FINAL_SOLICITATION_R16PS00121_6-10-2016.pdf

SILT PUMPING PLANT

MODERNIZATION

SILT PROJECT, COLORADO

SOLICITATION NO. R16PS00121

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 2

ALL OFFERS MUST BE CLEARLY IDENTIFIED AS

“PROPOSAL” TO PRECLUDE MISHANDLING

OFFERS MUST BE DELIVERED TO:

BUREAU OF RECLAMATION

ATTN: KRIS BRADY, UC-857

125 SOUTH STATE STREET

SALT LAKE CITY, UT 84138-1147

PRIOR TO SOLICITATION CLOSING DATE AND

TIME OF

JULY 27, 2016 17:00 LOCAL TIME (MDT)

INQUIRIES REGARDING THIS SOLICITATION SHOULD BE

MADE TO THE OFFICE LISTED BELOW:

KRIS BRADY, CONTRACT SPECIALIST

kbrady@usbr.gov

(801) 524-3627 mailto:kbrady@usbr.gov

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 3

Contents

SECTION A – SF-1442

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

SECTION C – STATEMENT / DESCRIPTION / SPECIFICATION OF WORK

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 ATTACHMENTS AND EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 4

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

Bureau of Reclamation

ATTN: Kris Brady, UC-857 125 South State Street Salt Lake City, UT 84138-1147

Kristopher Brady 8015243627

5x 06/10/2016

R16PS00121

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

Silt Pumping Plant Modernization

R16PS00121

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.)

15 300 calendar days and complete it within ________________ ________________ calendar days after receiving

07/27/2016

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

PAGE 6 OF

Bureau of Reclamation Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Jared F. Van Buskirk

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

7 74

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

R16PS00121

Delivery Location Code: 0009910014

Bureau of Reclamation-UC-WCAO

445 West Gunnison Ave Suite 221

Grand Junction CO 81501 US

FOB: Destination

Period of Performance: 09/01/2016 to 04/09/2018

00010 Silt Pumping Plant Modernization

(Price Schedule CLINS 1 through 55)

See Section J Attachment 3: Continuation of

Section B in Excel Format

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 8

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES

AND PRICES / COSTS

SILT PUMPING PLANT MODERNIZATION

SILT PROJECT

SILT, COLORADO

B.1 PRICE SCHEDULE

PLEASE REFER TO SECTION J OF THIS SOLICITATION FOR ATTACHMENT 3 WHICH CONTAINS THE CONTINUATION OF

SECTION B IN EXCEL FORMAT (PRICE SCHEDULE).

B.2 WARRANTED CHARACTERISTICS (see also the clause in section I)

(a) Offeror warrants the performance of the pumping units shall meet the minimum overall efficiencies specified below.

Overall Efficiency

Pumping unit Rated total head (feet)

Minimum overall efficiency at rated total head (percent)

1, 2 225 86

3 225 85

4 225 82

(b) The contract line item price for each Pumping Unit shall be reduced $444 (Pumping Unit 1), $444 (Pumping Unit 2), $228 (Pumping Unit 3) and $114 (Pumping Unit 4) for each 1/10 of 1 percent that the actual efficiency is below the warranted efficiency at rated head, flow rate, voltage, frequency, 1.0 power factor and temperature rise limits as measured by CONTRACTOR SOURCE QUALITY TESTING.

END OF SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 9

SECTION C – STATEMENT / DESCRIPTION / SPECIFICATION

OF WORK

PLEASE REFER TO SECTION J ATTACHMENT 1 WHICH CONTAINS THE SPECIFICATIONS AND

ATTACHMENT 2 WHICH CONTAINS THE DRAWINGS FOR THIS PROJECT.

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 10

SECTION D – PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION.

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 11

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUGUST 1996

(a) Definition - “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not –

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may –

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 12

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APRIL 1984

The Contractor shall be required to

(a) commence off-site work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, and commence on-site work for the following sites:

Work is located approximately 1 mile east of Silt, Colorado in Mesa, County,

(b) prosecute the work diligently, and

(c) complete the Silt pumping plant modernization not later than April 9, 2018. The time stated for completion shall include final cleanup of the premises.

F.2 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 $2,000.00 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.

