Solicitation_R15PS00442_Steinaker_Canal_Enclosure_Reach_1.pdf

STEINAKER CANAL ENCLOSURE

REACH 1

Volume I of II

SOLICITATION NO. R15PS00442

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Solicitation Document No.

R15PS00442

Document Title

Steinaker Canal Enclosure Reach 1

OFFER MUST BE CLEARLY IDENTIFIED AS

“PROPOSAL”

TO PRECLUDE MISHANDLING

Offers MUST be delivered to:

Bureau of Reclamation Attention: Ms. Lynette Rock, UC-849 125 South State Street Room 8100 Salt Lake City, UT. 84138

PRIOR TO SOLICITATION CLOSING DATE AND TIME OF

MARCH 6, 2015 14:00 local time (MST)

Inquiries regarding this solicitation should be made to the offices listed below:

Lynette Rock, Contract Specialist lrock@usbr.gov 801-524-3798

All Correspondence regarding this solicitation should reference number R15PS00442 Please Read Sections L and M carefully for proposal information.

A Site Visit is scheduled for Wednesday February 11, 2015 at 10:00 am at the

Uintah Water Conservancy District

Please see solicitation clause 52.236-27 for more information.

TABLE OF CONTENTS

SECTION A – SF-1442

SECTION B – Schedule SECTION C – Statement/Description/Specification of Work SECTION D – Packaging and Marking SECTION E -- Inspection and Acceptance Clauses Incorporated by Reference SECTION F -- Deliveries or Performance Clauses Incorporated by Reference Commencement, Prosecution and completion of Work Distribution of Summary Subcontracting Report--Bureau of Reclamation Variation in Estimated Quantity SECTION G -- Contract Administration Data Authorities and Delegations Invoice Processing Platform (IPP) Treasury Electronic Invoicing System Post Award Conference Bureau of Reclamation SECTION H -- Special Contract Requirements Contractor Performance Assessment Reporting System SECTION I -- Contract Clauses Clauses Incorporated by Reference Estimate of Percentage of Recovered Material Content for EPA-Designated Items Availability of Funds Physical Data Other Contracts – Reclamation Deviation Restriction on Endorsements--Department of the Interior Release of Claims – Department of Interior Examination of Records by the Department of the Interior Liability Insurance – Department of the Interior Order of precedence Uniform Contract Format Bid Guarantee Warranty of Construction Authorized Deviations in Clauses Prohibition on Release of Information Bureau of Reclamation Asbestos Free Warranty Bureau of Reclamation Safety and Health Bureau of Reclamation Protecting Federal Employees and the Public From Exposure To Tobacco Smoke In The

Federal Work Place Bureau of Reclamation Certification of Representatives For Corporate Sureties Bureau of Reclamation Equipment Ownership and Operating Expense Bureau of Reclamation Payment for Mobilization and Preparatory Work – Bureau of Reclamation Other Invoice Requirements Bureau of Reclamation Preservation of Cultural Resources Bureau of Reclamation Security Requirements Bureau of Reclamation Modification Proposals Bureau of Reclamation SECTION J -- List of Attachments and Exhibits SECTION K -- Representations, Certifications and Other Statements of Offerors Solicitation Provisions Incorporated By Reference Information Regarding Responsibility Matters Annual Representations and Certifications Class Deviation – Limitation with Respect To Felony Criminal Convictions and Delinquent

Tax Debts Organizational Conflict of Interest -- Bureau of Reclamation SECTION L -- Instructions, Conditions and Notices to Bidders Solicitation Provisions Incorporated By Reference Construction Wage Rate Requirements Secondary Site of the Work Authorized Deviations in Provisions Non-Discrimination Notice to U.S. Department of the Interior contractors, Subcontractors and Lessors Use and Disclosure of Proposal Information Brand Name of Equal (DEVIATION) Authorized Workers Notice to Potential Bureau of Reclamation Contractors Type of Contract Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity for Construction Service of Protest Department of the Interior (DEVIATION) Site Visit (Construction) Alternate I Notice of Intent to Acquire Metric Products and Services – Bureau of Reclamation Source Evaluation and Selection Procedures Bureau of Reclamation General Proposal Instructions Bureau of Reclamation Technical Proposal Instructions – Bureau of Reclamation Pricing Proposal Instruction Bureau of Reclamation Notice of Proposed Partnering Bureau of Reclamation Instruction for Mobilization and Preparatory Work Schedule Line Item Bureau of

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

Bureau of Reclamation

SECTION A – SF-1442

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

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Lynette Rock 801-524-3798

1x 02/20/2015

R15PS00442

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

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.)

