R16PS00391_Solicitation_7-22-16.pdf

Solicitation No. R16PS00391 Contract No.

Total Small Business Set Aside Construction Acquisition

Strand Avenue Bridge Replacement

Yuma, Arizona

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

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FORWARD

The project involves replacing the existing bridge that crossed the Main Outlet Drain Extension at Strand Avenue located approximately one mile west of the Yuma Desalting Plant with a dual box concrete culvert.

The Bureau of Reclamation will be responsible for furnishing the pipe material needed to construct a temporary bypass around the construction site. The contractor will be responsible for constructing the temporary bypass, removing the existing pre-casted bridge, demolishing the canal lining where the new box culvert will be constructed, installing the new concrete box culvert, either pre-cast or cast-in-place, installing the new transitions, bringing grades back to pre-construction elevations, repaving Strand Avenue, installing new w-beam guardrails, and traffic control during the project duration.

WBR 1452.222-901 NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE INTERIOR

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

COLORADO REGION (DEC 1999)

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

This acquisition is being procured under Federal Acquisition Regulations Part 14, Sealed Bidding, and is issued as an Invitation for Bid (IFB) – Sealed Bid. Participation is restricted to Total Small Business Set Aside.

SITE VISIT

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for August 3, 2016, at 9:00 A.M. MST.

(c) Please contact Ms. Octavia Cross at ocross@usbr.gov prior to the day of the site visit, if you plan to attend. (d) Participants will meet at 7301 Calle Agua Salada, Yuma, AZ 85364-9763.

Attendance at the conference and site visit is not mandatory but is highly recommended. Failure by prospective bidders to inspect the site will not relieve prospective bidders from the responsibility of properly estimating the difficulty or cost of successfully performing the work in accordance with the contract requirements.

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.

QUESTIONS

Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this solicitation to Ms. Octavia Cross via email ocross@usbr.gov no later than 4:00 P.M., local time, Monday, August 15, 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 Friday, August 19, 2016.

http://www.usbr.gov/ssle/safety/RSHS/rshs.html mailto:ocross@usbr.gov

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ADDRESS FOR PROPOSALS

Please send all proposals, with required copies, to the following addresses:

Overnight Mail/Physical Delivery address: Postal Address:

Bureau of Reclamation Bureau of Reclamation Lower Colorado Region Lower Colorado Region Attn: Octavia Cross Attn: Octavia Cross

LC-10304 LC-10304

P.O. Box 61470 500 Fir Street Boulder City, NV 89006 Boulder City, NV 89005

STATEMENT OF MAGNITUDE

The statement of magnitude for this project is between $500,000 and $1,000,000.

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TABLE OF CONTENTS

FORWARD – Information for Contractors FWD FWD Information for Contractors FWD

SECTION A – Solicitation Offer and Award A-1

SECTION B – Supplies or Services and Prices B-1

B.1 The Requirements B-1 B.2 The Schedule B-1

SECTION C – Descriptions and Specifications C-1

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

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

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

SECTION F – Deliveries or Performance F-1

F.1 Clauses By Reference F-1 F.2 Commencement, Prosecution, and Completion of Work F-1

SECTION G – Contract Administration Data G-1

G.1 Authorities and Delegations G-1 G.2 Postaward Conference – Bureau of Reclamation G-2 G.3 Government Administration Personnel – Bureau of Reclamation G-2 G.4 Contractor’s Administration Personnel – Bureau of Reclamation G-2 G.5 Invoice Submission Requirements G-2

SECTION H – Special Contract Requirements H-1

H.1 Authorized Workers Notice to Potential Bureau of Reclamation Contractors H-1 H.2 Contractor Performance Assessment Reporting System H-2

SECTION I – Contract Clauses I-1

I.1 Clauses By Reference I-1 I.2 Updates of Publicly Available Information Regarding Responsibility Matters I-3 I.3 Equal Opportunity for Veterans I-4 I.4 Equal Opportunity for Workers with Disabilities I-4 I.5 Buy American Act – Construction Materials I-4 I.6 Bid Guarantee I-8 I.7 Providing Accelerated Payments to Small Business Subcontractors I-8 I.8 Specifications and Drawings for Construction I-8 I.9 Subcontracts for Commercial Items I-10 I.10 Authorized Deviations In Clauses I-11 I.11 Restriction on Endorsements I-11 I.12 Release of Claims I-12 I.13 Liability Insurance I-12 I.14 Safety And Health--Bureau Of Reclamation I-12 I.15 Payment For Mobilization And Preparatory Work I-13 I.16 Security Requirements I-15 I.17 Safety Data Submittal Requirements I-24

SECTION J – List of Documents, Exhibits and Other Attachments J-1

J.1 Applicability of Documents – Bureau of Reclamation J-1

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J.2 List of Contract Documents – Bureau of Reclamation J-1

