Solicitation_No._R15PS00748.pdf

Solicitation No. R15PS00748

Keswick Fish Trap Brail Replacement

Keswick Dam, Powerplant, and Reservoir Shasta Division Central Valley Project - California

TABLE OF CONTENTS

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

SECTION B - Pricing Schedule

SECTION C - Specifications/Appendices

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

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

SECTION K - Representations, Certifications and Other Statements of Offerors

SECTION L - Instructions, Conditions and Notices to Offerors

SECTION M - Evaluation Factors for Award

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Bureau of Reclamation, Mid Pacific Region

2800 Cottage Way, Rm. E-1815, Federal Bldg.

Sacramento, CA 95825-1898

Erik Danger 916-978-5018 x

05/29/2015

R15PS00748

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

A. Title: Keswick Fish Trap Brail Replacement

B. Work Site Location: Work is located 4 miles northwest of Redding, CA in Shasta

County, at Keswick Dam..

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

Section L, Clause 52.236-27.

D. Estimated Price Range: $250,000.00 to $500,000.00

E. Set-aside Information: This requirement is restricted to Total Small Business concerns. FAR Clause 52.219-06 Notice of Total Small Business Set Aside applies to this requirement.

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.)

7 120 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

07/09/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Bureau of Reclamation Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Erik M. Danger

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

SECTION B - SUPPLIES OR SERVICES AND PRICES

KESWICK FISH TRAP BRAIL REPLACEMENT

Keswick Dam, Powerplant, and Reservoir Shasta Division

Central Valley Project - California

B.1 DEFINTIONS

a) AU – Activity Unit is used solely for the purposes of allowing progress payments under the Department of Interior’s Financial & Business Management System (FBMS). This line represents the total value for the price proposal breakdown.

See B.2 below

b) Price Schedule – A list of line items used for measurement and payment. See B.3

B.2 ACTIVITY UNIT (AU)

ITEM

NO.

SUPPLIES/SERVICES EST.

QTY

UNIT

PRICE AMOUNT

0001 KESWICK FISH TRAP BRAIL

REPLACEMENT

(Price Schedule CLINs 1-7) See following continuation page

1 AU $__________ $____________

TOTAL FROM PRICE SCHEDULE $_______________________

Solicitation No. R15PS00748 Specification No. 20-C0839

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICE

B.3 PRICE SCHEDULE

(a) Offers will be considered for award on the following Price 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) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, Alt I for CLIN 1.

(d) Definitions:

(1) CLIN – Contract Line Item Number.

PRICE SCHEDULE

CLIN Sections Supplies or Services Quantity and Unit

Unit Price

Amount

1 WBR

1452.232

-81

Mobilization and preparatory work

For the lump sum of $

2 01 54 00

Construction aids For the lump sum of $

3 05 15 00

13 34 23

41 22 23

Remove existing fish brail structure and wire rope assembly

For the lump sum of

4 01 35 26

07 91 00

09 96 20

13 34 23

Furnish and install fish brail frame

For the lump sum of

5 06 74 00 Furnish and install composite grating

6 05 15 00

05 50 00

09 96 20

Furnish and install wire rope assembly

Solicitation No. R15PS00748 Specification No. 20-C0839

Price Schedule

B - 2

PRICE SCHEDULE

CLIN Sections Supplies or Services Quantity and Unit

Unit Price

Amount

7 09 96 20

41 22 23

Refurbish Fish Brail Hoist For the lump sum of

TOTAL FOR PRICE SCHEDULE $_________________

END OF SUPPLIES OR SERVICES AND PRICES

This Page Intentionally Left Blank

C-1

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

D-1

SECTION D - PACKAGING AND MARKING

There are no clauses in this section.

