R16PS00294_Solicitation_Package.pdf

Solicitation No. R16PS00294 Contract No.

Senator Wash Penstock Replacement

Senator Wash Reservoir, California

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Region 2016 Boulder City, Nevada

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Foreword Document No.

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FOREWORD

The Bureau of Reclamation, Yuma Area Office has a requirement for removal and replacement of an existing expansion joint for the Senator Wash Penstock. Senator Wash Reservoir is located 18 miles northeast of Yuma on the California side of the Colorado River. It was constructed in 1966 as an off-stream regulating reservoir to provide temporary storage of excess Colorado River flows and released back into Squaw Lake when additional water is needed for irrigation deliveries. Water is pumped into the reservoir and released back into Squaw Lake by six pump-turbine units through a 195-foot long 10-foot diameter steel pressure pipe, which penetrates the embankment. The steel pipe is installed within a 15-foot diameter concrete conduit.

The work associated with the Senator Wash Penstock includes removing an existing 120-inch dam outlet works expansion joint, supplying and installing a new custom fabricated expansion joint, removal of non-hazardous and hazardous coatings, recoating of the pipe with an approved coating and the installation of new steel pipe onto six existing air valves. Remove existing and install new piping on combination air valve assembly. Access to the work location is through a conduit access house, with man openings to climb down to each side of the steel pipe (confined space). Removal of the existing expansion joint will required it to be cut and removed in smaller sections. Once the existing expansion joint is removed, cleaning of the steel pipe will be required to remove any corroded areas on the interior and exterior of the pipe.

Work is located approximately 18 miles NE of Yuma, Arizona in Imperial County, California.

This acquisition is being procured under Federal Acquisition Regulations Part 15, Contracting by Negotiation. Offerors are cautioned to carefully review the offer submission requirements contained in Section L and the evaluation criteria and standards contained in Section M. In order to be considered qualified for this work, offerors must fully address all evaluation factors. Reference Section L, paragraphs L.10 through L.12 for instructions and Section M, paragraph M.2 for evaluation factors and acceptability standards. The Government anticipates making award without discussions and will not seek clarifications or hold discussions.

In accordance with Federal Acquisition Regulations (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, this construction project is estimated to be between $100,000.00 and $250,000.00.

A site visit will be held prior to the proposal due date which will allow offerors to walk the site where construction will take place. Reference Section L.9, Site Visit (Construction). The site visit will be held on Thursday, May 12, 2016 at 9:00 a.m., PDT. Please contact Ms. Kelli Adams at kadams@usbr.gov prior to the day of the site visit, if you plan to attend. All attendees shall meet at 7301 Calle Agua Salada, Yuma, AZ 85364-9763

Offerors are urged and expected to inspect the site where service/construction is to be performed and to satisfy their selves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this solicitation to Kelli Adams via email kadams@usbr.gov no later than 4:00 P.M., local time, Friday, May 13, 2016. The subject line shall clearly reference the Solicitation Number associated with this solicitation. No other questions will be entertained after this date. All written questions will be addressed in an amendment on or about Tuesday, May 17, 2016.

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For date and place of receipt of offerors, see Standard Form 1442 (Solicitation, Offer and Award) in Section A: The place of receipt of offers is Bureau of Reclamation, Lower Colorado Regional Office, Acquisition and Assistance Management Office, P.O. Box 61470, Attn: Kelli Adams (LC-10204), Boulder City, NV 89006-1470; or for overnight delivery, 500 Date Street, Building 900, Boulder City, NV 89005.

For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" (2009 Edition as revised, with revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html) which is applicable to work under this contract, see clause WBR 1452.223-81 Safety and Health.

This notice states that Department's non-discrimination policy and encourages the same from its contractors, subcontractors, and lessors. With the exception of categories protected by law, compliance is voluntary and no extraordinary enforcement or protection mechanisms on the part of the Government are implied. 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.

Table of Contents

Document No.

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Document Title i

FOREWORD

TABLE OF CONTENTS i-ii

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

SECTION B – Supplies or Services and Prices B-1

B.1 Requirements B-1 B.2 Schedule of Supplies/Services B-2

SECTION C -- Descriptions and Specifications C-1

C.1 Statement of Work/Specifications/Work Statement C-1

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

SECTION E -- Inspection and Acceptance E-1

E.1 Clauses Incorporated By Reference E-1

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

SECTION G -- Contract Administration Data G-1

G.1 Authorities and Delegations G-1 G.2 Postaward Conference – Bureau of Reclamation G-1 G.3 Government Administration Personnel G-2 G.4 Contractor’s Administration Personnel G-2