7 359 calendar days and complete it within ________________ ________________ calendar days after receiving

03/06/2015

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 Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Carolyn A. Smith

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

R15PS00442

FOB: Destination

Period of Performance: 04/30/2015 to 06/30/2016

00010 Steinaker Canal Enclosure Reach 1. Please see the following continuation page(s).

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

Sponsored by GSA

FAR (48 CFR) 53.110

Continuation of Section B – Construction Pricing

B.1 Price Schedule

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

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

(c) Quantities in the price schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns and underruns. The Contract Clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to the lump sum items.

(d) Please see contract clause WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 00010.

(e) (1) CLIN- Contract Line Item Number

(Breakdown of CLIN 00010)

CLIN Section Supplies or Services Quantity and

Unit Unit Price Amount

00010-01 1452.232-

Mobilization and Preparatory Work For the lump sum of $

00010-02 02 41 00 Demolish and Remove Turnout

Structures and Salvage Slide Gates 23 Each $ $

00010-03 02 41 00 Demolish and Remove Check

Dams 5 Each $ $

00010-04 02 41 00 Demolish and Remove Existing

Undershots Indicated for Removal 5 Each $ $

00010-05 02 41 00 Demolish and Remove Farm

Bridges 4 each $ $

00010-06 02 41 00 Demolish and Remove Screens and

Intake Structures at Sta. 540+50 For the lump sum of $

(Breakdown of CLIN 00010)

CLIN Section Supplies or Services Quantity and

Unit Unit Price Amount

00010-07

02 41 00 Demolish and Remove Existing 54-In.-Dia. Pipe Crossing at Sta.

547+00

For the lump sum of $

00010-08

02 41 00 Demolish and Remove Existing 36-In.-Dia. Pipe Crossing at Sta.

564+65

For the lump sum of $

00010-09

02 41 00 Demolish and Remove Existing 48-In. CMP Crossing at Sta.

574+10

For the lump sum of $

00010-10 02 41 00 Demolish and Remove Existing

Wood Timbers at Sta. 585+25 For the lump sum of $

00010-11 02 42 00 Remove and Salvage Cattle Guards 3 Each $ $

00010-12 03 30 00 Concrete Encasement at Sta.