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 13

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPT 2011

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

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

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

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

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

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

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

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

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

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

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

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

G.2 WBR

1452.242-80

POSTAWARD CONFERENCE – BUREAU OF

RECLAMATION

JULY 1993

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

(b) The conference will be held at a location to be determined in the vicinity of Grand Junction, Colorado.

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 14

(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 DOI-AAP 0028 IPP ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (IPP) APRIL 2013

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

"Payment 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 Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist/Contracting Officer at kbrady@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

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.

https://www.ipp.gov/

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 15

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 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 firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system 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 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.

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 16

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

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

H.2 KEY PERSONNEL

(a) The Contractor agrees to assign to the contract those persons whose resumes, personnel data forms, or personnel qualification statements as required by (g) below. No substitution of key personnel shall be made except in accordance with this clause.

(b) The Contractor agrees that during the first 180 days of the contract period, no personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (d) below.

(c) If personnel, for whatever reason, become unavailable for work under this contract for a continuous period exceeding thirty (30) working days, or are expected to devote substantially less effort to the work than indicated in its proposal, the Contractor shall propose a substitution of such personnel, in accordance with paragraph (d) below.

(d) All proposed substitutions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information required by the Contracting Officer to approve or disapprove the proposed substitution(s). All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

(e) The Contracting Officer shall evaluate requests for substitution of key personnel and promptly notify the Contractor, in writing, whether a request is approved or disapproved.

(f) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable to perform under the contract is not reasonably forthcoming, or that a resultant reduction of productive effort would impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate.

(g) The Key Personnel labor categories are as follows:

(i) Onsite Project Superintendent

(ii) Mechanical Equipment Supervisor(s)

All Key Personnel must be available full-time. (Available means available to work, if and when ordered). New hires will not be considered, but contingency hires will. A contingency hire is defined as an individual who has signed a commitment to work in the event the contract is awarded to the offeror. A new hire is defined as a specified or unspecified individual to fill an empty position who is neither identified as a current employee of the offeror (or proposed subcontractor) nor as a contingency hire. The letter of commitment must accompany the proposal for a contingency hire to be considered.

Proposed substitutions must include complete and detailed resumes for the Onsite Project Superintendent and Mechanical Equipment Supervisor. The resumes shall be limited to three (3) pages. The resumes shall follow the outline provided in section J, attachment 7. Substitutions must possess the following minimum qualifications:

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 17

MINIMUM PERSONNEL QUALIFICATIONS

(1) ONSITE PROJECT SUPERINTENDENT:

(a) Duties: Serves as the contractor’s overall superintendent for contract performance and shall be the contractor’s authorized point of contact with the Government’s Contracting Officer (CO) and the Contracting Officer Representative (COR). Serves as the contractor interface with Government onsite management personnel.

Responsible for managing contract performance, formulating and enforcing work standards, reviewing the overall work and associated work discrepancies, assessing the contractor schedules, and communicating policies, purposes, and goals of the organization to subordinates.

(b) Qualifications: A minimum of seven (7) years of relevant experience is required for this position. Three (3) must be specialized experience. The remainder may be specialized or general experience:

(c) Specialized Experience: A minimum five (5) years of experience is required on projects of similar complexity and magnitude with experience in start-up, construction and completion of the project(s). Experience must include providing guidance and direction to subordinates and subcontractors covering multi-disciplines and overall management control of funds and resources to achieve a successful outcome. This specialized experience shall be in the construction of new pumping plants and/or retrofitting of mechanical equipment in existing pumping plants and/or water/wastewater treatment plants with project complexity.

(d) General Experience: A minimum four (4) years of experience of progressively more responsible mechanical equipment installation and construction experience.

Note: Specialized and general experience may not have been gained concurrently.

Education: A minimum Bachelor’s degree in the field of Engineering, Mathematics, Construction Management, or other related scientific or technical discipline. In lieu of education – five (5) or more years of applicable mechanical equipment installation and construction experience is acceptable.

Communication: Must be fluent in English, conduct business in a professional manner, and have a reputation of being cooperative and compatible with others.

