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Amendment No. 0002
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(x)
R16PS00456
x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT
THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
Billings MT 59107
R60
PO Box 36900 Regional Office Great Plains Region Bureau of Reclamation
05/10/20160002
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
04/12/2016
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Project Title: Guernsey Dam North Spillway Gate Rehabilitation, North Platte Project, Wyoming
See attachment for changes incorporated by this amendment:
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
Gerri Voto-Braun
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR) 53.243
NSN 7540-01-152-8070
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
Amendment No. 0002 Solicitation No. R16PS00456
Description of Changes:
1. In Section I – Contract Clauses, remove page I-1 and I-2 and substitute therefor the attached revised page
I-1 and I-2.
2. In Section I – Contract Clauses, remove page I-5 and I-6 and substitute therefor the attached revised page I-5 and I-6.
3. In Section K – Representations, Certifications and Instructions, remove page K-5 and K-6 and substitute therefor the attached revised page K-5 and K-6.
4. In Part L – Instructions, Conditions and Notices to Bidders, remove page L-17 and L-18 and substitute therefor the attached revised page L-16 and L17.
Receipt of Proposals: The hour and date for receipt of proposals is hereby extended to 4:00 PM on June 7, 2016.
Questions received after close of business on May 26, 2016 will not be addressed
A list of questions from prospective contractors and their respective answers are attached to this amendment and are provided for informational purposes only. These are the questions received through May 13, 2016. Amendment No. 0003 will be issued next week providing the final questions and answers.
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
I-1 (Revised)
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 - http://www.acquisition.gov/far/
Clause Title Date 52.202-01 Definitions November 2013 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees May 2014 52.203-06 Restrictions On Subcontractor Sales To The Government September 2006 52.203-07 Anti-Kickback Procedures May 2014 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity May 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions October 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
April 2014
52.204-04 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper
May 2011
52.204-10 Reporting Executive Compensation and First - Tier Subcontract Awards
October 2015
52.204-13 System for Award Management Maintenance July 2013 52.204-14 Service Contract Reporting Requirements January 2014 52.209-06 Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment October 2015
52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters
July 2013
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.215-02 Audit and Records--Negotiation October 2010 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data August 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data –
Modifications August 2011
52.215-12 Subcontractor Certified Cost of Pricing Data October 2010 52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications October 2010 52.215-15 Pension Adjustments and Asset Reversions October 2010 52.215-17 Waiver of Facilities Capital Cost of Money October 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions July 2005
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data--Modifications
October 2010
52.219-04 Notice of Price Evaluation Preference for HUBZone Small Business Concerns
October 2014
52.219-08 Utilization of Small Business Concerns October 2014 52.219-09 Small Business Subcontracting Plan October 2015 52.219-16 Liquidated Damages-Subcontracting Plan January 1999 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
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
I-2 (Revised)
52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records May 2014 52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and
Related Regulations.
May 2014
52.222-14 Disputes Concerning Labor Standards 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 52.222-35 Equal Opportunity for Veterans October 2015 52.222-36 Affirmative Action For Workers with Disabilities July 2014 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 52.223-03 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 52.223-09 Estimate of Percentage of Recovered Material Content for EPA
Designated Items May 2008
52.223-17 Affirmative Procurement of EPA - Designated Items in Service and Construction Contracts
May 2008
52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving
August 2011
52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-01 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 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-33 Payment by Electronic Funds Transfer—System for Award
Maintenance July 2013
52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors December 2013
52.233-01 A1 Disputes - Alternate I December 1991 52.233-03 Protest After Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
I-5 (Revised) officer in accordance with Subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.
(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp
CLAUSE DELETED
I.9 52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCTOBER 1997
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
I.10 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DECEMBER 2015
(a) Definitions. As used in this clause–
“United States” means the 50 states and the District of Columbia.
“Worker” –
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and—
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
I-6 (Revised)
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order Minimum wage rate.
(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.
minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
K-5 (Revised)
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
K.4 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITES ENGAGING
WITH CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO
IRAN – REPRESENTATION AND CERTIFICATIONS
OCTOBER 2015
(a) Definitions. As used in this provision—
“Person”—
(1) Means—
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror—
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
K-6 (Revised) the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and
(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.