547+00 For the lump sum of $

00010-13 03 30 00 Reinforced Concrete Screening

Structure For the lump sum of $

00010-14 03 30 00 Road Crossing at 4000 South For the lump sum of $

00010-15 03 30 00 Turnout Vault at Sta. 596+20 For the lump sum of $

00010-16 03 30 00 8-In.-Dia. Drains 2 Each $ $

00010-17 03 30 00 24-In.-Dia. Turnout 4 Each $ $

00010-18 03 30 00 18-In.-Dia. Turnout 4 Each $ $

00010-19 03 30 00 12-In.Dia. Turnout 7 Each $ $

00010-20 26 05 00 Fiber Optic Conduit 15,756 LF $ $

Quantity and

Unit Unit Price Amount

00010-21 31 23 00 Excavation for 63-In.-Dia. HDPE

Pipe

5,190 LF $ $

00010-22 31 23 00 Excavation for 54 In.-Dia. HDPE

Pipe

5,305 LF $ $

00010-23 31 23 00 Excavation for 48 In.-Dia. HDPE

Pipe

4,855 LF $ $

00010-24 31 23 00 Excavation for 18 In.-Dia. HDPE

Pipe

415 LF $ $

00010-25 31 23 00 Excavation for 12 In.-Dia. HDPE

Pipe

715 LF $ $

00010-26 31 23 00 Backfill for 63-In.-Dia. HDPE Pipe 4,966 LF $ $

00010-27 31 23 00 Backfill for 54 In.-Dia. HDPE Pipe 5,164 LF $ $

00010-28 31 23 00 Backfill for 48 In.-Dia. HDPE Pipe 4,776 LF $ $

00010-29 31 23 00 Backfill for 18 In.-Dia. HDPE Pipe 415 LF $ $

00010-30 31 23 00 Backfill for 12 In.-Dia. HDPE Pipe 715 LF $ $

00010-31 31 23 00 Select Backfill 150 yd3 $ $

00010-32 31 23 00 Trench Plugs 3 Each $ $

00010-33 31 23 00 Access and Maintenance Road

Surfacing For the lump sum of $

00010-34 31 23 00 Additional Excavation and Trench

Stabilization 850 yd3 $ $

00010-35 31 23 00 Canal Bank Raise 800 yd3 $ $

Quantity and

Unit Unit Price Amount

00010-36 31 23 70 Road Crossings – Box Culverts 2 Each $ $

00010-37 31 23 70 Road Crossings at Farm Bridges 3 Each $ $

00010-38 31 23 70 Road Crossings – Full-Depth

CLSM

29 LF $ $

00010-39 31 23 70 Road Crossings – 6 Inch UTBC 25 LF $ $

00010-40 32 92 20 Seeding For the lump sum of $

00010-41 33 04 00 Locate Buried Utilities and

Undershots 42 Each $ $

00010-42 33 04 00 Loop Water Main Lines 5 Each $ $

00010-43 33 04 00 Loop 36-In.-Dia. Undershot 1 Each $ $

00010-44 33 04 00 Loop 24-In.-Dia. Undershot 6 Each $ $

00010-45 33 04 00 Loop 18-In.-Dia. Undershot 8 Each $ $

00010-46 33 04 00 Loop 24-In.-Dia. Irrigation Line 1 Each $ $

00010-47 33 04 00 Extend 18-In.-Dia. Drain 3 Each $ $

00010-48 33 04 00 Extend 14-In.-Dia. Drain 2 Each $ $

00010-49 33 04 00 Loop 18-In.-Dia. Drain 1 Each $ $

00010-50 33 04 00 Loop 16-In.-Dia. Drain 3 Each $ $

00010-51 33 04 00 Loop 14-In.-Dia. Drain 1 Each $ $

00010-52 33 04 00 Loop 12-In.-Dia. Drain 2 Each $ $

Quantity and

Unit Unit Price Amount

00010-53 33 11 14 Furnish and Install 63-In.-Dia.

HDPE Pipe

5,190 LF $ $

00010-54 33 11 14 Furnish and Install 54 In.-Dia.

HDPE Pipe

5,305 LF $ $

00010-55 33 11 14 Furnish and Install 48 In.-Dia.

HDPE Pipe

4,855 LF $ $

00010-56 33 11 14 Furnish and Install 18 In.-Dia.

HDPE Pipe

415 LF $ $

00010-57 33 11 14 Furnish and Install 12 In.-Dia.

HDPE Pipe

715 LF $ $

TOTAL $_________________

SECTION C – STATEMENT / DESCRIPTION / SPECIFICATION OF WORK

Please See Section J Attachment No. 1

SECTION D – PACKAGING AND MARKING

There are no clauses included in this section

SECTION E – INSPECTION AND ACCEPTANCE

52.252-02 CLAUSES INCORPORATED BY REFERENCE

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

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

Clause Title Date 52.246-12 Inspection of Construction August 1996

SECTION F -- DELIVERIES OR PERFORMANCE

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

52.242-14 Suspension of Work April 1984

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract by May 2015 (b) prosecute the work diligently, and (c) complete the pipeline so it is operational not later than May 1, 2016. All other work shall be completed by early summer of 2016.

Seeding shall take place between October 1 and November 15, 2016. Work may begin prior to October 1 if the conditions are met which are listed in the specifications section 01 11 00 Summary of Work section 1.06 and the notice to proceed has been given. The time stated for completion shall include final cleanup of the premises.

WBR

1452.219-80

DISTRIBUTION OF SUMMARY SUBCONTRACTING

REPORT--BUREAU OF RECLAMATION

JUNE 2002

(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, D-7800, 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.

