Solicitation_No._R15PS00287.pdf

U.S. Department of the Interior SPECIFICATIONS Bureau of Reclamation Technical Service Center Denver, Colorado FEBRUARY 2015

Solicitation No. R15PS00287 Specifications No. 20-C0841

Trinity Powerplant Generator Rewinds

Trinity River Division Central Valley Project - California

U.S. Department of the Interior SPECIFICATIONS Bureau of Reclamation Technical Service Center Denver, Colorado FEBRUARY 2015

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Solicitation R15PS00287 – Trinity Powerplant Generator Rewinds Spec. No. 20-C0841

TABLE OF CONTENTS

SECTION A - Solicitation, Offer and Award Form (SF 1442)

SECTION B - Pricing Schedule

SECTION C - Specifications/Appendices

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits, and Other Attachments

SECTION K - Representations, Certifications and Other Statements of Offerors

SECTION L - Instructions, Conditions and Notices to Offerors

SECTION M - Evaluation Factors for Award

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

BOR - Mid-Pacific Regional Office

Division of Acquisition Services Construction Branch, E-1815 Federal Bldg.

2800 Cottage Way, Sacramento, CA 95825-1898

Matthew Byrne 916-978-5126

R15PS00287

x 04/03/2015

R15PS00287

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

A. Title: R15PS00287 - Trinity Powerplant Generator Rewinds

B. Site Work Location: Work is located approximately 8 miles north of Lewiston, California, Trinity County, at Trinity Dam

C. Estimated Price Range: Between $10,000,000.00 to $25,000,000.00

D. Set-aside Information: This is an unrestricted requirement and all offers from responsible concerns will be considered. FAR 52.219-04 " Notice of Price Evaluation

Preference for HUBZone Small Business Concerns" applies to this requirement.

E. Site Visit Information: Site visit information is located in the solicitation in

Section L, Clause 52.236-27

F. Notice: Complete funding for this requirement is not available at this time. This solicitation includes the clause WBR 1452.232-80 "Limitation of Funds - Fixed Price

Contract - Bureau of Reclamation" and is located in Section I.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 945 calendar days and complete it within ________________ ________________ calendar days after receiving

06/02/2015

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

Bureau of Reclamation Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Joshua D. Stuart

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

R15PS00287

FOB: Destination

Section B Supplies and Services and Prices

"AU" - Activity Unit is used solely for the purposes of allowing progress payments under the

Department of Interior's Financial & Business

Management System (FBMS).

00001 R15PS00287 - Trinity Powerplant Generator Rewinds 1 AU

(Price Schedule A - Unit 1, CLINs A1 thru A14)

(Price Schedule B - Unit 2, CLINs B1 thru B12)

(Price Schedule C - Spare Parts, CLINs C1 thr C3)

See following continuation page (s)in Section B.

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

Sponsored by GSA

FAR (48 CFR) 53.110

R15PS00287 - Trinity Powerplant Generator Rewinds Specifications No. 20-C0841

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

TRINITY POWERPLANT GENERATOR REWINDS

TRINITY RIVER DIVISION

CENTRAL VALLEY PROJECT - CALIFORNIA

B.1 PRICE SCHEDULES

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

(1) Offerors shall complete Price Schedules A, B, and C. Offers for less than the total of Schedules A, B, and C will be considered nonresponsive and will not be evaluated for award.

(2) Offers will be evaluated based on the total of Price Schedules A, B, and C, along with any necessary price adjustments resulting from the evaluation of equipment efficiency and losses as described in Section M (see WBR 1452.246-80).

(3) The government will award all Schedules A, B, and C at time of award.

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

(c) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLINs A1 and B1.

(d) Definitions:

(1) CLIN – Contract Line Item Number.

PRICE SCHEDULE A – Unit 1

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

A1 WBR

1452.232

-81

Mobilization and Preparatory Work

For the lump sum of $

A2 FAR

52.246-

Extended Warranty for Armature Winding for Generator G1

For the lump sum of $

A3 01 33 26 Electrical Drawings and Data For the lump sum of $

B - 2

PRICE SCHEDULE A – Unit 1

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

A4 22 11 85 Design, Manufacture, Factory Test and Deliver New Generator Air Coolers for Generator G1

For the lump sum of $

A5 48 13 25 Furnish High Pressure Lift System for Generator G1

For the lump sum of $

A6 48 13 62 Generator Work Platform and Scaffolding

For the lump sum of $

A7 48 13 62 Remove and Dispose of Existing Stator Core and Armature Winding from Generator G1

