Solicitation_R16PS00829_PBRWS.pdf

POJOAQUE BASIN REGIONAL WATER SYSTEM

SOLICITATION NO. R16PS00829

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

STEP 1

Solicitation Document No.

R16PS00829-Step 1

Document Title

Pojoaque Basin Regional Water System

FOREWORD

The project is for the design and construction of The Pojoaque Regional Water System (PBRWS). The Pojoaque Regional Water System (PBRWS) will consist of diversion works, storage, a treatment plant, pipelines and pumping plants, and other facilities necessary to divert up to 4,000 acre-feet of water for consumptive use by the Pueblos of Nambé, Pojoaque, Tesuque, and San Ildefonso (four Settlement Pueblos) and Santa Fe County.

The contractor is required to design, plan and construct the Pueblo portion of the PBRWS.

This requirement will be solicited and awarded using Two-Step Design-Build Selection Procedures outlined in Federal Acquisition Regulations 36.3 and authorized by 41 U.S.C. 253m. The Contracting Officer has determined it appropriate to issue two separate solicitation packages. The first solicitation package will be Step One - Request for Qualifications and the second solicitation package will be Step Two – Request for Proposals.

Step One will solicit information that will be evaluated to determine up to three highest evaluated qualified firms (see L.12). In order for the Qualification Proposal to be evaluated strictly on the merit of the material submitted, no price information is to be included in Step One of the Selection Process.

Step Two will require submission from the selected highest evaluated firms a second proposal consisting of demonstration of (1) Design Concept, (2) Technical Approach (3) Partnering and Teaming Agreements; and (4)

Small Business Subcontracting Plan / Commitment to Utilize Small, Local and Native American Businesses,

(5) Safety; Those proposals will be evaluated to determine which offer will provide the best value to the Government (see M.1).

For date and place of receipt of Offerors, see “Solicitation, Offer, And Award,” Standard Form 1442.

For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards” (June 2015), which applies to the work under this contract, see contract clause at “WBR 1452.223-81 Safety and Health.”

Offerors are encouraged to submit proposals using recycled paper and double sided copying to minimize waste and to utilize products that are made with post-consumer recycled content, recyclable, bio-based, and/or energy efficient products.

NON-DISCRIMINATION NOTICE TO U.S. DEPARTMENT OF THE INTERIOR CONTRACTORS,

SUBCONTRACTORS, AND LESSORS

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.

Document Title

Pojoaque Basin Regional Water System

Contents

SOLICITATION NO. R16PS00829

SECTION A – SF-1442

SECTION B- SUPPLIES OR SERVICES AND PRICES

SECTION C – Statement / Description / Specification of Work

D – Packaging and marking

SECTION E – Inspection and Acceptance

52.252-02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

SECTION F -- Deliveries or Performance

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

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

F.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

F.4 52.211-13 TIME EXTENSIONS SEPTEMBER 2000

SECTION G -- Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

G.2 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM

(IPP) APRIL 2013

G.2 WBR 1452.242-80 Post award conference bureau of reclamation JULY 1993

SECTION H -- Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DECEMBER 2015

H.2 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

SECTION I -- Contract Clauses

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) OCTOBER 2015

I.3 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02) FEBRUARY 2015

I.4 52.223-09 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS MAY

I.5 52.236-04 PHYSICAL DATA APRIL 1984

I.6 52.236-08 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

I.7 1452.203-70 RESTRICTION ON ENDORESEMENTS DEPARTMENT OF INTERIOR JULY 1996

I.8 1452.204-70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

I.9 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

I.10 52.215-08 ORDER OF PRECENDENCE UNIFORM CONTRACT FORMAT OCTOBER 1997

I.11 52.228-01 BID GUARANTEE SEPTEMBER 1996

I.12 52.246-21 WARRANTY OF CONSTRUCTION MARCH 1994

I.13 52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES APRIL 1984

I.14 WBR1452.223-80 ASBESTOS FREE WARRANTYBUREAU OF RECLAMATION OCTOBER 1992

Document Title

Pojoaque Basin Regional Water System

I.15 WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC FROM EXPOSURE TO TOBACCO SMOKE

IN THE FEDERAL WORK PLACE BUREAU OF RECLAMATION OCTOBER 1998

I.16 WBR 1452.228-84 CERTIFICATION OF REPRESENTATIVES FOR CORPORATE SURETIES BUREAU OF

RECLAMATION SEPTEMBER 1996

I.17 WBR 1452.231-81 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE BUREAU OF RECLAMATION JULY 1998 26

