R15_306_Solicitation.pdf

Solicitation No. R15PS00306 Contract No.

Total Small Business Set-Aside

Main Outlet Drain - Install Bypass and Replace Siphon Headwalls at Avenue 7E

U.S. Department of the Interior Bureau of Reclamation 2015 Lower Colorado Region Yuma Area Office Yuma, AZ

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Document No.

R15PS00306

Document Title Main Outlet Drain - Install Bypass and Replace Siphon Headwalls at Avenue 7E

FOREWORD

The Bureau of Reclamation, Lower Colorado Region, Yuma Area Office (YAO) is responsible for maintaining the Main Outlet Drain, also known as the Salinity Canal. The canal was constructed in the early 1970’s. The high salt content of the water has deteriorated many features of the canal. This project will replace the headwalls of the canal siphon crossing under Yuma County Highway Avenue 7E. The canal is required to remain in operation during the headwall replacement. The project will also require a canal bypass to be constructed around the construction of two 60” concrete pipes installed approximately 18’under the roadway and under a 6” jet fuel line (line under roadway is to remain in place after construction). Traffic control will be required to detour the traffic during construction when necessary.

A Prebid Conference will be held on June 9, 2015, for work to be performed for the Main Outlet Drain - Install Bypass and Replace Siphon Headwalls at Avenue 7E. All Prebid Conference attendees will meet at the Bureau of Reclamation, Yuma Area Office, 7301 Calle Agua Salada, Yuma, AZ 85364 at 9:00am, local time and will then drive to the project site located in Yuma County Arizona, from US Highway 95 take Avenue 7E north 1.5 miles to the work site where the Main Outlet Drain crosses Avenue 7E. The Prebid Conference will include a job walk to view the work site. Prospective bidders desiring to attend the Prebid Conference/Site Visit should contact Ms. Jacqueline Carrera, Yuma Area Office, Yuma, Arizona, Telephone No. 928-343- 8217, Fax No. 928-343-8568 or e-mail jcarrera@usbr.gov. Attendees are to provide and wear safety boots and hard hats.

It is strongly recommended that all prospective bidders make a Site Visit to examine the location and limitations to the work. Conditions at the work site will affect the contractor’s operations.

FOR DATE, TIME AND PLACE OF BID OPENING, SEE "SOLICITATION, OFFER, AND

AWARD," STANDARD FORM 1442, IMMEDIATELY FOLLOWING THE "TABLE OF

CONTENTS."

THIS ACQUISITION IS BEING PROCURED UNDER FEDERAL ACQUISITION

REGULATIONS PART 15, CONTRACTING BY NEGOTIATION.

NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE INTERIOR

CONTRACTORS, SUBCONTRACTORS, AND LESSORS – BUREAU OF RECLAMATION--

LOWER COLORADO REGION

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.

For information regarding Bureau of Reclamation’s Publications Entitled “Reclamation Safety and Health Standards” (2009 Edition), which is applicable to work under this contract, see clause WBR 1452.223-81 (Safety and Health) located in Section I of the solicitation. The electronic version of the publication can be found at http://www.usbr.gov/ssle/safety/RSHS/rshs.html mailto:jcarrera@usbr.gov http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Document Title

Offerors are required to have a current registration in the System for Award Management (SAM) to be eligible for contract award. Offerors may register in SAM at http://www.sam.gov. SAM is a new system combining federal procurement systems into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems: Central Contractor Registration (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application (OR CA) and Excluded Parties List System (EPLS).

TOC Document No.