SECTION H -- Special Contract Requirements H-1

H.1 Contractor Performance Assessment Reporting System H-1

SECTION I -- Contract Clauses I-1

I.1 Clauses Incorporated By Reference I-1 I.2 Equal Opportunity for Veterans I-3 I.3 Equal Opportunity for Workers with Disabilities I-4 I.4 Buy American Act – Construction Materials I-4 I.5 Bid Guarantee I-7 I.6 Specifications and Drawings for Construction – Alternate II I-7 I.7 Subcontracts for Commercial Items I-8 I.8 Authorized Deviation in Clauses I-9 I.9 Restriction on Endorsements I-9 I.10 Release of Claims I-9 I.11 Examination for Records by the Department of the Interior I-9 I.12 Privacy Act Notification (deviation) I-10 I.13 Liability Insurance I-10 I.14 Prohibition Against Use of Lead-Based Paint – Department of the Interior I-10 I.15 Safety and Health – Bureau of Reclamation I-10 I.16 Payment for Mobilization and Preparatory Work – Bureau of Reclamation I-11 I.17 Security Requirements--Bureau of Reclamation I-13 I.18 Electronic Invoicing and Payment Requirements-Internet Payment Platform (IPP) I-18 I.19 Key Personnel and Facilities-Lower Colorado Region I-19 I.21 Safety Data Submittal Requirements-Lower Colorado Region I-19

Table of Contents

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

SECTION K – Representations, Certifications and Other Statements of Offerors K-1

K.1 Annual Representations and Certifications K-1 K.2 Information Regarding Responsibility Matters K-4 K.3 Organizational Conflict of Interest-Bureau of Reclamation K-5

SECTION L – Instructions, Conditions and Notices to Offerors L-1

L.1 Provisions Incorporated by Reference L-1 L.2 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR PART 101-29 L-1

L.3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

L-2

L.4 Type of Contract L-4 L.5 Construction Wage Rate Requirements – Secondary Site of the Work L-4 L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction L-4

L.7 Notice of Buy American Requirement – Construction Materials L-5 L.8 Service of Protest L-6 L.9 Site Visit – Construction – Alternate I L-7 L.10 Authorized Deviations in Provisions L-7 L.11 Use and Disclosure of Proposal Information – Department of the Interior L-7 L.12 General Proposal Instructions – Bureau of Reclamation L-8 L.13 Technical Proposal Instructions – Bureau of Reclamation L-9 L.14 Pricing Proposal Instructions – Bureau of Reclamation L-12 L.15 Instruction for Mobilization and Preparatory Work Schedule Line Items – Bureau of

Reclamation L-14

SECTION M – Evaluation Factors for Award M-1

M.1 Provisions Incorporated by Reference M-1 M.2 Evaluation Factors for Award – Quality Predominance – Bureau of Reclamation M-1

Part I – Section B – Supplies or Services and Prices/Costs

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 THE REQUIREMENTS - NEGOTIATION

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

(b) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable. Discussions may be held to maximize the Government’s ability to obtain the best value.

(c) Offerors shall complete the schedule(s) in Section B and furnish any additional information required in Section B, as applicable.

(d) 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.

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

(f) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for

CLIN 1.

(g) Definitions:

(1) CLIN - Contract Line Item Number.

(h) IMPORTANT NOTE: The requirement for submission of performance and payment bonds is applicable for construction in excess of $100,000.

Part I – Section B – Supplies or Services and Prices/Costs

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B.2 THE SCHEDULE

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

1 WBR

1452.232-81

Mobilization and Preparatory Work

For the lump sum of $

2 35 21 93 Expansion Joint Replacement For the lump sum of $

3 35 21 93 Penstock Interior Non-hazardous Coatings Removal

114 ft2 $ $

4 35 21 93 Penstock Interior Hazardous Coatings Removal

114 ft2 $ $

5 35 21 93 Penstock Exterior Hazardous Coatings Removal

114 ft2 $ $

6 35 21 93 Recoat Penstock Interior 114 ft2 $ $

7 35 21 93 Recoat Penstock Exterior 114 ft2 $ $

8 35 21 94 Steel Pipe at Air Valves For the lump sum of $

TOTAL FOR PRICE SCHEDULE $_________________

Part I – Section C – Description/ Specifications/ Statement of Work

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

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

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Part I – Section D – Packaging and Marking

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SECTION D – PACKAGING AND MARKING

(There is no additional information in this section)

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Part I – Section E – Inspection and Acceptance

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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

FAR Clauses - https://www.acquisition.gov/far/ DOI Clauses - http://www.doi.gov/pam/aindex.html Reclamation Acquisition Regulations (RAR) clauses - http://www.usbr.gov/mso/aamd/resources.html

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

Clause Title Date 52.246-12 Inspection of Construction April 1996

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Part I – Section F – Deliveries or Performance

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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

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

52.211-18 Variation in Estimated Quantity April 1984 52.242-14 Suspension of Work April 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 10 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 from receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

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Part I – Section G – Contract Administration Data

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

G.2 1452.242-80 POSTAWARD CONFERENCE - BUREAU OF RECLAMATION JULY 1993

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project

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Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) 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.