K.5 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS
DECEMBER 2014
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
L-17 (Revised)
(6) Reserved
(7) Reserved
(8) Reserved
(d) Cost/Price Information. To permit objective evaluation of the technical proposal, no cost or price information shall be included in the technical proposal.
(e) Reserved.
L.20 WBR
1452.215-83
PRICING PROPOSAL INSTRUCTIONS -- BUREAU OF RECLAMATION JANUARY 1998
(a) General. The pricing proposal shall be identified as Volume III of the offeror's proposal and shall be an orderly, specific, and complete document in every detail. It should be a coherent document free of internal inconsistencies and should be consistent with the technical approach(es) proposed in the technical proposal (Volume II). Offerors are hereby notified that even though cost or pricing data are not initially requested in this solicitation, the Contracting Officer reserves the right to request such data if they are later found necessary pursuant to FAR 15.403-5(a)(1).
(b) Use and Disclosure of Proposal Information. In accordance with the Use and Disclosure of Proposal Information -- Department of the Interior provision of this solicitation, offerors shall mark trade secret or confidential commercial or financial information contained in the proposal with the restrictive legends specified. The offeror shall also clearly and separately mark all proprietary information (as defined in FAR 3.104-3 contained in the proposal with the restrictive legend "Proprietary Information."
(c) Format and Content. To assist in the uniform evaluation of proposals, the following format shall be utilized in preparing the pricing proposal:
(1) Table of contents. The Table of Contents shall list all sections of the pricing proposal. Any modifications or revisions to the proposal, up to the date of agreement on price, shall include an updated Table of Contents;
(2) Index. The index shall cross reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M of this solicitation;
(3) Enclosures. A list shall be included of all enclosures, attachments, tables, drawings, charts, and any other material which summarize data or information contained or referenced in the pricing proposal.
(4) Pricing proposal breakdown. The offeror shall submit Section B of the contract Schedule (Part I of this solicitation) with its proposed total prices/costs for each contract line item (including any options) and proposed unit price(s), if required. In addition, a total proposed price consisting of the sum of all contract line items (excluding options) shall be submitted. Offerors are hereby notified that even though additional data to support proposed prices are not initially requested in this solicitation, the Contracting Officer reserves the right to request such data if they are later found necessary.
(d) Cost Information in Other Volumes. No cost information shall be included in any other volume of a proposal unless required by paragraph (d) of the Technical Proposal Instructions -- Bureau of Reclamation provision of this solicitation.
(e) Page Numbering. All pages in the cost proposal should be consecutively numbered (including pages with tables and exhibits). The offeror shall clearly identify all exhibits and supporting information.
(f) Rounding of Costs. All price or cost amounts proposed shall be expressed to the nearest whole dollar except for individual hourly labor rates (if required). All percentages shall be expressed to one decimal place.
(g) Alternate Proposals. If submission of alternate technical proposals is permitted by the General Proposal Instructions -- Bureau of Reclamation provision of this solicitation, the offeror shall submit a separate, detached pricing
Guernsey Dam North Spillway Gate Rehabilitation Solicitation No. R16PS00456
L-18 (Revised) proposal conforming to the requirements of this provision for each alternate submitted. The alternate pricing proposal(s) shall be clearly labeled and identified.
L.21 WBR
1452.233-82
NOTICE OF PROPOSED PARTNERING--BUREAU OF RECLAMATION MAY 1994
Reclamation policy is to try to resolve all contractual issues in controversy by mutal agreement through the use of an appropriate alternative disputes resolution process. Thus to most effectively complete the work required under the future contract, the Bureau of Reclamation proposes to mutually form a voluntary Partnering arrangement with the Contractor. This bilateral relationship would strive for mutual trust, dedication to common goals, and a understanding of each other's individual expectations and values. The expected benefits would include improved efficiency, cost effectiveness and innovation between all parties to ensure a quality deliveryable that is completed on time and within budget. Any cost associated with implementing this Partnering arrangement will be agreed to by both parties and will be shared equally, with no change in contract price. Additional information on Partnering and suggested implementation procedures are contained in the Bureau of Reclamation "Partnering" guide book, that is available from the contracting officer.
L.22 WBR
1452.236-85
INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK
SCHEDULE LINE ITEM--BUREAU OF RECLAMATION
MAY 2000
The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line item should not exceed 5% of the total bid price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the percentage stated herein.