Document Title i

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS i-ii

SECTION A – Solicitation, Offer and Award (SF-1442) A-1

SECTION B – Supplies or Services and Prices/Costs) B.1 The Requirements – Negotiation B-1 B.2 Price Proposal Breakdown B-3

SECTION C – Descriptions and Specifications C.1 Statement of Work/Specifications/Work/ Statement C-1

SECTION D – Packaging and Marking (There are no clauses in this section) D-1

SECTION E – Inspection and Acceptance E.1 Clauses By Reference E-1

SECTION F – Deliveries or Performance F-1 F.1 Clauses By Reference F-1 F.2 Commencement, Prosecution, and Completion of Work F-1

SECTION G – Contract Administration Data G-1 G.1 Authorities and Delegations G-1 G.2 Postaward Conference – Bureau of Reclamation G-2 G.3 Government Administration Personnel G-2 G.4 Contractor Administration Personnel G-3 G.5 Electronic Invoicing and Payment Requirements – Internet Payment Platform

(IPP)

G-3

SECTION H – Special Contract Requirements H-1 H.1 Contractor Performance Assessment Reporting System H-1 H.2 Green Purchasing Under Construction Contracts H-2 H.3 Subcontractors and Outside Associates and Consultants H-3

SECTION I – Contract Clauses I-1 I.1 Clauses By Reference I-1 I.2 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements I-4

I.3 Updates of Publicly Available Information Regarding Responsibility Matters I-5 I.4 Buy American Act – Construction Materials I-6 I.5 Bid Guarantee I-8 I.6 Specifications and Drawings for Construction - Alternate II I-9 I.7 Subcontracts for Commercial Items I-10 I.8 Authorized Deviations In Clauses I-12 I.9 Restriction on Endorsements – Department of the Interior I-12 I.10 Release of Claims – Department of the Interior I-12

TOC Document No.

Document Title ii

I.11 Examination of Records by the Department of the Interior - Deviation I-12 I.12 Liability Insurance – Department of the Interior I-12 I.13 Safety and Health – Bureau of Reclamation I-13 I.14 Payment for Mobilization and Preparatory Work – Bureau of Reclamation I-14 I.15 Security Requirements – Bureau of Reclamation I-15 I.16 Safety Data Submittal Requirements I-25

SECTION J – List of Documents, Exhibits and Other Attachments J-1 J.1 Applicability of Documents J-1 J.2 List of Contract Documents J-1

SECTION K – Representations, Certifications and Other Statements of Offerors K-1 K.1 Clauses Incorporated By Reference K-1 K.2 Annual Representations and Certifications K-1 K.3 Information Regarding Responsibility Matters K-5

SECTION L – Instructions, Conditions and Notices to Bidders L-1 L.1 Provisions Incorporated By Reference L-1 L.2 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements – Representation (Deviations 2015-02) L-1

L.3 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

L-2

L.4 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Description

L-2

L.5 Requirements for Cost or Pricing Data or Information other than Cost or Pricing Data – Alternative IV

L-4

L.6 Type of Contract L-4 L.7 Construction Wage Rate Requirements – Secondary Site of Work L-4 L.8 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction L-4

L.9 Notice of Buy American Act Requirement – Construction Materials L-6 L.10 Site Visit (Construction) – Alternate I L-7 L.11 Authorized Deviations In Provisions L-7 L.12 Use and Disclosure of Proposal Information – Department of the Interior L-7 L.13 Service of Protest Department of the Interior (Aug 1996) (Deviation) L-9 L.14 General Proposal Instructions – Bureau of Reclamation L-9 L.15 Technical Proposal Instructions – Bureau of Reclamation L-10 L.16 Pricing Proposal Instructions – Bureau of Reclamation L-14 L-17 Instruction for Mobilization and Preparatory Work Schedule Line Item –

Bureau of Reclamation L-16

SECTION M – Evaluation Factors for Award M-1 M.1 Notice of World Trade Organization Procurement Agreement Evaluations M-1 M.2 Evaluation Factors for Award – Quality Predominance – Bureau of Reclamation M-1

Part I-Section A – Solicitation, Offer and Award

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Document Title Main Outlet Drain - Install Bypass and Replace Siphon Headwalls at Avenue 7E

A-2

Part I-Section B – Supplies Or Services and Prices/Costs

Document Title

B-1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 THE REQUIREMENTS – NEGOTIATION

(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.