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

K.1 Annual Representations and Certifications K-1 K.2 Incorporation by Reference of Representation and Certifications K-4 K.3 Information Regarding Responsibility Matters K-4

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

L.1 Provisions 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, Standards, and Data Item Descriptions

Listed in the Acquisition Streamlining and Standardization Information System

(ASSIST). L-2

L.4 Type Of Contract L-2 L.5 Construction Wage Rate Requirements--Secondary Site of the Work L-2 L.6 Notice Of Requirement For Affirmative Action To Ensure Equal Employment Opportunity For Construction L-3 L.7 Notice of Buy American Act Requirement – Construction Materials L-4 L.8 Site Visit (Construction) Alt I L-5 L.9 Authorized Deviations In Provisions L-5 L.10 Use And Disclosure Of Proposal Information – Department Of The Interior L-5 L.11 Service Of Protest -- Department Of The Interior (Deviation) L-6 L.12 Instruction for Mobilization and Preparatory Work Schedule Line Item – Bureau of Reclamation L-7 L.13 Address for Proposals L-7

SECTION M – Evaluation Factors for Award M-1

M.1 Provisions By Reference M-1 M.2 Contract Award – Sealed Bidding - Construction M-1

Section A Solicitation, Offer and Award

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Section B Supplies or Services and Prices

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SECTION B – SUPPLIES OR SERVICES AND PRICES

Continuation of

Section B-Supplies or Services and Price

B.1 PRICE SCHEDULE

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

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

(c) Quantities in the price schedule are estimated quantities for comparison of bids only. Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantities, 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.

(d) See the contract clause WBR 1452.232-81, Payment for Mobilization and Preparatory Work for CLIN 1.

(e) Definitions:

(1) CLIN – Contract Line Item Number

PRICE SCHEDULE

CLIN Supplies or Services Quantity and

Unit Unit Price Amount

1 Mobilization and Preparatory Work For the lump sum of $

2 Bonds For the lump sum of $

3 Install and remove temporary bypass and transitions

For the lump sum of $

4 Demolition of Existing Bridge and Canal Lining

For the lump sum of $

5 Box Culvert Structure and Transitions For the lump sum of $

6 Earthwork For the lump sum of $

7 Guardrails For the lump sum of $

8 Asphalt Replacement & Striping For the lump sum of $

9 Groundwater For the lump sum of $

10 Traffic Control 12 Weeks $ $

11 Demobilization and all other items not listed above

For the lump sum of $

TOTAL FOR SCHEDULE $_________________

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Section C Descriptions and Specifications

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SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT–

BUREAU OF RECLAMATION–LOWER COLORADO REGION

The Contractor shall provide and furnish all items, materials, tools, labor, transportation, consumables, and other equipment to facilitate the construction of the Strand Avenue Bridge replacement in Yuma, AZ in accordance with the attached Statement of Work/Specifications/Work Statement contained in Attachment No. 1 of this solicitation/contract.

Section C Descriptions and Specifications

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Section D Packaging and Marking

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SECTION D – PACKING AND MARKING

(There are no clauses in this section)

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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

Clause Title Date 52.246-12 Inspection of Construction August 1996 http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

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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

52.242-14 Suspension of Work April 1984

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

WORK

APRIL

The Contractor shall be required to (a) commence work under this contract within 14 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 days from notice to proceed. The time stated for completion shall include final cleanup of the premises and submission of all test results and as-builts.

The period of performance may be extended by the number of calendar days resulting from any Government delay in badging/security requirements. In the event the notice to proceed is delayed due to failure of the Contractor to provide required performance/payment bonds and insurance information, the performance period may be reduced.

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SECTION G

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SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 WBR 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 representatives(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 risk of the Contractor.

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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) A telephone conference line will be made available for the postaward conference.

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

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

G.3 GOVERNMENT ADMINISTRATION PERSONNEL – BUREAU OF

RECLAMATION – LOWER COLORADO REGION

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

Meagan R. Fyffe, Contracting Officer (LC-10300) Bureau of Reclamation P.O. Box 61470 Boulder City, NV 89006-1470 Phone No.: 702-293-8552 Facsimile No.: 702-293-8499 E-mail: mfyffe@usbr.gov

G.4 CONTRACTOR'S ADMINISTRATION PERSONNEL--BUREAU OF

RECLAMATION – LOWER COLORADO REGION

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

Name: _ Title:

Address: _ City/State/Zip: Telephone No.: _ Facsimile No.: _

G.5 ELECTRONIC INVOICING AND PAYMENT APRIL 2013

REQUIREMENTS-INTERNET PAYMENT PLATFORM (IPP)

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

Payment request means any request for contract financing payment or invoice 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 is: https://www.ipp.gov.

mailto:mfyffe@usbr.gov https://www.ipp.gov/

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

(1) Invoice (Construction); (2) Monthly Certificate of Labor Conformance; (3) Subcontractor/Supplier Payment Summary; and (4) Any additional documentation to substantiate each progress payment request and as required by the Contracting Officer or the Contracting Officer’s Representative.