L.23 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING NOVEMBER 2014
(a) Definition. As used in this provision –
“Commercial and Government Entity (CAGE) code” means –
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via–
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM
Contractor Questions -1
Prospective Contractor Questions Guernsey Dam North Spillway Gate Rehabilitation
Solicitation No. R16PS00456
1) Sheet 5 details 10” holes to be cut in the gate leaves. The specifications require “clean cut”. Could you expand on “clean cut.” Would a torch cut with final grinding to a relative smooth surface be acceptable or is a machine cut hole anticipated? Do the edges have to be softened on both sides regardless of the cutting technique?
Holes are to be round, and the edges are to be smooth on both sides to appear neat in appearance and to facilitate proper coating. Torch cut is acceptable if ground smooth.
2) Please reference specification section 35 23 50, page 7. Section 35 23 50, Paragraph 2.02.D.1 requires 138 upper roller pins, 1 ½” x 16 ½”. Section 35 23 50, Paragraph 2.02.I.3 requires 138 roller pins. Are these the same pins or are there a total of 276 pins required?
These are the same pins. A total of 138 pins are required.
3) Please reference Drawing 20-D-1623, and specification section 35 23 50, page 3. Section 35 23 50, Paragraph 1.04.D require survey location of rebar prior to installing anchor bolts. What is the remedy if there is a conflict with the rebar and holes? Is the intent to avoid rebar with 1” x 12” anchors and then modify the hole locations shown on the seal plate drawings to fit the new anchor bolt layout? If this is the necessary procedure, can the hole tolerance be increased to greater than 1/8”? Is there any need to be concerned about grout leaks at the bolt hole locations?
If there is a conflict between the rebar and holes, the bolt hole locations can be adjusted. The bolt hole tolerance may be increased up to 1/8-inch. Any grout that leaks outside of the skin plate shall be removed.
4) Please reference Division 03 Concrete, Section 03 62 20 Non Shrink Grout. This specification seems to refer to hand placed grout in lieu of pressure pumped grout. Could you provide more details on the grout requirements?
Updates to specification section 03 62 20 will be addressed in a subsequent amendment.
5) Please reference specification section 35 23 50, Paragraph 2.03.B, page 8. This section specifies the side seal material. I do not see any detail on the transition between the vertical molded unit and the bottom seal. Is it the intent that the side seal will provide adequate leak protection at the transition from the molded side seal to the bottom seal? NOTE: The plant operator at the Site Visit confirmed that the bottom seal is currently water tight. The seal material is unknown. Can this be confirmed?
The side seal shall be independent and separate from the bottom seal. The side seal must transition or be extended 1/8-inch to ¼-inch to seal the bottom of the side seal. The bottom seal of the gate is assumed to be the metal-on-metal, with the gate resting on the embedded beam as shown on drawings 20-D-370 and 20-D- 459.
6) Section 35 23 50, Paragraph 2.02.J.1 references stainless steel rollers. Section 35 23 50, Paragraph 3.03.E.3.b. states the Government supplies 30. Is the contractor liable for additional rollers?
The Bureau believes that the available stainless-steel rollers, 30 in total, will be sufficient for the required repairs. If actual field conditions require additional rollers, the Contracting Officer will issue a modification for the additional rollers.
7) Section 35 23 50, Paragraph 2.02.K.1 refers to manganese bronze shafts. Are these the same as “roller pins”? How many are required?
Yes, these are the same as the roller pins; and 138 are required. Refer also to the answer provided for question no. 2.
Contractor Questions -2
8) Section 35 23 50, Paragraph 2.02.K.2 references drawing 20-D-248. Can you provide that drawing?
The correct drawing number is 20-D-458, which is currently in the drawing set. This will be corrected in a subsequent amendment.
9) Is there any history of previous repair of the roller trains? Particularly in reference to the dismantling of the roller ways from the gate, roller way connector bolts could be seized resulting in breakage during removal. In this event the remaining bolt would require drilling and possibly require oversizing and rethreading of the bore. Can you offer any insight?
Some work has been completed in the past on the lower roller trains – but records do not detail the dismantling of the roller ways from the gate. There are no records of the work being done to the upper roller trains. The offeror should assume there are some seized bolts as the roller trains and roller ways are being removed from the gate. Any bolts broken during removal shall be removed, and if necessary oversize the original hole, and replace. Given the age of the structure, repair of broken bolts should be considered incidental to the various CLIN items.