(b) Offerors will be considered for award on the following price proposal breakdown, but no offeror will be considered for award on only a part of the price proposal breakdown. Offers for only a part of the schedules or parts of a single schedule may be determined technically unacceptable.

(c) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(d) Offerors shall complete the schedule in the SF-1442, Price Proposal Breakdown below and furnish any additional information required in Section B, as applicable.

(e) The Section I clause entitled “Payment for Mobilization and Preparatory Work” applies to

Schedule item(s) for Mobilization and Preparatory Work. Also, see the Section L provision entitled “Instruction for Mobilization and Preparatory Work Schedule Line Item.”

(f) Definitions:

a. CLIN – Contract Line Item Number

Document Title

B-2

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B-3

PRICE PROPOSAL BREAKDOWN

CLIN Supplies or Services

Estimated Quantity

Unit of Issue Unit Price Amount

1 Mobilization and Preparatory Work 1 Lump Sum $ $

2 Bonds 1 Lump Sum $ $

3 Install Bypass Channel 1 Lump Sum $ $

4 Road Patching 1 Lump Sum $ $

5 Patch Canal Lining 1 Lump Sum $ $

6 Traffic Control 1 Lump Sum $ $

7 Demolition of Inlet and Outlet Structures 1 Lump Sum $ $

8 Replace Guardrails 1 Lump Sum $ $

9 Inlet and Outlet Structures 1 Lump Sum $ $

10 Demobilization and all other items not listed above 1 Lump Sum $ $

TOTAL $

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B-4

Part I-Section C – Descriptions and Specifications

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C-1

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Statement of Work/Specifications/Work Statement contained in Attachment No. 1 of this solicitation/ contract.

Part I-Section C – Descriptions and Specifications

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C-2

Part I-Section D – Packaging and Marking

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D-1

SECTION D – PACKAGING AND MARKING

(There are no clauses in this section)

Part I-Section D – Packaging and Marking

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Part I-Section E – Inspection and Acceptance

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E-1

SECTION E – INSPECTION AND ACCEPTANCE

E.1

52.252-2

CLAUSES INCORPORATED BY REFERENCE

February 1998

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

Federal Acquisition Regulations (FAR) clauses – http://www.arnet.gov/far; and Department of the Interior Acquisition Regulations (DIAR) clauses – http://www.doi.gov/pam/aindex.html Reclamation Acquisition Regulations (RAR) clauses -http://www.usbr.gov/mso/aamd/resources.html

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and RAR - by the number prefix 1452 and number suffix of -80, e.g. 1452.201-80.

Clause Title Date 52.246-12 Inspection of Construction August 1996

Part I-Section E – Inspection and Acceptance

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Part I-Section F – Deliveries or Performance

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F-1

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE February 1998 if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:

Federal Acquisition Regulations (FAR) clauses – http://www.arnet.gov/far; and Department of the Interior Acquisition Regulations (DIAR) clauses – http://www.doi.gov/pam/aindex.html Reclamation Acquisition Regulations (RAR) clauses -http://www.usbr.gov/mso/aamd/resources.html

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and RAR - by the number prefix 1452 and number suffix of -80, e.g. 1452.201-80.

Clause Title Date 52.242-14 Suspension of Work April 1984 1452.219-80 Distribution of Summary Subcontracting Reports –

June 2002

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

APRIL 1984

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 180 calendar days from receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Part I-Section F – Deliveries or Performance

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Part I-Section G – Contract Administration Data

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 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.

Administration Data

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G-2

G.2 1452.242-80 POSTAWARD CONFERENCE – BUREAU OF

RECLAMATION

JULY 1993

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

(b) The conference will be held at the Yuma Area Office, Yuma, Arizona.