For the lump sum of $

A8 48 13 64 Furnish and Factory Test New Stator Core for Generator G1

For the lump sum of $

A9 48 13 64 Install and Field Test New Stator Core for Generator G1

For the lump sum of $

A10 48 13 71 Furnish and Factory Test Armature Winding for Generator G1

For the lump sum of $

A11 48 13 71 Install and Field Test Armature Winding for Generator G1

For the lump sum of $

A12 48 13 73 Remove and Ship Field Pole Assemblies for Generator G1

For the lump sum of $

A13 48 13 73 Refurbish and Factory Test Field Poles and Windings for Generator G1

For the lump sum of $

A14 48 13 73 Install and Field Test Refurbished Field Poles and Windings for Generator G1

TOTAL FOR PRICE SCHEDULE A $_________________

B - 3

PRICE SCHEDULE B – Unit 2

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

B1 WBR

1452.232

-81

Mobilization and Preparatory Work

For the lump sum of $

B2 FAR

52.246-

Extended Warranty for Armature Winding for Generator G2

For the lump sum of $

B3 22 11 85 Design, Manufacture, Factory Test and Deliver New Generator Air Coolers for Generator G2

For the lump sum of $

B4 48 13 25 Furnish High Pressure Lift System for Generator G2

For the lump sum of $

B5 48 13 62 Remove and Dispose of Existing Stator Core and Armature Winding from Generator G2

For the lump sum of $

B6 48 13 64 Furnish and Factory Test New Stator Core for Generator G2

For the lump sum of $

B7 48 13 64 Install and Field Test New Stator Core for Generator G2

For the lump sum of $

B8 48 13 71 Furnish and Factory Test Armature Winding for Generator G2

For the lump sum of $

B9 48 13 71 Install and Field Test Armature Winding for Generator G2

For the lump sum of $

B10 48 13 73 Remove and Ship Field Pole Assemblies for Generator G2

For the lump sum of $

B11 48 13 73 Refurbish and Factory Test Field Poles and Windings for Generator G2

B - 4

PRICE SCHEDULE B – Unit 2

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

B12 48 13 73 Install and Field Test Refurbished Field Poles for Generator G2

TOTAL FOR PRICE SCHEDULE B $_________________

PRICE SCHEDULE C – Spare Parts

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

C1 22 11 85 Spare Generator Air Cooler For the lump sum of $

C2 48 13 64 Stator Core Spare Parts for Two Generators

For the lump sum of $

C3 48 13 71 Armature Winding Spare Parts for two Generators

TOTAL FOR PRICE SCHEDULE C $_________________

TOTAL FOR ALL SCHEDULES $_________________

B - 5

B.2 WARRANTED CHARACTERISTICS

(e) The Offeror warrants that the losses of armature winding and stator core for each generator shall not exceed the loss requirements furnished below, with rated voltage and frequency.

(f) Generator losses:

(1) Armature winding I2R losses at 13.8 kV, 60 Hz, 73,684 kVA,

0.95 power factor, at 95 degrees C, will not exceed ............................ _______kW*

(2) Open circuit stator core losses at 13.8 kV, 60 Hz will not exceed ...... ______kW**

* Offers indicating a warranted value in excess of 250 kW, will not be considered for award.

** Offers indicating a warranted value in excess of 340 kW, will not be considered for award.

(g) Failure to furnish the required values will result in an incomplete offer, which will not be considered.

(h) Offers will be evaluated in accordance with the provision at WBR 1452.246-80, Evaluation of Equipment Efficiency and Losses.

(i) The contract price may be adjusted in accordance with the clause at WBR 1452.246-81, Failure to Meet Performance Warranties.

END OF SUPPLIES OR SERVICES AND PRICES/COSTS

B - 6

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Solicitation R15PS00287 – Trinity Powerplant Generator Rewinds Specifications No. C-20841

D-1

SECTION D - PACKAGING AND MARKING

There are no clauses in this section.

E-1

SECTION E - INSPECTION AND ACCEPTANCE

Clause

Title

Date

52.246-12

Inspection of Construction

AUG 1996

F-1

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14

Suspension of Work

APR 1984

WBR 1452.219-80 DISTRIBUTION OF SUMMARY JUN 2002

SUBCONTRACTING REPORTS –

BUREAU OF RECLAMATION

(a) The original of each Standard Form 295, Summary Subcontracting Report, shall be sent to the Director, Office of Small and Disadvantaged Business Utilization, Department of the Interior, 1849 C Street NW, Washington DC 20240-0001.

(b) One copy of each report shall be furnished to the Business and Economic Development Program Manager, Acquisition and Assistance Management Services, Reclamation Service Center, PO Box 25007, 84-27800, Denver, CO 80225-0007.