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 SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via e-mail 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.

mailto:ippgroup@bos.frb.org

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SECTION H

Special Contract Requirements

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF

RECLAMATION CONTRACTORS

(a) Definitions.

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

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

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

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

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

(1) The Basic Pilot is a joint pilot being conducted by the INS and SSA in the States of California, Florida, Illinois, Nebraska, New York, and Texas. This pilot involves verification checks of the SSA and INS databases of all newly hired employees, regardless of citizenship. To receive information on the Basic Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981, or write to USINS, SAVE Program, 425 I Street, NW, ULLICO Building 4th Floor, Washington, DC 20536. You may also contact the Social Security Administration by calling (410) 966-1940, or writing to Social Security Administration, Office of Program Benefits Policy, 6401 Security Blvd., 760 Altmeyer, Baltimore, MD 21235.

(2) The INS is conducting the Citizen Attestation Pilot in the States of Arizona, Maryland, Massachusetts, Michigan, and Virginia. The Citizen Attestation Pilot permits participating employers to electronically verify the employment eligibility of newly hired alien employees by using a personal computer with a modem. To receive information on the Citizen Attestation Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981.

Employers may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

(3) The INS and the SSA are conducting the Machine-Readable Document Pilot in the State of

Iowa. The Machine-Readable Document Pilot is identical to the Basic Pilot in all respects, except for the http://uscis.gov/graphics/services/employerinfo/index.htm

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H-2 geographic scope of the pilot and for one additional feature. If an employee presents an Iowa's driver's license or identification card containing a machine-readable SSN, the employer will make an inquiry through the confirmation system by using the machine-readable feature. To receive information on the Machine-Readable Document Pilot program please call the INS SAVE Program toll free at 1-888-464- 4218, or fax your request for information to (202) 514-9981. You may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.

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

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

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

H.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM

(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 at this site.

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

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(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/..

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, block 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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

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

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

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Section I Contract Clauses

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SECTION I -- CONTRACT CLAUSES

I.1 52.252-2 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

52.202-1 Definitions November 2013 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government September 2006 52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions October 2010

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

April 2014

52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper

May 2011

52.204-10 Reporting Executive Compensation and First - Tier Subcontract Awards

October 2015

52.204-13 System for Award Management Maintenance July 2013 52.204-14 Service Contract Reporting Requirements January 2014 52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

October 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

November 2015

52.214-29 Order of Precedence—Sealed Bidding January 1986 52.219-6 Notice Of Total Small Business Set-Aside November 2011 52.219-8 Utilization of Small Business Concerns October 2014 52.219-14 Limitations On Subcontracting November 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation May 2014

52.222-6 Construction Wage Rate Requirements May 2014 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records May 2014 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015

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52.222-27 Affirmative Action Compliance Requirements for

Construction April 2015

52.222-34 Project Labor Agreement May 2010 52.222-35 Equal Opportunity for Veterans October 2015 52.222-36 Affirmative Action For Workers with Disabilities July 2014 52.222-37 Employment Reports 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 52.223-3 A1 Hazardous Material Identification and Material Safety Data

(Jan 1997) Alt I July 1995

52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 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 52.227-1 Authorization and Consent December 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement December 2007

52.227-4 Patent Indemnity--Construction Contracts December 2007 52.228-2 Additional Bond Security October 1997 52.228-5 Insurance - Work On A Government Installation January 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds--Construction October 2010 52.229-3 Federal, State And Local Taxes February 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

July 2013

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

December 2013

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

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-21 A2 Specifications and Drawings for Construction February 1997 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995

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52.243-4 Changes June 2007

52.245-1 Government Property April 2012 52.245-9 Use and Charges April 2012 52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering--Construction October 2015

52.249-2 A1 Termination for Convenience of the Government (Fixed- Price) - Alternate I

September 1996

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991

1452.201-80 Authorities and Limitations – Bureau of Reclamation July 1993 1452.223-80 Asbestos-Free Warranty – Bureau of Reclamation October 1992 1452.223-82 Protecting Federal Employees and the Public from

October 1998 1452.228-84 Certification of Representatives for Corporate Sureties -

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 Modification Proposals Alternate 4 (JUL 1998) - Bureau of Reclamation

December 2001

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING JULY

RESPONSIBILITY MATTERS 2013

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

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

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

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

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

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

(i) Past performance reviews required by subpart 42.15;

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

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

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

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

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

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

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

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

I.3 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCTOBER

(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 of identify properly the parties and their undertakings.

I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JULY

(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.5 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS MAY

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

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

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

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

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

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

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

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

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(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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(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:

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.6 52.228-1 BID GUARANTEE SEPTEMBER

(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.7 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS AUG

SUBCONTRACTORS (DEVIATION) 2012

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16 Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the…