10) Please reference Specification Section 35 23 50, Paragraph 3.03.B. In Subparagraph 2 there is a reference to repair of “rivets in the portion of the gate to be to be retained.” Is there any portion of the gate containing rivets that is to be disposed of?
The entire gate will be retained; no portion of the gate will be removed and disposed.
11) Please reference Specification Section 35 23 50, Paragraph 3.03.B. Does the Bureau of Reclamation have a procedure in mind to determine the 75% of original metal thickness or is this to be determined by a contractor method? Also, since there is no opportunity to inspect the gate, the contractor has no reliable basis to allow for this repair. Would you consider a per each bid item or some other form of unit costs for this procedure?
The contractor shall choose the method for determining metal thickness, subject to COR’s approval. In locations where the Bureau considers a repair warranted to maintain the structural integrity of the gate and structure, the additional repairs will be paid for under the original CLIN. The actual quantity will be adjusted in accordance with FAR Clause 52.211-18 Variation in Estimated Quantities.
12) Please reference Specification Section 35 23 50, Paragraph 3.03.D.2.d. This requires examination of the roller way castings joints. If evidence of “crevice corrosion at the joints” is evident, do you have a general idea as to the magnitude of “corrosive evidence” that would necessitate additional disassembly and repair? This also includes the body bound bolt and nuts.
The requirements of the specification is to look for damage that may lead to greater damage and or failure of the part. This would include body bound nuts and bolts. Rust forming in cracks and joints would necessitate repairs.
13) Please reference Section 35 23 50, Page 17. Paragraph 3.b requires replacement of thirty 8” x 4” S.S.
rollers provided by the Government. “Additional rollers may be required.” Will these be paid with and equitable adjustment?
If additional rollers are required, this will be addressed by modification from the Contracting Officer.
14) Please reference Section 35 23 50, Paragraph 3.03.F.1 on Page 17. At the Site Visit, the plant operators indicated that the gate bottom seal does not leak. Does the Government have a procedure in mind to attain a clearance to 0.005 inch? There is no additional information as to the sill material or the gate contact material. Plans indicate a 12” beam embed at the bottom seal. This is a tight specification on an existing gate that appears to function properly. The paint specification allows 20-32 mils. That would put the 0.005” requirement out of specification tolerance. Is this seal edge to be coated? Please reference Note 3 that is part of Tabulation No. 1 in the Coatings Specification (09 96 20) that indicates that “mating surfaces” are not to be coated. If the bottom seals properly now, what effort does the contractor have to
Contractor Questions -3 provide to meet a specified clearance of 0.005”? Would you consider a modification of this requirement or clarification as to your intent?
The requirements of the specification is to inspect the bottom seal for damage. If the Bureau determines the existing condition is satisfactory, no further work is to be done on the bottom seal; and the contractor will not be liable for any leakage through the bottom seal. If repairs are necessary, this will be addressed by modification from the Contracting Officer. Specification Section 35 23 50 requirements will be revised in a subsequent amendment.
15) The side seal effectiveness will be somewhat determined by the head of water and resultant pressure. The seal pressure without water head is determined by the deflection pressure of the seal component. This could result in an adequate seal at the lower sections and leakage near the top depending on water levels. Is this seal designed to be leak free at minimal water head? Please reference Section 35 23 50, Paragraph 3.07 which outlines the requirements for the operational tests.
The requirements of the specification is to have the side seal effectiveness evaluated in dry conditions with the standard light test and feeler gauge to ensure there are no gaps greater than 0.005-inch. Specification Section 35 23 50 requirements will be revised in a subsequent amendment.
16) Please reference Section 35 23 50, Paragraph 3.07.E. Assuming that all unloaded tests are performed satisfactorily, it seems unreasonable to hold the contractor liable for any binds or vibrations under loaded conditions. NOTE: During the site visit it was apparent that the gate showed considerable vibration under the current conditions as the water is released. Would you consider rewording this requirement?
The vibrations noted during the site visit are considered hydro-dynamic vibrations caused by the force of the water passing through the gate opening. The contractor will not be responsible for these vibrations.
The contractor will be held responsible for excessive vibrations and shuttering caused by the roller and or the roller trains not rotating, or binding caused from work performed on the gate.