(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 GOVERNMENT ADMINISTRATION PERSONNEL – BUREAU OF

RECLAMATION – LOWER COLORADO REGION

The contracting office representative responsible for overall administration of this contract is:

(a) Virginia Toledo, Contracting Officer (LC-10401) Bureau of Reclamation 7301 Calle Agua Salada Yuma, AZ 85364 Phone No.: 928-343-8136 Facsimile No.: 928-342-8568 E-mail: vtoledo@usbr.gov

(b) Jacqueline Carrera, Contract Specialist (LC-10403) Bureau of Reclamation 7301 Calle Agua Salada Yuma, AZ 85364 Phone No.: 928-343-8217 Facsimile No.: 928-342-8568 E-mail: jcarrera@usbr.gov mailto:vtoledo@usbr.gov

Administration Data

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G.4 CONTRACTOR'S ADMINISTRATION PERSONNEL – BUREAU OF

RECLAMATION – LOWER COLORADO REGION

The designated contractor official who will be in charge of overall administration of this contract is:

Name: _________________________ Title: _________________________ Company: _________________________ Address: _________________________ City/State/Zip: _________________________ Telephone No.:

Cellular No.: _________________________ Facsimile No.: _________________________ Email: _________________________

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INTERNET PAYMENT PLATFORM (IPP)

APRIL 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.

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

(i) Invoice (Construction); courtesy copy to Contract Specialist (jcarrera@usbr.gov) of IPP submitted invoice

(j) Contract Summary (Construction) Voucher

(k) Monthly Certificate of Labor Conformance

(All forms identified above will be provided during the preconstruction/post award conference)

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.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Administration Data

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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.

Part I-Section H Special Contract Requirements

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H. 1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM

JULY 2010

(a) 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.

(b) 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.

(c) DOI will utilize the Primary and Alternate Points of Contact shown in Central Contractor Registration (CCR) as the past performance contacts for your company that will be notified to complete the performance evaluation on behalf of your firm. If you have not yet designated Past Performance Points of Contact in CCR, we recommend that you do so, and 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.

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

(e) Within 60 days after the end of the performance period(s) specified in paragraph (a), 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 CPAR 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 signed nor offered comment in response to this assessment.”

http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

Requirements

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Your response is due within 30 calendar days after receipt of the CPAR.

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

(1) 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.

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

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

(g) 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.

(h) 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.

H. 2 GREEN PURCHASING UNDER CONSTRUCTION CONTRACTS

Pursuant to Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and Executive Order 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and wellbeing of Federal employees and contract service providers. Green purchasing contracting has several interacting initiatives, which are described at the following Government or Industry Internet sites:

− Recycled products: www.epa.gov/cpg

− Biobased products: www.biopreferred.gov/

− ENERGY STAR products: www.energystar.gov/

− FEMP designated and low standby power products: www.femp.energy.gov/procurement

− EPEAT computers: www.epeat.net

− Non-Ozone Depleting Alternative Products: www.epa.gov/ozone/strathome.html

− Water-efficient plumbing products: www.epa.gov/watersense

Requirements

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To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, require the use of products that have biobased content, are energy efficient, or have recycled content.

H. 3 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS

Any subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified in the Contractor’s accepted proposal. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

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jcarrera Typewritten Text jcarrera Typewritten Text Main Outlet Drain-Install Bypass and Replace Siphon Headwalls at Avenue 7E jcarrera Typewritten Text

Part II-Section I Contract Clauses

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SECTION I -- CONTRACT CLAUSES

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

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): Federal Acquisition Regulations (FAR) clauses - http://www.arnet.gov/far;

Department of the Interior Acquisition Regulations (DIAR) clauses -http://www.doi.gov/pam/aindex.html; and Reclamation Acquisition Regulations (RAR) clauses -http://www.usbr.gov/pmts/acquisitions/RAR/rar.html

In addition, the clauses can be identified as follows: FAR - by the number prefix 52, e.g.

52.252-01, etc.; DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70;

and RAR - by the number prefix 1452 and number suffix of -80, e.g. 1452.201-80.