E-1

SECTION E -- INSPECTION AND ACCEPTANCE

Clause

Title

Date

52.246-12

Inspection of Construction

AUG 1996

F-1

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14

Suspension of Work

APR 1984

52.211-18

Variation in Estimated Quantity

52.211-10

COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

The Contractor shall be required to

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

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 120 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEP 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,600 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

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

G.2 WBR

1452.242-80 POSTAWARD CONFERENCE—BUREAU OF RECLAMATION JUL 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 the Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.

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

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

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

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

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

The COR will be named at time of award.

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

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

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

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

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

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

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

G-2

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

G.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

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

The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

When your Contractor Representative(S) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. in addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.

If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPARS within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither singed nor offered comment in response to this assessment. “Your response is due within 30 calendar days after receipt of the CPARS.

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

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

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

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

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30 day review period.

G-3

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

G.5 DIAPR 2011-4, Amendment 4

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:

a. Construction Invoice (Attachment 4)

b. Monthly Certificate of Labor Conformance (Attachment 4)

c. Subcontractor / Supplier Payment Summary (Attachment 4)

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

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

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Special Instructions to Contractor – Special Limitations to the Work Period

The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation and provides additional limits to the time allowed for the Offeror to perform this work.

1. All work shall be completed by December 18, 2015 to allow government to harvest migrating salmonids for spawning.

H.2 DIAPR

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

CONTRACTORS, SUBCONTRACTORS, AND LESSORS (DEC 1999)

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

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

CONTRACTORS (SEP 2002)

(a) Definitions.

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

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

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

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

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

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

(1) The Basic Pilot is a joint pilot being conducted by the INS and SSA in the States of California, Florida, Illinois, Nebraska, New York, and Texas. This pilot involves verification checks of the SSA and INS databases of all newly hired employees, regardless of citizenship. To receive information on the Basic Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981, or write to USINS, SAVE Program, 425 I Street, NW, ULLICO Building 4th Floor, Washington, DC 20536. You may also contact the Social Security Administration by calling (410) 966-1940, or writing to Social Security Administration, H-2

Office of Program Benefits Policy, 6401 Security Blvd., 760 Altmeyer, Baltimore, MD 21235.

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

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

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

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

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

I-1

SECTION I - CONTRACT CLAUSES

52.252-02

CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

http://www.arnet.gov/far (FAR 52.XXX-XX formatted clauses) http://www.doi.gov/pam/aindex.html (DIAR 1452.XXX-XX)

52.202-01

Definitions

NOV 2013

52.203-03

Gratuities

52.203-05

Covenant Against Contingent Fees

MAY 2014

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

52.203-07

Anti-Kickback Procedures

52.203-08

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

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-17

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

APR 2014

52.204-04

Printing/Copying Double-Sided on Recycled Paper

MAY 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

JUL 2013

52.204-13

System for Award Management

52.204-19

Incorporation by Reference of Representations and Certifications

DEC 2014

52.209-06

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

AUG 2013

52.214-26 Audit and Records – Sealed Bidding OCT 2010

52.214-27

Price Reduction for Defective Cost or Pricing Data – Modifications – Sealed Bidding

AUG 2011

52.214-28 Subcontractor Cost or Pricing Data – Modifications – Sealed Bidding

52.214-29

Order of Precedence – Uniform Contract Format – Sealed Bidding

JAN 1986

52.219-06

Notice of Total Small Business Set-Aside

NOV 2011

52.219-08

Utilization of Small Business Concerns

OCT 2014

52.219-09 Alt I

Small Business Subcontracting Plan (OCT 2014) - Alternate I

OCT 2001

I-2

52.219-14 Limitations on Subcontracting NOV 2011

52.219-28

Post-Award Small Business Program Representation

52.222-03

Convict Labor

JUN 2003

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

52.222-06

Construction Wage Rate Requirements

52.222-07

Withholding of Funds

52.222-08

Payrolls and Basic Records

52.222-09

Apprentices and Trainees

JUL 2005

52.222-10

Compliance with Copeland Act Requirements

FEB 1988

52.222-11

Subcontracts (Labor Standards)