17) Also, a leakage test will be limited by the lake elevation at the time of cofferdam removal with a maximum of 10’ – 0” of head. The two gallon and five gallon per minute test will be difficult to measure accurately and will only be applicable to the extent of the depth of the lake water. Is the intent to flood the area prior to the cofferdam removal for testing? If so, to what elevation, keeping in mind the lake elevation limits the test levels. Can you offer clarification on the testing requirements?
Refer to the answer provided for question nos. 14 and 15.
18) Can you provide more information on the dredging and trash removal requirements at the bypass structure? Is the intent to float a dredge on the lake to perform excavation?
Photographs of the material in front of the gate house and trash rack on the south side of the reservoir are provided as part of this amendment. The requirements of the specifications for the material removal is to have the river flow through the intake gate thus reduce unwatering efforts at the north gate structure. The contractor will be responsible to choose his means and methods to accomplish this re-routing of the river flow. The approximate elevation of the river elevation shown in the pictures is 4372 feet.
19) Please reference the Quality Procedure specification section, 01 46 00. This section is specific to establishing a quality control program, utilizing a project specific quality control supervisor, and requiring the contractor generation of reports and test results. The specification is detailed in terms of what is required for quality control but is not specific to the project and requirements of the contract. Can the Government provide clarification of what scope of work this specification section applies to? The individual specification sections for the paint and gate rehabilitation seem to capture the specific quality control requirements for that portion of the project. Depending on the Government’s clarification to this question, is it acceptable to utilize the contractors Superintendent as the quality control supervisor?
Quality control is more than achieving a specific requirement. The requirements of this section require the contractor to provide a description of the program they intend to follow to achieve the specified results for
Contractor Questions -4 all definable features of work. The contractor will need to submit the qualifications and experience of the quality control supervisor for review and approval.
20) Please reference Section 01 55 20, Paragraph 3.01.B. This requires that the traffic control plan be designed by a professional engineer registered in the State of Wyoming. Typically, a traffic control plan has to be designed by a certified traffic control company per MUTCD. If the design is completed by a certified traffic control company, is it necessary that a PE perform the design or stamp the plan?
Removal of the requirement for the design to be completed by a professional engineer registered in the State of Wyoming will be addressed in a subsequent amendment.
21) Paragraph 1.05 requires the contractor to designate an employee as a Traffic Control Supervisor that has 2 years of experience for construction similar in nature to that required in this contract. Typically, we hire a traffic control company to design, supply, and install the traffic control measures. During construction, our project Superintendent is then responsible to maintaining the traffic control. Is this approach acceptable?
Yes.
22) The Geomembrane specification section 31 32 36 requirements seem to apply more to a permanent installation of geomembrane. Specifically, there are requirements for certified test results, samples, master welder qualifications, trial seems, testing, destructive testing, air pressure testing, vacuum testing, air lance testing, etc. Is it the Government’s intent to require these items for a temporary use application?
Yes, the requirements of Section 31 32 36 will remain as issued.
23) The wage determination does not contain wage information for a crane operator or a painter. Can these be provided?
Contractors will need to survey the local area (county or even neighboring counties) to ascertain what crane operators and painters are being paid. Then upon award of the contract, the successful contractor will submit a Standard Form 1444 Request for Authorization of Additional Classification and Rate to the Contracting Officer identifying the rate and fringe they are proposing for each labor classification. If the CO is in agreement with your proposed rates and fringe, it is then forwarded to the Department of Labor Wage and Hour Division for conformance. The CO will notify the contractor of DOL’s determination.
24) The PPQ form references Glen Elder Dam.
The Past Performances Questionnaire was revised by Amendment No. 0001.
25) Please confirm that cost information is not required to be submitted with the proposal per L.20 (c) (4) , Page L-17. (This seems to conflict with L.19 (d) on page L-17.)
As indicated by WBR 1452.215-83, paragraph (4) contractors are required to submit a pricing proposal breakdown. Offerors shall use the Continuation of Section B – Supplies or Services and Prices/Costs for submitting this information. No cost information shall be included in Part II – Technical Proposal. This will be clarified by subsequent amendment.
26) Please confirm that the contractor is responsible for including State and Local sales taxes in the proposal to the Government.
See FAR Clause 52.229-03 Federal, State and Local Taxes for taxes that shall be included in the contract price.