(c) One copy of each report shall be furnished to the contracting officer.

(d) One copy of each report shall be furnished to the Small Business Administration (SBA) cognizant Commercial Market Representative (CMR) at the address provided by SBA. This address may be obtained by calling SBA Headquarters at (202) 205-6475.

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984

COMPLETION OF WORK

The Contractor shall be required to

(a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 945 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

FAR 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,200.00 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.

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.

G.2 WBR 1452.242-80 POSTAWARD CONFERENCE—BUREAU JUL 1993

OF RECLAMATION

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

(b) The conference will be held at the Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.

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

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

G.3 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

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

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

The COR will be named at time of award.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or

G-2 authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

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

G.4 CONTRACTOR PERFORMANCE ASSESSMENT JUL 2010

REPORTING SYSTEM

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.

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.

We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

When your Contractor Representative(S) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for

G-3

Contractor Representatives, and a practice application may be found at this site.

Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. in addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPARS within 30 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 singed nor offered comment in response to this assessment. “Your response is due within 30 calendar days after receipt of the CPARS.

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

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 Contracting Officer for instructions.

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

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

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30 day review period.

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.

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INTERNET PAYMENT PLATFORM (IPP) (APR 2013)

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

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

G-4

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

A signed electronic copy of the invoice, which includes, but is not limited to, the following items:

1. Name and address of the Contractor;

2. Invoice date and period of work;

3. Contract number;

4. Description of work;

5. Delivery and payment terms (e.g., prompt payment discount terms);

6. Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

7. Name, title, phone number, and mailing address of person to be notified in event of a defective invoice;

8. Substantiation of the amounts requested and certification in accordance with the requirements of FAR clause 52.232-5, Payments Under Fixed-Price Construction Contracts; and

9. Listing of total amount of each subcontract under the contract and amounts previously paid to each subcontractor under the contract.

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

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

H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SUBSTITUTION OF KEY PERSONNEL

a) The Contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract. No substitutions of key personnel shall be made except in accordance with this clause.

b) Guidance on Substitutions. During the first thirty (30) days of the contract performance period, no personnel substitutions by the contractor will be made unless substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (c) below.

c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting officer. All proposed substitutes must have qualifications equal to or higher than the qualification of the person being replaced. The Contracting Officer or their authorized representative will evaluate such requests and promptly notify the Contractor of the approval or disapproval thereof.

H.2 DIAPR

2000-1 – NON DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE

INTERIOR CONTRACTORS, SUBCONTRACTORS, AND LESSORS (DEC 1999)

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

H.3 ET 02-20 AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF

RECLAMATION CONTRACTORS (SEP 2002)

(a) Definitions.

IRCA - Immigration Reform and Control Act of 1986 INA - Immigration and Nationality Act INS - Immigration and Naturalization Service SSA - Social Security Administration INS SAVE Program - The INS Systematic Alien Verification for Entitlements Program ESA - Employment Standards Administration (Department of Labor)

(a) Authority. Immigration Reform and Control Act of 1986 (8 USC 1101 as amended) and the Immigration and Nationality Act, Section 274A.

(b) Who is Covered. INA includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers, including government contractors.

H-2

(c) Basic Provisions/Requirements. Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer. Detailed guidance on the I-9 is available at the INS web site:

http://uscis.gov/graphics/services/employerinfo/index.htm

(d) Employment Verification Pilot Programs. The INS and the SSA are conducting the following programs that provide employers a way to confirm the employment eligibility of their newly hired employees. Any employer located in a pilot state may volunteer to participate in a pilot program. If employers are not located in a pilot state, they would verify employment eligibility by following the procedures currently in place, i.e., by completing Form I-9.

(1) The Basic Pilot is a joint pilot being conducted by the INS and SSA in the States of California, Florida, Illinois, Nebraska, New York, and Texas. This pilot involves verification checks of the SSA and INS databases of all newly hired employees, regardless of citizenship. To receive information on the Basic Pilot program please call the INS SAVE Program toll free at 1- 888-464-4218, or fax your request for information to (202) 514-9981, or write to USINS, SAVE Program, 425 I Street, NW, ULLICO Building 4th Floor, Washington, DC 20536. You may also contact the Social Security Administration by calling (410) 966-1940, or writing to Social Security Administration, Office of Program Benefits Policy, 6401 Security Blvd., 760 Altmeyer, Baltimore, MD 21235.