52.222-12

Contract Termination – Debarment

52.222-13

Compliance with Construction Wage Rate Requirements and Related Act Regulations

52.222-14

Disputes Concerning Labor Standards

FEB 1988

52.222-15

Certification of Eligibility

52.222-21

Prohibition of Segregated Facilities

FEB 1999

52.222-26

Equal Opportunity

MAR 2007

52.222-27

Affirmative Action Compliance Requirements for Construction

FEB 1999

52.222-35

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

JUL 2014

52.222-36

Affirmative Action For Workers with Disabilities

52.222-37

Employment Reports on Veterans

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

DEC 2010

52.222-50

Combating Trafficking in Persons

FEB 2009

52.222-54 Employment Eligibility Verification AUG 2013

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014

52.223-03 Alt I

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

JUL 1995

52.223-04

Recovered Material Certification

MAY 2008

52.223-05

Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-06

Drug Free Workplace

MAY 2001

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

AUG 2011

52.225-05 Trade Agreements NOV 2013

52.225-13

Restrictions on Certain Foreign Purchases

JUN 2008

I-3

52.227-01 Authorization and Consent DEC 2007

52.227-02

Notice And Assistance Regarding Patent And Copy Infringement

DEC 2007

52.227-04 Patent Indemnity – Construction Contracts DEC 2007 52.228-02 Additional Bond Security OCT 1997 52.228-05 Insurance - Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit MAY 2014 52.228-15 Performance and Payment Bonds - Construction OCT 2010

52.229-03

Federal, State And Local Taxes

FEB 2013

52.232-05 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17

Interest

52.232-23

Assignment Of Claims

52.232-27

Prompt Payment for Construction Contracts

52.232-33

Payment by Electronic Funds Transfer – System for Award Management

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

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

DEC 2013

52.233-01 Alt I

Disputes - Alternate I (DEC 1991)

52.233-03

Protest After Award

AUG 1996

52.233-04

Applicable Law For Breach Of Contract Claim

OCT 2004

52.236-02

Differing Site Conditions

52.236-03

Site Investigation and Conditions Affecting the Work

52.236-05

Material and Workmanship

52.236-06

Superintendence by the Contractor

52.236-07

Permits and Responsibilities

NOV 1991

52.236-09

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10

Operations and Storage Areas

52.236-11

Use and Possession Prior to Completion

52.236-12

Cleaning Up

52.236-13

Accident Prevention

NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

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52.236-26 Preconstruction Conference FEB 1995

52.242-13

Bankruptcy

JUL 1995

52.243-04

Changes

JUN 2007

52.245-09 Use and Charges APR 2012 52.246-21 Warranty of Construction MAR 1994

52.248-03

Value Engineering – Construction

52.249-02 Alt I

Termination for Convenience of the Government (Fixed-Price) (APR 2012) – Alternate I

SEP 1996

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

52.253-01

Computer Generated Forms

JAN 1991

1452.203-70 RESTRICTIONS ON ENDORSEMENTS-DEPARTMENT OF THE INTERIOR JUL 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 JUL 1996

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.

1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR JUL 1996

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

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

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the 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.

1452.237-70

INFORMATION COLLECTION – DEPARTMENT OF THE INTERIOR

JUL 1996

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained

I-5 from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS APR 2014

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.203-99, PROHOBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDETIALITY AGREEMENTS (DEVIATION 2015-02)

(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.

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS JUL 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 consists 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

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(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.

52.223-17 – AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS MAY 2008

a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/ . The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm .

52.225-09 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

I-7 regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 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: 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).

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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

(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).]

52.228-01 BID GUARANTEE SEP 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 or $3,000,000.00, 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 10 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.

52.236-8 OTHER CONTRACTS (DEVIATION) APR 1984

The Government may undertake or award other contracts for additional work at or near the site of the work under

I-9 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: Contractor shall be notified if any other…