27) Drawing #16 (20-D-459) does show the bottom gate seal detail. The question remains: How is the existing bottom gate seat to be addressed? How are pits and corrosion to be repaired? Is the gate seal contact to be painted? Do you have any information as to the current condition of the seal as this is exposed to inspection when the gate is in a full closed condition? Sheet #17 indicates steel on the parts list.
Contractor Questions -5
The condition of the bottom gate seal is unknown at this time. If pits and corrosion are present, weld fill the pits, grind smooth. Refer also to the answer provided for question no. 14.
28) It seems improbable that through 90 years of exposure to air and water there is not pitting and rust deterioration. However, there appears to be minimal leakage. The requirement to mill these surfaces to 0.005” in the field will be costly. Is this the intent of the contract documents?
Refer to the answer provided for question no. 14.
29) The deflector plate is 50’-0” long and is shown as a single piece. This piece has 65 each 1” x 12” epoxy grouted anchors. Seven are in the floor and fifty-eight at the wall. The anchors would normally be installed after the plate is in place, however rebar location may require relocation of the plate holes. Can the anchor bolt holes be drilled and installed after the seal plate is in place irregardless of any realignment of holes to avoid rebar?
Yes.
30) To compound the fit, there are another 100 existing 7/8” holes to be matched on the brace angles. Due to the gate location, these are “blind” holes and are not visible. Drawing 20-D-457 indicates the original seal components were assembled in roughly 10’ sections. Can the new seal plate be installed in sections? This would require field seal welds.
Yes. The seal plate can be assembled in place with full penetration welds. The Bureau is reviewing the current specifications sections to ensure that welding requirements are adequately covered. This may be addressed in a subsequent amendment.
31) As shown, the seal plate and bottom attachment angle cannot be physically fit in place with all imbedded anchors installed.
The seal plate can be assembled in place with full penetration welds. Refer also to the answer provided for question no. 30.
32) It appears that it will be necessary to remove the roof of the machinery room structure, in order to provide lifting to remove the roller chains up off of their drive gears for repairs. Provide any drawings of the machine room structure including asbuilt drawings.
The Bureau does not intend for the contractor to remove the roof; as such the requested drawings are not necessary.
33) Provide photos & drawings of upper gear assembles that raise/lower the gate chains.
The chains are not intended to be removed; as such the requested photographs and drawings are not necessary.
34) Provide the weight & length of the roller chains.
The chains are not intended to be removed; as such the requested information is not necessary.
35) Provide the shop & asbuilt drawings of the roller chains.
The chains are not intended to be removed; as such the requested drawings are not necessary.
36) Clarify if the (2) guide rails & wall attachment brackets are to be cleaned/coated.
The guide rails and wall attachment brackets are to be recoated. This will be addressed in a subsequent amendment.
37) Provide the cubic yards of dredge materials to be removed.
Refer to the answer provided for question no. 18.
38) Provide the specified location the dredge materials will be transported to or disposed of.
Contractor Questions -6
39) During the prebid visit it was discussed that a lower pool probably wouldn’t have a negative effect on downstream users of the water. Leaving the sand materials exposed, the cost of dredging becomes much more economical. Provide the lowest (pool) level elevation that will be allowed during the dredging process?
Per Specification Section 01 14 20, the reservoir will be lowered to a water surface elevation of 4372. The reservoir will be operated such that the maximum anticipated reservoir water surface elevation during construction would be an elevation of 4380. Please refer to the answer provided for question no. 18 for additional information. The level to which the contractor directs river flow to the gate house and trash rack on the south side of the reservoir could provide a water surface elevation lower than 4372.
40) How the Government determined the estimated cost of dredging, & explain why this critical expensive task is considered incidental?
Refer to the answer provided for question no. 18. The dredging/channel cutting effort will remain incidental to the coffer dam.
41) During the prebid visit, everyone present observed the very prominent/strong vibration of the gate & its lifting chains, followed by a comment that was made by the Government representative that this vibration would become the contractors task/issue to deal with & correct during the duration of construction period.
Further explain the causation or root of the vibration problem, and how the resolution is expected to be accomplished by the contractor?
Refer to the answer provided for question no. 16.
42) Due to several uncertainties with the existing field conditions & the lack of useable drawings would a start date of Sept 6, 2016 (after labor-day weekend) be allowed for the installation of the cofferdam? This would allow for investigation into some of the unknown problems during warmer weather.
No, due to irrigation demands, the coffer dam cannot be installed prior to Oct. 1, 2016.
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