I.18 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION FEBRUARY 2000

I.19 WBR 1452.243-80 A3 MODIFICATION PROPOSALS ALTERNATE III (JULY 1998) BUREAU OF RECLAMATION

DECEMBER 2001

I.20 52.225-09 BUY AMERICAN – CONSTRUCTION MATERIALS MAY 2014

I.21 Buy American--Construction Materials Under Trade Agreements February 2016

I.22 FAR 52.225-11 Buy American—Construction Materials under Trade Agreements. February 2016

I.23 Department of the Interior 1452.228-70 Liability Insurance July 1996

I.24 WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION June 2015

I.25 WBR 1452.232-82 OTHER INVOICE REQUIREMENTS JULY 1998

I.26 WBR 1452.223-82 -- PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE -- October 1998

I.27 1452.227-81 Indian Preference April 1984

I.28 1452.226-71 INDIAN PREFERENCE PROGRAM APRIL 1984

SECTION J – List of Attachments and Exhibits

SECTION K -- Representations, Certifications and Other Statements of OFFERORS

K.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

K.2 52.204-08 ANNUAL REPRESENTATIONS AND CERTIFICATIONS APRIL 2016

Personal Identity Verification of Contractor Personnel January 2011

K.3 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS – REPRESENTATION (DEVIATION 2015-02) FEBRUARY 2015

K.4 52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS JULY 2013

K.5 FAR 52.209-11Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law February 2016

SECTION L -- Instructions, Conditions and Notices to Bidders

L.1 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

L.2 52.222-05 CONSTRUCTION WAGE RATE REQUIREMENTS SECONDARY SITE OF THE WORK MAY 2014

L.3 52.252-05 AUTHORIZED DEVIATIONS IN PROVISIONS APRIL 1984

L.4 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION DEPARTMENT OF THE INTERIOR APRIL 1984 53

L.5 ET 02-20 AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF RECLAMATION CONTRACTORS

SEPTEMBER 2002

L.6 52.216-01 TYPE OF CONTRACT APRIL 1984

L.7 52.222-23 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION FEBRUARY 1999

L.8 1452.233-02 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (DEVIATION) JULY 1996

Document Title

Pojoaque Basin Regional Water System

L.9 52.236-27 A1 SITE VISIT (CONSTRUCTION) ALTERNATE I (FEBRUARY 1995) FEBRUARY 1995

L.10 WBR 1452.211-80 NOTICE OF INTENT TO ACQUIRE METRIC PRODUCTS AND SERVICES – BUREAU OF

RECLAMATION MARCH 1993

L.11 WBR 1452.215-80 SOURCE EVALUATION AND SELECTION PROCEDURES BUREAU OF RECLAMATION MAY 2005

L.12 WBR 1452.215-81 GENERAL PROPOSAL INSTRUCTIONS BUREAU OF RECLAMATION JANUARY 1998

L.13 WBR 1452.233-82 NOTICE OF PROPOSED PARTNERING BUREAU OF RECLAMATION MAY 1994

L.14 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT CONSTRUCTION MATERIALS MAY 2014

L.15 52.204-18 Commercial and Government Entity Code Maintenance July 2015

SECTION M -- Evaluation Factors for Award

M.1 WBR 1452.215-85 EVALUATION FACTORS FOR AWARD - QUALITY PREDOMINANCE - BUREAU OF

RECLAMATION MAY 2005

M.2 WBR 1452.225-82 NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT PROCUREMENT AGREEMENT

EVALUATIONS BUREAU OF RECLAMATION MAY 2005

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040286000

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

James L. Durrant

125 State street Salt Lake City Utah Room 8100 84138

Washington Bennett

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

801-524-3853

1x

R16PS00829

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

See Attachment #1 entitled: "Statement of work" for details.

This project is for the design and construction of The Pojoaque Regional Water

System (PBRWS)

This requirement will be solicited and awarded using Two-Step Design-Build Selection

Procedures outlined in Federal Acquisition Regulations 36.3 and authorized by 41

U.S.C. 253m.

The Contracting Officer has determined it appropriate to issue two separate solicitation packages. The first solicitation package will be Step One: Request for

Qualifications and the second solicitation package will be Step Two: Request for

Proposals.

A Design Build construction project is anticipated with an estimated price range of over $10,000,000.

In order for the Qualification Proposal to be evaluated strictly on the merit of the material submitted, no price information is to be included in Step One of the

Selection Process.

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

30 1706 calendar days and complete it within ________________ ________________ calendar days after receiving

Statement of work

09/12/2016

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

James L. Durrant

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

R16PS00829

Legacy Doc #: BOR

Delivery: 12/31/2021

Delivery Location Code: 0009909999

Bureau of Reclamation-UC-AAO

Albuquerque Area Office

555 Broadway NE Suite 100

Albuquerque NM 87102-2352 US

FOB: Destination

00001 Price schedule CLINS 1 AU

Refer to continuation page schedule A1 through B3

See following continuation pages

Period of Performance: 04/30/2017 to 12/31/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

Document Title

Pojoaque Basin Regional Water System

SECTION B‐ SUPPLIES OR SERVICES AND PRICES

B.1 THE REQUIREMENTS - NEGOTIATION-BUREAU OF

RECLAMATION - UPPER COLORADO REGION

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

(b) Reclamation will use a two-step Request for Qualifications/Request for Proposals (RFQ/RFP) process to evaluate proposals received in response to this solicitation. The results of this evaluation will be used to determine which proposal submitted provides the overall best value to the Government, technically and price-wise. During Step One - Request for Qualifications, of this evaluation, the Government will carefully review the proposals received and select up to a maximum of three of the most highly qualified offerors.

The three most highly qualified offerors will participate in Step Two – Request for Proposals. This Request for Qualifications (RFQ) for the Pojoaque Basin Regional Water System (PBRWS) project (Project) invites submittal of qualifications proposals according to the requirements set forth in this RFQ, including the format and content guidelines in Section L. The proposals will be reviewed and evaluated to generate a short list of up to three Offerors, as described in Section L.11 that will then be invited to submit more detailed Proposals.

(c) In no event will the Owner (Reclamation) be liable for any costs incurred by any Offeror or any other party in developing or submitting a proposal.

(d) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(e) The most highly qualified Offerors shall complete Price Schedule A with the Step Two RFP Price proposal.

PRICE SCHEDULE A

The Schedule will be provided in Step Two Request for Proposals

PRICE SCHEDULE B

The Schedule will be provided in Step Two Request for Proposals

In order for the Qualification Proposal to be evaluated strictly on the merit of the material submitted, no price information is to be included in Step One of the Selection Process.

Document Title

Pojoaque Basin Regional Water System

END OF PRICE SCHEDULE

Document Title

Pojoaque Basin Regional Water System

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Pojoaque Basin Regional Water System

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment No. 1

Document Title

Pojoaque Basin Regional Water System

D – Packaging and marking

There are no clauses included in this section

Document Title

Pojoaque Basin Regional Water System

SECTION E – Inspection and Acceptance

52.252‐02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

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

FAR Clauses - https://www.acquisition.gov/far/

Clause Title Date 52.246-04 Inspection of Services – Fixed-Price August 1996

Document Title

Pojoaque Basin Regional Water System

SECTION F ‐‐ Deliveries or Performance

F.1 52.252‐02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

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

FAR Clauses - https://www.acquisition.gov/far/

Clause Title Date 52.242-14 Suspension of Work April 1984

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

The Contractor shall be required to

(a) commence design work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, and

(b) prosecute the work diligently, and

(c) complete final designs by April 15, 2018, and

(d) complete construction phase no later than August 15, 2021. The time stated for completion shall include final cleanup of the premises.

F.3 52.211‐12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,889.85 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 52.211‐13 TIME EXTENSIONS SEPTEMBER 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

Document Title

Pojoaque Basin Regional Water System

SECTION G ‐‐ Contract Administration Data

G.1 1452.201‐70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

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

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

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

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

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

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

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

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

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

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

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

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

Document Title

Pojoaque Basin Regional Water System

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

"Payment requests" means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Once the invoice has been submitted into the IPP system, the Contractor shall also submit an electronic copy of the invoice to the following:

Contracting Officer: (Michael Verbitski) Procurement Technician: (To be determined)

Failure to email the invoice may cause significant delay or possible rejection of your payment request.

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

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

G.2 WBR 1452.242‐80 Post award conference bureau of reclamation JULY 1993

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

(b) The conference will be held at Albuquerque Area Office.

(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.

Document Title

Pojoaque Basin Regional Water System

SECTION H ‐‐ Special Contract Requirements

1) 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.

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

3) We request that you furnish the Contracting Officer (CO) 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 (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 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."

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

a) 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 CO for instructions.