52.211-18 VARIATION IN ESTIMATED QUANTITY APRIL 1984

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

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

SECTION G -- CONTRACT ADMINISTRATION DATA

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.

DIAPR

2011-04

AMEND 4

INVOICE PROCESSING PLATFORM (IPP)

TREASUREY ELECTRONIC INVOICING SYSTEM

AUGUST 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP). The Contractor shall also submit an electronic copy of the IPP invoice to the Contracting Officer at <casmith@usbr.gov> once the invoice has been submitted to 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:

The vendor shall upon invoicing through the internet payment platform, attach a copy of their regular vendor invoice by utilizing the attachments feature on the lower right hand corner of the invoicing screen to substantiate requests for payment. The vendor invoice shall be readable in Microsoft Excel, Adobe Acrobat (.pdf) or Microsoft Word.

FAR 32.905(b) outlines a Proper Invoice to include:

1. Name & address of the Contractor.

2. Invoice date & number.

3. Contract number, contract line item number and, if applicable, the order number.

4. Description, quantity, unit of measure, unit price and extended price of the items delivered.

5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading.

6. Terms of any discount for prompt payment offered.

7. Name and address of official to whom payment is to be sent.

8. Name, title, and phone number of person to notify in event of defective invoice.

9. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

10. Any other information or documentation required by 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.

1452.242-80

POST AWARD CONFERENCE

JULY 1993

(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 Provo Area Office, 302 East 1860 South, Provo, UT 84606.

(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.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

DIAPR

2010-14

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 processing 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) We request that you furnish to Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firms' 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, system requirements, and training information for CPARS are 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 a t this site.

(e) 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, block 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." 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 advertised, 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.

SECTION I -- CONTRACT CLAUSES

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

Clauses that pertain to both Small Businesses and Large Businesses

52.202-01 Definitions November 2013 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees April 1984 52.203-06 Restrictions on Subcontractor Sales to the Government September 2006 52.203-07 Anti-Kickback Procedures October 2010 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity January 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity January 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions October 2010

52.203-13 Contractor Code of Business Ethics and Conduct April 2010 52.203-14 Display of Hotline Poster(s) December 2007 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights September 2013

52.204-04 Printed or Copied Double-Sided on Post-Consumer Fiber Content 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 52.204-14 Service Contract Reporting Requirements January 2014 52.209-06 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment August 2013

52.209-09 Updates of Publicly Available information regarding Responsibility Matters

July 2013

52.210-01 Market Research April 2011 52.211-13 Time Extensions September 2000 52.215-02 Audit and Records--Negotiation October 2010 52.219-08 Utilization of Small Business Concerns July 2013 52.219-28 Post-Award Small Business Program Rerepresentation July 2013 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards Act - Overtime

Compensation July 2005

52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds February 1988 52.222-08 Payrolls and Basic Records June 2010

52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) July 2005 52.222-12 Contract Termination-Debarment February 1988 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 February 1988 52.222-21 Prohibition of Segregated Facilities February 1999 52.222-26 Equal Opportunity March 2007 52.222-27 Affirmative Action Compliance Requirements for Construction February 1999 52.222-35 Equal Opportunity for Veterans September 2010 52.222-36 Affirmative Action For Workers with Disabilities October 2010 52.222-37 Employment Reports on Veterans September 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act December 2010

52.222-50 Combating Trafficking in Persons February 2009 52.222-54 Employment Eligibility Verification August 2013 52.222-55 Minimum Wages Under Executed Order 13658 December 2014 52.223-02 Affirmative Procurement of Biobased Products Under Services and Construction Contracts September 2013

52.223-03 Alt 1 Hazardous Material Identification and Material Safety Data (Alt 1)

July 1995

52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug Free Workplace May 2001 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

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-04 Patent Indemnity-Construction Contracts December 2007 52.228-02 Additional Bond Security October 1997 52.228-05 Insurance - Work On A Government Installation January 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds October 1995 52.228-14 Irrevocable Letter of Credit December 1999 52.228-15 Performance and Payment Bonds--Construction October 2010 52.229-03 Federal, State And Local Taxes February 2013 52.232-05 Payments under Fixed-Price Construction Contracts September 2002 52.232-16 Progress Payments April 2012 52.232-17 Interest October 2010 52.232-23 Assignment Of Claims January 1986 52.232-27 Prompt Payment for Construction Contracts July 2013 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 Payment to Small Business

