specifications (Section J Attachment 1) and

Drawings (Section J Attachments 2) for more details.

Quantity: 1

Unit of Measure: AU (Activity Unit)

Pricing Arrangement - Firm Fixed Price

See Schedule B for the Price Schedule continuation which includes all CLINs. CLIN includes all items and personnel necessary to ensure Booster Plant installation for

Reclamation. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

All invoices against this CLIN must include quantity survey data, if applicable.

Full-time safety representative and quality control representative, as well as qualified survey personnel are required.

Product/Service Code: Y1KZ

Product/Service Description: CONSTRUCTION OF

OTHER CONSERVATION AND DEVELOPMENT FACILITIES

PAGES

SECTION B – NGWSP Cutter Lateral Reach 21 Booster Plant

B.1 PRICE SCHEDULE

(a) Bids will be considered for award based on the following Price Schedule, but no bid will be considered for award on only a part of the Price Schedule.

(b) Bids are subject to the terms and conditions of this solicitation.

(c) Quantities in the Price Schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause Variation in Estimated Quantity does not apply to lump sum items.

(d) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN

1.

(e) Definitions:

(1) CLIN – Contract Line-Item Number

(f) Note: In accordance with Section 7-9-3.3 of New Mexico Statutes Annotated (NMSA) 1978 and Section

402 of Navajo Nation’s Business Activity Tax Statute, it is Contractor’s responsibility to ensure that all applicable New Mexico Gross Receipts Tax and Navajo Nation Gross Receipts Tax are included in their bid.

PRICE SCHEDULE

CLIN

Section

Supplies or Services

Quantity and Unit

Unit Price

Amount

WBR 1452.232- 81

Mobilization and Preparatory Work

For the lump sum of

01 31 30

Contract Document Management

System

01 56 15

Field Investigation for Existing Utilities

01 78 30

As-built and Final Drawings

$200,000

01 78 30

Operations and Maintenance (O&M)

Manuals

$200,000

01 80 15

Commissioning

02 41 00

Site Demolition

03 30 00

Concrete yd3

03 35 10

Concrete Floor Hardener ft2

03 48 00

Plant-Precast Concrete Structures

05 50 00

Metal Fabrications

22 11 35

Prefabricated Pump Station Design

Prefabricated Pump Station Fabrication

Prefabricated Pump Station Installation

Prefabricated Pump Station Field

Testing and Commissioning

26 05 02

Complete Electrical System

26 24 20

Control and Communication System

26 42 00

Corrosion System(s)

28 10 01

Security System

31 02 10

Water for Dust Abatement

M (1,000) gal

31 02 30

Dust Palliative acres

31 11 00

Clearing and Grubbing yd2

31 14 10

Stripping, Stockpiling and Placement

31 23 10

Common Excavation for Site and

Structures

Rock Excavation for Site and

Compacted Backfill for Site and

Processing of Site and Foundation

Materials

31 23 50

Earthwork for Roads

31 24 18

Gravel Drain Material for Water

Storage Tanks

31 32 32

Geotextile yd2

TOTAL BID PRICE $ __________________

Estimated NMGRT at 6.8125% for Price Schedule 1 (if applicable) $_________________

Estimated Navajo Nation Taxes at 6.00% for Price Schedule 1 (if applicable) $_________________

TOTAL FOR PRICE SCHEDULE 1 $_________________

OTHER RATES

The following listed items must be provided and will be retained and applied to modification actions if applicable. This method allows us to use the initial award competition as the justification of reasonable rates throughout the performance of the contract which makes handling modifications easier throughout the life of the contract. The following items will be applied for the length of the contract including all modification actions after time of award:

a. – Overhead Rate _________________

b. – Profit Rate _________________

c. – General and Administrative (G&A) Rate if applied/applicable __________________

d. – Pass-Through overhead and profit rates for subcontractors _________________

END OF SUPPLIES OR SERVICES AND PRICES/COSTS

This page intentionally left blank.

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment(s) - Specifications and Drawings

SECTION D – Packaging and Marking

There are no clauses included in this section.

SECTION E – Inspection and Acceptance

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

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

FAR Clauses - https://www.acquisition.gov/far/part-52

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996 https://www.acquisition.gov/far/part-52

SECTION F - Deliveries or Performance

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses: FAR Clauses - https://www.acquisition.gov/far/part-52

52.211-13 Time Extensions September 2000

52.242-14 Suspension of Work April 1984

F.2 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPTEMBER 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 $6,001.00 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) https://www.acquisition.gov/far/part-52

SECTION G - Contract Administration Data

G.1 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (FEBRUARY 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System

(IPP).

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

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

1 – Quantity Surveys (if applicable)

2 – Current Copy of As-Built Drawings

3 – Quantity sheets reflecting the CLIN in schedule B, percentage complete, and bold any items nearing or exceeding 100% of the CLIN amount.

4- Tax documents and receipts for payment (NMGRT or NN tax stubs/payment receipts) for reimbursement of taxes.

5 – Approved construction schedule

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

Contracting Officer: Tyler Spencer – tyler_spencer@ios.doi.gov

Contract Specialist: Philoma Singer – philoma_singer@ios.doi.gov

Procurement Technician: Joseph Murphy – joseph_murphy@ios.doi.gov

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

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government

Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis

(FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of local Clause)

G.2 WBR 1452.242-80 POST AWARD CONFERENCE - BUREAU OF RECLAMATION (MARCH

2022)

(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.

https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

(b) The conference (in-person) will be held at Four Corners Construction Office, 1235 La Plata Highway, Farmington, NM. If it cannot be held in-person for any reason, it will be held virtually using Microsoft Teams. If held virtually, each attendee shall attend using a separate computer/camera.

(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 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS -BUREAU OF RECLAMATION (MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's

Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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

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

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the

COR's authority to act on behalf of the Contracting Officer.

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

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

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

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

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

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

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

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

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

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

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

“Disputes.”

(End of clause)

SECTION H - Special Contract Requirements

H.1 DOI-AAAP-0050 V3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DECEMBER 2015)

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

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the

Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in

PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

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

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

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

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

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

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

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

https://www.cpars.gov/

H.2 VARIATION IN ESTIMATED QUANTITY

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

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

H.3 AUTHORITIES AND DELEGATIONS

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the

COR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the

Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR via electronic transmission. This can be through email, mail, or fax. If by fax please request the appropriate fax number. Email is the preferred method of delivery.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any

Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

H.4 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within 21 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work for operational use by May 22, 2028. The time stated for completion shall include final cleanup of the premises.

H.5 INDIAN PREFERENCE

(1) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(2) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(3) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity.”

(4) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(5) As used in this clause:

(a) “Indian” means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty

(30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(b) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

(c) “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(d) “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act

(85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.

(f) The Contractor agrees to include the provisions of the clause including this paragraph (f) in each subcontract awarded under this contract.

(g) In the event of noncompliance with this clause, the Contractor’s right to proceed may be terminated in whole or in part by the

Contracting Officer and the work completed in a manner determined by the Contracting Officer to be in the best interests of the

Government.

H.6 INDIAN PREFERENCE PROGRAM

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference—Department of the Interior,” the Contractor agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the work to be performed under this contract. In this connection, the

Contractor shall —

(1) Designate a liaison officer who will:

(i) Maintain liaison with the Government and Tribe(s) on Indian preference matters;

(6) Supervise compliance with the provisions of this clause; and

(7) Administer the Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employment and training incident to such employment.

(3) Not less than…