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

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

Kelli Adams, Contract Specialist (LC-10204) Bureau of Reclamation P.O. Box 61470 Boulder City, NV 89006-1470 Phone No.: 702-293-8363 Facsimile No.: 702-293-8332 E-mail: kadams@usbr.gov

Virginia Toledo, Contracting Officer (LC-10401) Bureau of Reclamation 7301 Calle Agua Salada

Yuma, AZ 85364 Phone No.: 928-343-8136 Facsimile No.: 928-343-8568 E-mail: vtoledo@usbr.gov

G.4 CONTRACTOR’S ADMINISTRATION PERSONNEL

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

Name: ____________________________ Address: __________________________

City/State/Zip: ______________________ Phone No.: ________________________ Facsimile No.: ______________________ E-mail: ____________________________

G.3 GOVERNMENT ADMINISTRATION PERSONNEL

Part I – Section H – Special Contract Requirements

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DOI-AAAP

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM

JULY 2010

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

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

(c) We request that you furnish to Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firms'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.

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(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.

Part II – Section I – Contract Clauses

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SECTION I – CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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

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

52.202-01 Definitions November 2013 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees May 2014 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 Requirement to Inform Employees of Whistleblower Rights

April 2014

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)

March 2015

52.204-02 A2 Security Requirements – Alternate II August 1996 52.204-04 Printed or Copied Double-Sided on Post Consumer Fiber Content

Paper May 2011

52.204-09 Personal Identity Verification of Contractor Personnel January 2011 52.204-10 Reporting Executive Compensation and First - Tier Subcontract

Awards October 2015

52.204-13 System for Award Management Maintenance July 2013 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.209-06 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment October 2015

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 November 2011 52.219-08 Utilization of Small Business Concerns October 2014 52.219-14 Limitations on Subcontracting November 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards – 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

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52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-34 Project Labor Agreement May 2010 52.222-37 Employment Reports on Veterans February 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 October 2015 52.222-55 Establishing a Minimum Wage for Contractors December 2015 52.223-02 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts September 2013

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 52.223-15 Energy Efficiency in Energy-Consuming Products December 2007 52.223-18 Encouraging Contractor Policies to Ban text Messaging While

Driving August 2011

52.223-19 Compliance with Environmental Management Systems May 2011 52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-01 Authorization and Consent December 2007 52.227-02 Notice And Assistance Regarding Patent And Copy Infringement December 2007 52.227-04 Patent Indemnity-Construction Contracts December 2007 52.228-02 Additional Bond Security October 1997 52.228-05 Insurance - Work On A Government Installation January 1997 52.228-11 Pledges of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds 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 52.232-17 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 Subcontractor December 2013 52.233-01 Disputes May 2014 52.233-03 Protest After Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.236-02 Differing Site Conditions April 1984 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 52.236-05 Material and Workmanship April 1984 52.236-06 Superintendence by the Contractor April 1984 52.236-07 Permits and Responsibilities November 1991

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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 – Alternate 1 November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-17 Layout of Work April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-04 Changes June 2007 52.243-06 Change Order Accounting April 1984 52.244-02 Subcontracts October 2010 52.246-21 A1 Warranty of Construction (March 1994) – Alternate I April 1984 52.248-03 Value Engineering-Construction October 2015 52.249-02 A1 Termination for Convenience of the Government (Fixed-Price)

(April 2012) - Alternate I September 1996

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-01 Computer Generated Forms January 1991 1452.201-80 Authorities and Limitations – Bureau of Reclamation July 1993 1452.223-80 Asbestos-Free Warranty--Bureau of Reclamation October 1992 1452.223-82 Protecting Federal Employees and the Public from Exposure to

Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation

October 1998

1452.228-84 Certification of Representatives for Corporate Surities – Bureau of Reclamation

September 1996

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

July 1998

1452.236-84 Preservation of Cultural Resources--Bureau of Reclamation February 2000 1452.243-80 A4 Modification Proposals--Bureau of Reclamation (December 2001)

– Alternate IV July 1998

I.2 52.222-35 Equal Opportunity for Veterans OCTOBER 2015

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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I.3 52.222-36 Equal Opportunity for Workers with Disabilities JULY 2014

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.4 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 section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products.

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

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

"Cost of components" means-

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

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

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"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 Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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 Act 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 Act 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 Act. (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;

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(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program.

(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).

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I.5 52.228-01 Bid Guarantee SEPTEMBER 1996

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

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 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.6 52.236-21

A2

SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

– ALTERNATE 2

FEBRUARY 1997

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words “directed,” “required,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the “direction,” “requirement,” “order,” “designation,” or “prescription,” of the Contracting Officer is intended and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import shall mean “approved by,” or “acceptable to,” or “satisfactory to” the Contracting Officer, unless otherwise expressly stated.

(c) Where “as shown,” “as indicated,” “as detailed,” or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place,” that is “furnished and installed.”

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

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(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government’s reasons therefor. Any work done before such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) of this clause.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish 3 sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

I.7 52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS FEBRUARY 2016

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause52.222- 40.

(x)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C.