(2) The INS is conducting the Citizen Attestation Pilot in the States of Arizona, Maryland, Massachusetts, Michigan, and Virginia. The Citizen Attestation Pilot permits participating employers to electronically verify the employment eligibility of newly hired alien employees by using a personal computer with a modem. To receive information on the Citizen Attestation Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981. Employers may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

(3) The INS and the SSA are conducting the Machine-Readable Document Pilot in the State of Iowa. The Machine-Readable Document Pilot is identical to the Basic Pilot in all respects, except for the geographic scope of the pilot and for one additional feature. If an employee presents an Iowa's driver's license or identification card containing a machine-readable SSN, the employer will make an inquiry through the confirmation system by using the machine-readable feature. To receive information on the Machine-Readable Document Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514- 9981. You may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

(e) Employee Rights. The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.

(f) Compliance Assistance. More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Department of Labor's Employment Standards Division, Wage and Hour Division, and the Office of Federal Contract Compliance Programs.

(g) Penalties/Sanctions. Employers who fail to complete and/or retain the I-9 forms are subject to penalties. The INS enforces the INA requirements on verification of employment eligibility. The

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Justice Department enforces the anti-discrimination provisions. As part of their ongoing enforcement efforts, the ESA's Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspections of the I-9 forms. They report their findings to the INS and to the Department of Justice when they find cases of disparate treatment or unauthorized employment. A debarring official may debar a contractor, based on a determination by the Attorney General of the United States, or designee, that the contractor is not in compliance with the INA. The Attorney General's determination is not reviewable in the debarment proceedings.

H.4 INTERMEDIATE MILESTONES AND LIMITATIONS

The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation.

Part 1: Special Instructions to Contractor – Special Limitations to the Work Period The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation and provides additional limits to the time allowed for the Offeror to perform this work.

The Power Generating Units of the Trinity Powerplant shall be available to the Offeror for the performance of work under this contract as follows:

Unit 1 Government: The Government will disassemble Unit 1 starting August 17, 2016 and complete disassembly by September 30, 2016. The Offeror may not perform construction during this period, but may conduct inspections and deliver material in accordance with the contract. Offeror’s activities shall not interfere with Government work on the unit.

Offeror: Rewind work on this unit shall only be conducted during the period from October 3, 2016 to February 28, 2017.

Government: The Government will assemble Unit 1 starting March 1, 2017 and complete assembly by April 14, 2017.

Government: The contractor shall return to the site on April 17, 2017 to balance the generator and conduct performance testing, which shall be complete by April 28, 2017.

Unit 2 Government: The Government will disassemble Unit 2 starting August 14, 2017 and complete disassembly by September 30, 2017. The Offeror may not perform construction during this period, but may conduct inspections and deliver material in accordance with the contract. Offeror’s activities shall not interfere with Government work on the unit.

Offeror: Rewind work on this unit shall only be conducted during the period from October 2, 2017 to February 28, 2018.

Government: The Government will assemble Unit 2 starting March 1, 2018 and complete assembly by April 13, 2018.

Offeror: The contractor shall return to the site on April 16, 2018 to balance the generator and conduct performance testing, which shall be complete by April 27, 2018.

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This applies only to actual physical work on the generating units and does not preclude the Offeror from preparation of submittals or prefabrication of components approved through the submittal process.

Part 2: Assessment of Intermediate Liquidated Damages The information provided below refers to the time period specified in FAR Clause 52.211-12 located in Section F of this solicitation.

Unit 1 Unit 1 shall be returned to the government for final assembly by the close of business on February 28, 2017 or the Government will assess Liquidated Damages in the amount of $3,200 per day until Unit 1 is returned to the Government for final Assembly.

Unit 2 Unit 2 shall be returned to the government for final assembly by the close of business on February 28, 2018 or the Government will assess Liquidated Damages in the amount of $3,200 per day until Unit 2 is returned to the Government for final Assembly.

Solicitation R15PS00287 – Trinity Powerplant Generator Rewinds Spec. No. C-20841

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SECTION I - CONTRACT CLAUSES

FAR 52.252-02 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):

http://farsite.hill.af.mil/ (FAR 52.XXX-XX formatted clauses)

52.202-01

Definitions NOV 2013

52.203-03

Gratuities APR 1984

52.203-05

Covenant Against Contingent Fees MAY 2014

52.203-06 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-07

Anti-Kickback Procedures MAY 2014

52.203-08

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-13

Contractor Code of Business Ethics and Conduct APR 2010

52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.204-04

Printing/Copying Double-Sided on Recycled Paper MAY 2011

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

JUL 2013

52.204-13

System for Award Management JUL 2013

52.204-14

Service Contract Reporting Requirements JAN 2014

52.209-06

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

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52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.215-02 Audit and Records - Negotiation OCT 2010