(2) MECHANICAL EQUIPMENT SUPERVISOR(S):

(a) Duties: Working under the direction of the Onsite Project Superintendent, serves as the supervisor(s) for installing pumping units and associated motors. Supervisor is responsible for overseeing and directing the mechanical equipment installation activities according to specification requirements and applicable safety regulations. Oversees the operation for quality control and makes necessary adjustments as needed to maintain high quality installation procedures.

(b) Specialized Experience: Supervising mechanical installation on a minimum of 5 projects that consisted of pumping units and motors that are comparable to those required in this contract.

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SECTION I – CONTRACT CLAUSES

I.1 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 the following addresses:

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

Clause Title Date 52.201-01 Definitions November 2013 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees May 2014 52.203-06 Restrictions on Subcontractor Sales to the Government Sep 2006 52.203-07 Anti-Kickback Procedures May 2014 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014 52.203-12 Limitation On Payments To Influence Certain Federal Transactions October 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirements To Inform Employees of

Whistleblower Rights April 2014

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 Oct 2015 52.204-13 System for Award Management Maintenance July 2013 52.204-14 Service Contract Reporting Requirements Jan 2014 52.204-18 Commercial and Government Entity Code Maintenance July 2015 52.209-06 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Oct 2015

52.209-9 Updates of Publicly Available information regarding Responsibility Matters Jul 2013 52.211-13 Time Extensions Sept 2000 52.211-18 Variation in Estimated Quantity April 1984 52.215-02 Audit and Records--Negotiation October 2010 52.215-08 Order of Precedence--Uniform Contract Format October 1997 52.219-06 Notice of Total Small Business Set-Aside Nov 2011 52.219-08 Utilization of Small Business Concerns Oct 2014 52.219-14 Limitations on Subcontracting Nov 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2014 52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records May 2014 52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014 52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-35 Equal Opportunity for Veterans Oct 2015 https://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 19

52.222-36 Affirmative Action For Workers with Disabilities July 2014 52.222-37 Employment Reports Veterans Feb 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations Act December 2010 52.222-50 Combating Trafficking in Persons March 2015 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 December 2015 52.223-02 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts September 2013

52.223-03 Hazardous Material Identification and Material Safety Data Jan 1997 52.223-03 A1 Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I July 1995 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving August 2011 52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-01 Authorization and Consent Dec 2007 52.227-04 Patent Indemnity--Construction Contracts Dec 2007 52.227-23 Rights to Proposal Data (Technical) June 1987 52.228-02 Additional Bond Security Oct 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 May 2014 52.228-14 Irrevocable Letter of Credit November 2014 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 May 2014 52.232-16 Progress Payments April 2012 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-33 Payment by Electronic Funds Transfer – System for Award Management July 2013 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payment to Small Business Subcontractors Dec 2013 52.233-01 A1 Disputes - Alternate I May 2014, Dec

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 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 Nov 1991 52.236-08 Other Contracts – Reclamation Deviation 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 A1 Accident Prevention (Alt I) November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-16 Quantity Surveys April 1984 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction February 1997 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.242-14 Suspension of Work Apr 1984

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 20

52.243-04 Changes Jun 2007 52.244-06 Subcontracts for Commercial Items Feb 2016 52.245-01 A1 Government Property – Alternate 1 April 2012 52.245-09 Use and Charges April 2012 52.246-21 Warranty of Construction March 1994 52.249-02 A1 Termination for Convenience of the Government (Fixed-Price) - Alternate I April 2012, Sept

52.249-10 Default (Fixed-Price Construction) April 1984 52.252-04 Alterations in Contract April 1984 52.253-01 Computer Generated Forms January 1991

I.2 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 postconsumer material content; and

(2) Submit this estimate to the Contracting Specialist.

I.3 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS MAY 2014

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability 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

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 22

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

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

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

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

(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:

Solicitation No. R16PS00121 Silt Pumping Plant Modernization Page 23

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.4 52.228-1 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 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 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.

I.5 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.

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(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.

I.6 52.236-08 OTHER CONTRACTS (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; there are no other contracts anticipated in the area, but the contractor will be notified of any changes.

I.7 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.

I.8 1452.203-70 RESTRICTION ON ENDORSEMENTS – DEPARTMENT OF

THE 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.

I.9 1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR JULY 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.

I.10 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…