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.202-1 Definitions November 2013 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the

Government September 2006

52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

May 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

October 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

April 2014

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards July 2013

52.204-13 System for Award Management Maintenance July 2013 52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

August 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

December 2014

52.215-2 Audit and Records – Negotiation October 2010 52.215-8 Order of Precedence – Uniform Contract Format October 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing

Data--Modifications August 2011

52.215-13 Subcontractor Certified Cost or Pricing Data-- October 2010 http://www.arnet.gov/far http://www.doi.gov/pam/aindex.html http://www.usbr.gov/pmts/acquisitions/RAR/rar.html

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Modifications

52.215-15 Pension Adjustments and Asset Reversions October 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement

Benefits (PRB) Other Than Pension July 2005

52.215-21 Alt IV Requirements for Cost or Pricing Data or Information other than Cost or Pricing Data—Modifications

October 2010

52.219-6 Notice of Total Small Business Set-Aside November 2011 52.219-8 Utilization of Small Business Concerns October 2014 52.219-14 Limitations on Subcontracting November 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act -

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 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 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 February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction April 2015

52.222-34 Project Labor Agreement May 2010 52.222-35 Equal Opportunity for Veterans July 2014 52.222-36 Affirmative Action For Workers with Disabilities July 2014 52.222-37 Employment Reports for Veterans July 2014 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons March 2015 52.222-54 Employment Eligibility Verification August 2013 52.222-55 Minimum Wages Under Executive Order 13658 December 2014 52.223-2 Affirmative Procurement of Bio-based Products Under

Service and Construction Contracts September 2013

52.223-3 Alt I Hazardous Material Identification and Material Safety Data - Alternate I (July 1995)

January 1997

52.223-6 Drug Free Workplace May 2001 52.223-15 Energy Efficiency in Energy-Consuming Products December 2007 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

August 2011

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52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-1 Authorization and Consent December 2007 52.227-2 Notice and Assistance Regarding Patent and

Copyright Infringement December 2007

52.227-4 Patent Indemnity-Construction Contracts December 2007 52.228-2 Additional Bond Security October 1997 52.228-5 Insurance - Work on a Government Installation January 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds--Construction October 2010 52.229-3 Federal, State And Local Taxes February 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

Award Management July 2013

52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors December 2013

52.233-1 Alt I Disputes - Alternate I (December 1991) May 2014 52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-15 Schedules for Construction Contracts April 1984 52.236-17 Layout of Work April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-4 Changes June 2007 52.243-6 Change Order Accounting April 1984 52.244-2 Subcontracts October 2010 52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering-Construction October 2010 52.249-2 Alt I Termination for Convenience of the Government

(Fixed-Price) - Alternate I (September 1996) April 2012

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

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52.253-1 Computer Generated Forms January 1991 1452.201-80 Authorities and Limitations – Bureau of Reclamation July 1993 1452.223-80 Asbestos-Free Warranty – Bureau of Reclamation October 1992 1452.223-82 Protecting Federal Employees and the Public from

Exposure to Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation

October 1998

1452.228-84 Certification of Representatives for Corporate Sureties

September 1996

1452.231-81 Equipment Ownership and Operating Expense – Bureau of Reclamation

July 1998

1452.233-81 Claims Accounting – Bureau of Reclamation July 1993 1452.236-84 Preservation of Cultural Resources – Bureau of

Reclamation February 2000

1452.243-80 Alt

IV

Modification Proposals – Alternate IV (July 1998) –

December 2001

I.2 52.203-99 PROHIBITION ON CONTRACTING WITH

ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION

2015-02)

FEBRUARY 2015

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

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I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE

INFORMATION REGARDING RESPONSIBILITY

MATTERS

JULY 2013

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L.

111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the

Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

https://www.acquisition.gov/

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I.4 52.225-9 BUY AMERICAN ACT--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.

“Component” means an article, material, or supply incorporated directly into a construction material.

“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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the 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: ______

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.5 52.228-1 BID GUARANTEE SEPTEMBER 1996

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds--

(1) to unsuccessful bidders as soon as practicable after the opening of bids; and

(2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

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(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 14 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work…