52.215-08

Order of Precedence - Uniform Contract Format OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications

AUG 2011

52.215-13 Subcontractor Cost or Pricing Data – Modifications OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

JUL 2005

52.215-21

Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications

OCT 2010

52.219-04 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2014

52.219-08

Utilization of Small Business Concerns OCT 2014

52.219-09 Small Business Subcontracting Plan – Alternate II OCT 2014

52.219-16 Liquidated Damages – Subcontracting Plan JAN 1999

52.219-28

Post-Award Small Business Program Representation JUL 2013

52.222-03

Convict Labor JUN 2003

52.222-04 Contract Work Hours and Safety Standards Act- Overtime Compensation

52.222-06

Construction Wage Rate Requirements MAY 2014

52.222-07

Withholding of Funds MAY 2014

52.222-08

Payrolls and Basic Records MAY 2014

52.222-09

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

52.222-14

Disputes Concerning Labor Standards FEB 1988

52.222-15

Certification of Eligibility MAY 2014

52.222-21

Prohibition of Segregated Facilities FEB 1999

52.222-26

Equal Opportunity MAR 2007

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52.222-27 Affirmative Action Compliance Requirements for Construction

FEB 1999

52.222-35

Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

JUL 2014

52.222-36

Affirmative Action For Workers with Disabilities JUL 2014

52.222-37

Employment Reports on Veterans JUL 2014

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50

Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification AUG 2013

52.223-03 Alt I

Hazardous Material Identification and Material Safety Data (JAN 1997) - Alternate I

JUL 1995

52.223-05

Pollution Prevention and Right-to-Know Information MAY 2011

52.223-06

Drug Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

52.225-05 Trade Agreements NOV 2013 52.225-13

Restrictions on Certain Foreign Purchases JUN 2008

52.227-01

Authorization and Consent DEC 2007

52.227-02

Notice And Assistance Regarding Patent And Copy Infringement

DEC 2007

52.227-04 Patent Indemnity – Construction Contracts DEC 2007 52.228-02 Additional Bond Security OCT 1997

52.228-05 Insurance - Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds - Construction OCT 2010 52.229-03

Federal, State And Local Taxes FEB 2013

52.232-05 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 Award Management

JUL 2013

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52.232-39

Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Deviation)

DEC 2013

52.233-01 Alt I

Disputes - Alternate I (DEC 1991) MAY 2014

52.233-03

Protest After Award AUG 1996

52.233-04

Applicable Law For Breach Of Contract Claim OCT 2004

52.236-02

Differing Site Conditions APR 1984

52.236-03

Site Investigation and Conditions Affecting the Work APR 1984

52.236-05

Material and Workmanship APR 1984

52.236-06

Superintendence by the Contractor APR 1984

52.236-07

Permits and Responsibilities NOV 1991

52.236-09

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 Alt I

Accident Prevention (NOV 1991) – Alternate I NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984

52.236-21 Alt I Specifications and Drawings for Construction (FEB 1997) – Alternate I

FEB 1997

52.236-26 Preconstruction Conference FEB 1995 52.242-13

Bankruptcy JUL 1995

52.243-04

Changes JUN 2007

52.245-01 Government Property – Alternate I APR 2012 52.245-09 Use and Charges APR 2012 52.248-03

Value Engineering – Construction OCT 2010

52.249-02 Alt I

Termination for Convenience of the Government (Fixed-Price) (SEP 1996) – Alternate I

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-01 Computer Generated Forms JAN 1991

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DIAR 1452.203-70 RESTRICTIONS ON ENDORSEMENTS-DEPARTMENT JUL 1996

OF THE INTERIOR

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

DIAR 1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF JUL 1996

THE INTERIOR

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

DIAR 1452.215-70 EXAMINATION OF RECORDS BY DEPARTMENT APR 1984

OF THE INTERIOR

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

DIAR 1452.228-70 LIABILITY INSURANCE - DEPARTMENT JUL 1996

OF THE INTERIOR

(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:

$100,000 each person $500,000 each occurrence $ 20,000 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

I-6 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.

DIAR 1452.237-70 INFORMATION COLLECTION – DEPARTMENT JUL 1996

OF THE INTERIOR

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall --

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

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FAR 52.222-55 MINIMUM WAGE UNDER EXECUTIVE ORDER 13658 DEC 2014

Minimum Wages Under Executive Order 13658 (Dec 2014)

(a) Definitions. As used in this clause-- “United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C.

chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV),

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O.

minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination.