Sol_F17PS00722.pdf

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)

0040335791

FWS, DIVISION OF CONTRACTING AND GE

LAKE PLAZA NORTH

134 UNION BOULEVARD

LAKEWOOD CO 80228-1807

F06

CONTRACTING AND GENERAL SERVICES

LAKE PLAZA NORTH

134 UNION BLVD

LAKEWOOD CO 80228

Timothy Officer 303 236-4320

1x 06/12/2017

F17PS00722

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

THIS SOLICITATION IS NOT A SEALED BID ACQUISITION; SEE PROPOSAL SUBMISSION

INSTRUCTIONS PAGES 30-34.

Contractor will furnish all material, labor, equipment and supervision to

Rehabilitate Bozeman Water Clarifier System. Repairing and upgrading the system will comprise of demolishing and removing the components of the existing lamella clarifier, surface preparation of sediment basin walls and floors to be resurfaced with a protective coating, new catwalks and handrails to be added to the top of the sedimentation basins, demolition of existing piping and electrical, providing new piping and electrical, and providing a new auger screen to filter effluent leaving the sedimentation basins. The CONTRACTOR shall bypass 500 to 800 gpm of flow from the facility directly to Bridger Creek to dewater the work area, by making temporary modifications to an existing concrete drainage structure. All work will be in accordance with the attached statement of work, specifications, drawings and industry standard practice for Montana.

GENERAL INFORMATION:

Continued ...

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.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

SEE FAR 52.211-10

07/14/2017

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

FWS, DIVISION OF CONTRACTING AND GE

LAKE PLAZA NORTH

134 UNION BOULEVARD

Lakewood CO 80228-1807

F06

Jon Morse

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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F17PS00722

The magnitude of the project is $250,000.00 -

$500,000.00, with a budget toward the higher range of the magnitude. The total performance period is 90 calendar days. The NAICS code is

237110, Water and Sewer Line and Related

Structures Construction and the size standard is

$36.5 million. All questions regarding subject requirement shall be submitted in writing to the

U.S. Fish and Wildlife, attention Mr. Tim

Officer, 134 Union Blvd., Lakewood CO 80228 or fax to (303) 236-4791. E-mail questions may be sent to tim_officer@fws.gov. Please include the solicitation number, your company name, address, telephone number, and contact name and fax number on any correspondence mailed or faxed to our office.

LOCATION AND INSPECTION OF THE SITE:

The Bozeman Fish Technology Center is located at

4050 Bridger Canyon Road, Bozeman, MT 59715.

Offerors are encouraged to visit the work area in order to examine the existing site conditions.

Contact the (BFTC) maintenance manager, Jason

Ilgen (406) 994-9946 jason_ilgen@fws.gov or the

Director, Bob Muth 406-994-9902, robert_muth@fws.gov to make arrangements to visit the site.

Your attention is invited to review Federal

Acquisition Regulation (FAR) provision 52.236-3, site investigation and conditions affecting the work (Apr. 1984). Failure of the contractor to ascertain the nature, location, and conditions which affect the work will not relieve the contractor from the responsibility for successfully performing the work, without additional expense to the government.

SEE Bond and Insurance requirements pages 9 and 18

SEE Site Visit information page 29

SEE Proposal Submission Instructions page 30-34 and Proposal Evaluation page 35

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F17PS00722

Provide your proposal via email to tim_officer@fws.gov

Legacy Doc #: FWS

Delivery: 10/20/2017

Delivery Location Code: 0008350047

FWS BOZEMAN FISH TECHNOLOGY CENTER

4050 BRIDGER CANYON ROAD

BOZEMAN MT 59715-8433 US

FOB: Destination

Period of Performance: 07/17/2017 to 10/18/2017

00010 BOZEMAN WATER CLARIFIER: provide all materials, equipment, labor, and supervision for the rehabilitation of the existing effluent clarifier system. Repairing and upgrading the system will comprise of demolishing and removing the components of the existing lamella clarifier, surface preparation of sediment basin walls and floors to be resurfaced with a protective coating, new catwalks and handrails to be added to the top of the sedimentation basins, demolition of existing piping and electrical, providing new piping and electrical, and providing a new auger screen to filter effluent leaving the sedimentation basins. The CONTRACTOR shall bypass 500 to 800 gpm of flow from the facility directly to Bridger Creek to dewater the work area, by making temporary modifications to an existing concrete drainage structure. All work will be in accordance with the attached, specifications, drawings and industry standard practice for Montana.

Period of Performance: 07/19/2017 to 10/20/2017

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Document No.

F17PS00722

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

TABLE OF CONTENTS

A - Solicitation/Contract Form

B - Supplies or Services/Prices..................................................................................................................10-11

C - Description/Specifications

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

I - Contract Clauses

J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions, Conditions, and Notices to Bidders

M - Evaluation Factors for Award

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

A - Solicitation/Contract Form Pages 1-2, (See SF 1442)

52.225-9 Buy American - Construction Materials (MAY 2014)

(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 item (as defined in paragraph (1) of the definition at 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, 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) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (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 item or to the construction materials or components listed by the Government as follows:

(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 6 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.

(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 or Balance of Payments Program.

(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 Quantity Price measure (dollars)*

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

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.

(End of clause)

52.225-10 Notice of Buy American Requirement - Construction Materials (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.

(End of provision)

1452.204-70 Release of Claims (JUL 1996)

1452.215-70 Examination of Records by the Department of the Interior (APR 1984)

1452.215-71 Use and Disclosure of Proposal Information-

Department of the Interior (APR 1984)

1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996)

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$300,000 each person* $1,000,000 each occurrence* $150,000 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

*These amounts to be set by the Contracting Officer.

(End of clause)

PUB. L. 112-74 Class Deviation-Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts.

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

SECTION B

PROPOSAL SCHEDULE

Wastewater Effluent Clarifier Rehabilitation 16-013C Bozeman Fish Technology Center

Furnish all labor, materials, and equipment to complete the following work in accordance with the attached descriptions/specifications and drawings.

ITEM UNIT TOTAL

NO. DESCRIPTION QTY UNIT PRICE AMOUNT

1 Div 01-1.1 Mob/Demob $ $ $

2 Div 02-2.1-2.4 Existing Conditions

(DEMO) $ $ $

3 Div 03-3.1 & 3.2 Concrete $ $ $

4 Div 05-5.1-5.4 Metals $ $ $

5 Div 09-9.1 & 9.2 Finishes $ $ $

6 Div 11-11.1 Equipment

7 Div 26-26.1-26.5 Electrical

8 Div 31-31.1-31.4 Earthwork

9 Div 32-32.1 & 32.2 Exterior Improvements

10 Div 43-43.1-43.9 Material Handling

11 Div 11-11.1 Equipment

12 Bonding

13 General Conditions

14 Overhead & Profit $ $

TOTAL OFFER: $

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

B - Supplies or Services/Prices

SEE PAGE 2 AND PROPOSAL SCHEDULE ABOVE, PAGE 11

C - Description/Specifications

SEE SECTION J. ATTACHED SPECIFICATIONS, DRAWINGS AND SUBMITTALS

D - Packaging and Marking

RESERVED

E - Inspection and Acceptance

SEE INSPECTION OF CONSTRUCTION CLAUSE

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract 10 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 within 90 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 $209.00 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.

1452.211-71 CONTRACT WORK HOURS (NOV 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the times 07:30 AM – 04:30 PM Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

(End of Clause)

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

G - Contract Administration Data

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's 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. Additionally, prior to submission in IPP, provide a draft invoice for review by the Contracting Officers Representative and the Contracting Officer. 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; SUBMIT A PAPER COPY OF YOUR INVOICE; LINE ITEMS MUST MATCH THE CONTRACT LINE ITEMS. SUBMIT A PAPER COPY VIA EMAIL FOR REVIEW PRIOR TO THE IPP SUBMISSION.

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

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Template)

Contracting Officer (CO) responsible for this contract:

Jon Morse U.S. Fish and Wildlife Service Contracting and General Services PO Box 25486, MS 60181 Denver, CO 80225-0007

Telephone Number: 303-236-4331

The Administrative Contract Specialist for this contract is:

Tim Officer U.S. Fish & Wildlife Service (Mail Stop 60181) P.O. Box 25486, Denver Federal Center Denver, Colorado 80225

Telephone: (303)236-4320

The Contracting Officer will designate a Contracting Officer's Technical Representative (COTR). A Project Inspector may also be designated. The specific duties and responsibilities of the COTR and Project Inspector will be furnished to the contractor, with their designation letter, at time of award.

Only a duly authorized Contracting Officer may change or modify the terms of this contract. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

All correspondence and submittals pertaining to the contract MUST be addressed to the Contracting Officer.

https://www.ipp.gov/

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

H - Special Contract Requirements

1452.215-72 EXPENSES RELATED TO OFFERS (NOV 2007)

This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal, in making necessary studies or designs for the preparation thereof, or to acquire or contract for any services. Costs shall not be incurred by recipients of this solicitation in anticipation of receiving direct reimbursement from the Government. It is understood that your bid/proposal/quote will become part of the official file on this matter without obligation to the Government.

(End of Clause)

1452.231-70 TRAVEL COSTS (NOV 2007)

(a) Costs incurred by contractor personnel for travel, including costs of lodging, other subsistence, and incidental expenses, shall be considered to be reasonable and allowable only to the extent that they do not exceed the rates and amounts set forth in FAR 31.205-46. Contractor may choose to be compensated for travel by using the Government per diem rate or the actual expenses method. Payment under either method chosen cannot exceed the maximum per diem rate used for similarly situated Government employees unless the contractor receives advance approval from the Contracting Officer or his representative. (b) All travel itineraries not included in the contractor's approved cost proposal for the contract or individual task order must receive the prior written approval of the contracting officer or his representative.

1452.236-72 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (NOV 2007)

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the effected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.

Alternate 1:

Insert the following paragraph (f) if the work is being performed on tribal lands:

(f) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer, and follow with written confirmation within 2 days to the responsible tribal official and the Contracting Officer. The contact information for the tribal official may be obtained at: http://web.cast.uark.edu/other/nps/nacd.

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers 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.

(End of clause)

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

I - Contract Clauses

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights (APR 2014)

52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012)

52.204-13 System for Award Management Maintenance (OCT 2016)

(a) Definition. As used in this clause-- “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. “Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change- of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM.

Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

52.215-2 -- Audit and Records – Negotiation.

52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

DOI 52.222-8 Payrolls and Basic Records (Deviation) (AUG 2009)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

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)

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)

52.223-2 Affirmative Procurement of Bio-based Products Under

Service and Construction Contracts (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-17 Affirmative Procurement of EPA-designated

Items in Service and Construction Contracts (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance - Work on a Government Installation (JAN 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-15 Performance and Payment Bonds – Construction (OCT 2010)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt payment for construction contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - System for (JUL 2013)

Award Management

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

52.232-40 Providing Accelerated Payments to Small (DEC 2013)

Business Subcontractors

52.233-1 Disputes (MAY 2014)

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)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-14 Suspension of Work (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (MAR 2015)

52.246-12 Inspection of Construction (APR 1996)

52.246-21 Warranty of Construction (MAR 1994)

52.223-9 Estimate of Percentage of Recovered Material Content For (MAY 2008)

EPA Designated Items

52.249-2 Termination for Convenience of the Government (Fixed-Price)

- Alternate I (APR 2012)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

52.219-14 Limitations on Subcontracting (Nov 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)

EPA-Designated Items (MAY 2008)

(a) Definitions. As used in this clause- "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of "recovered material." "Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to Government Site Manager or Project Leader.

(End of clause) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/08.htm#P275_47191 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P464_78690

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

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): For FAR Clauses -http://acquisition.gov/far/index.html For DOI Clauses - www.doi.gov.pam/aindex.html

(End of clause)

52.253-1 Computer Generated Forms (JAN 1991)

1452.232-99 Providing Accelerated Payment to Small Business Subcontractors

PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

DOI TEXT MESSAGING Prohibition on Text Messaging and Using

Electronic Equipment Supplied by the Government while Driving (OCTOBER 2009)

Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (October 2009) Executive Order 13513 , Federal Leadership On Reducing Text Messaging While Driving , was signed by President Barack Obama on October 1, 2009 (Ref: http://edocket.access.gpo.gov/2009/pdf/E9- 24203.pdf). This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately bans text messaging while driving company-owned or rented vehicles, government owned or leased vehicles, or while driving privately owned vehicles while on official government business or when performing any work for or on behalf of the government.

End of Clause http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf

Document Title

BOZEMAN FTC WATER EFFLUENT CLARIFIER

J - List of Documents, Exhibits and Other Attachments

Attachment Number

Attachment Title Date Number of Pages

Cross Reference Materials

Document Version

1 Specifications 31 Mar 2017 198 N/A BASE 2 Drawings 31 Mar 2017 35 N/A BASE 3 Drawing Cover 31 Mar 2017 1 N/A BASE 4 Submittals 31 Mar 2017 1 N/A BASE 5 Wage Det.

MT170034 04/21/2017

7 N/A BASE

6 Past Perf. Quest. N/A 4 N/A BASE

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BOZEMAN FTC WATER EFFLUENT CLARIFIER

K - Representations, Certifications, and Other Statements of Bidders

52.204-8 --…