Subcontractors December 2013

52.233-01 A1 Disputes - Alternate I December 1991 52.233-03 Protest After Award August 1996

52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.236-02 Differing Site Conditions April 1984 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 52.236-05 Material and Workmanship April 1984 52.236-06 Superintendence by the Contractor April 1984 52.236-07 Permits and Responsibilities November 1991 52.236-09 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 Alt 1 Accident Prevention Alternate 1 November 1991 52.236-17 Layout of Work April 1984 52.236-21 Alt 1 Specifications and Drawings for Construction Alternate 1 February 1997 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-04 Changes June 2007 52.244-06 Subcontracts for Commercial Items December 2013 52.245-01 Alt 1 Government Property Alternate I April 2012 52.245-09 Use and Charges April 2012 52.248-03 Value Engineering-Construction October 2010 52.249-02 Alt 1 Termination for Convenience of the Government (Fixed-Price)

- Alternate I September 1996

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

Clauses that pertain to Small Businesses 52.219-06 Notice of Total Small Business Set-Aside November 2011 52.219-14 Limitations on Subcontracting November 2011

Clauses that pertain to Large Businesses 52.219-09 Small Business Subcontracting Plan October 2014 52.219-16 Liquidated Damages – Subcontracting Plan January 1999

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,741.00 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.

(c) Continuous operation of the Government's facilities during irrigation season (approximately April 1 to October 15) is of critical importance. Schedule and conduct activities to enable existing facilities and new pipeline and appurtenant works to deliver water during the irrigation season. The new pipeline shall be operational no later than May 1, 2016.

1. If, for any reason, the pipeline is not operational by May 1, 2016, the contractor shall make all necessary arrangements to bypass the pipeline and deliver water to the affected water users.

2. The bypass shall be capable of supplying a minimum flow rate of 40 cubic feet per second.

3. If bypass operations become necessary, consult with UWCD to make the final bypass arrangements.

52.223-09 ESTIMATE OF PERCENTAGE OF RECOVERED

MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS

MAY 2008

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

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

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

(2) Submit this estimate to Carolyn A. Smith.

52.232-18 AVAILABILITY OF FUNDS APRIL 1984

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.236-04 PHYSICAL DATA APRIL 1984

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by test pit, and record drawings.

52.236-08 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees. The following other contract work is anticipated to be performed at or near the site of this contract; Relocation of utilities.

1452.203-70 RESTRICTION ON ENDORESEMENTS

DEPARTMENT OF INTERIOR

JULY 1996

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.

1452.204-70 RELEASE OF CLAIMS

DEPARTMENT OF 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.

1452.215-70 EXAMINATION OF RECORDS BY

THE DEPARTMENT OF THE INTERIOR

APRIL 1984

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.

1452.228-70 LIABILITY INSURANCE

DEPARTMENT 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:

Worker's Compensation and Employer's Liability: $100,000 General Liability: $500,000 per occurrence Automobile Liability $200,000 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 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.

52.215-08 ORDER OF PRECENDENCE

UNIFORM CONTRACT FORMAT

OCTOBER 1997

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.228-01 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.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price.-

(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 7 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 that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.246-21 WARRANTY OF CONSTRUCTION MARCH 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 2 years from the date of substantial completion of the pipeline. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 2 years from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government owned or controlled real or personal property, when that damage is the result of

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES APRIL 1984

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

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

1452.209-82

PROHIBITION ON RELASE OF INFORMATION

JULY 1997

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

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

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

1452.223-80

ASBESTOS FREE WARRANTY

OCTOBER 1992

(a) The Contractor warrants that all items delivered, or work required by the contract shall be free of asbestos in any form whatsoever except for the use of asbestos cement pipe.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the Contractor determines that an asbestos-free product is not available. Contracting Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of this contract.

1452.223-81

SAFETY AND HEALTH

MAY 2010

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) In addition to the requirements of the Accident Prevention clause of this contract, the Contractor shall comply with the Bureau of Reclamation "Reclamation Safety and Health Standards" (RSHS)…