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

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

Document Title

Pojoaque Basin Regional Water System

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO 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 60-day review period.

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

H.2 52.252‐02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

Clause Title Date 52.232-05 Payments Under Fixed-Price Construction May 2014 52.232-27 Prompt Payment for Construction Contracts May 2014 52.243-04 Changes June 2007 52.246-12 Inspection of Construction August 1996 52.249-02A1 Termination for Convenience of the Government (Fixed-Price)

Alternate I (September 1996) April 2012

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

Document Title

Pojoaque Basin Regional Water System

SECTION I ‐‐ Contract Clauses

I.1 52.252‐02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

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

FAR Clauses - https://www.acquisition.gov/far/

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

52.203-13 Contractor Code of Business Ethics and Conduct April 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

52.215-02 Audit and Records--Negotiation October 2010 52.219-08 Utilization of Small Business Concerns October 2014 52.219-09 Small Business Subcontracting Plan October 2015 52.219-28 Post-Award Small Business Program Rerepresentation July 2013 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards Act - Overtime

Compensation May 2014

52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records May 2014 52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988

Document Title

Pojoaque Basin Regional Water System

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 Equal Opportunity 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 52.222-55 Minimum Wages Under Executed Order 13658 December 2015 52.223-06 Drug Free Workplace May 2001 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 Copyright

Infringement December 2007

52.227-04 Patent Indemnity – Construction Contracts December 2007 52.227-23 Rights in Proposal Data (Technical) June 1987 52.228-02 Additional Bond Security October 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds--Construction October 2010 52.229-03 Federal, State And Local Taxes February 2013 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-10 Payments Under Fixed-Price Architect-Engineer Contracts April 2010 52.232-16 A1 Progress Payments – Alternate I (March 2000) April 2012 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts July 2013 52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management July 2013

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

Subcontractors December 2013

52.233-01 A1 Disputes - Alternate I (December 1991) May 2014 52.233-03 Protest After Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.236-02 Differing Site Conditions April 1984

Document Title

Pojoaque Basin Regional Water System

52.236-03 Site Investigation and Conditions Affecting the Work April 1984 52.236-05 Material and Workmanship April 1984 52.236-06 Superintendence by the Contractor April 1984 52.236-07 Permits and Responsibilities November 1991 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-15 Schedules for Construction Contracts April 1984 52.236-17 Layout of Work April 1984 52.236-21 Alt 1 Specifications and Drawings for Construction Alternate I

(April 1984) February 1997

52.236-23 Responsibility of the Architect-Engineer Contractor April 1984 52.236-24 Work Oversight in Architect-Engineer Contracts April 1984 52.236-25 Requirements for Registration of Designers June 2003 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-01A3 Changes Fixed-Price Alternate III (April 1984) August 1987 52.243-04 Changes (CONST) June 2007 52.244-06 Subcontracts for Commercial Items February 2016 52.246-04 Inspection of Services Fixed-Price August 1996 52.249-02 Alt 1 Termination for Convenience of the Government (Fixed-Price)

Alternate I (September 1996) (CONST) April 2012

52.249-04 Termination for Convenience of the Government (Services) (Short Form)

April 1984

52.249-07 Termination (Fixed-Price Architect-Engineer) April 1984 52.249-10 Default (Fixed-Price Construction) April 1984 52.253-01 Computer Generated Forms January 1991

I.2 52.203‐14 DISPLAY OF HOTLINE POSTER(S) OCTOBER 2015

(a) Definition.

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

Document Title

Pojoaque Basin Regional Water System

(3) Any required posters may be obtained as follows:

Poster(s) Obtain From Hotline Poster(s) Contracting Officer at time of award

(Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract—

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, or the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

Document Title

Pojoaque Basin Regional Water System

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to Michael Verbitski

EPA website link: https://www.epa.gov/smm/regulatory-background-comprehensive-procurement-guideline-program-cpg

I.5 52.236‐04 PHYSICAL DATA APRIL 1984

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations which can be found in the Statement of Work.

(b) Weather conditions can be found in the Statement of Work.

(c) Transportation facilities can be found in the Statement of Work.

(d) Please see Statement of Work for all required information.

I.6 52.236‐08 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees. The following other contract work is anticipated to be performed at or near the site of this contract; Relocation of utilities.

I.7 1452.203‐70 RESTRICTION ON ENDORESEMENTS DEPARTMENT OF INTERIOR JULY 1996

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205- 1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.8 1452.204‐70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

Document Title

Pojoaque Basin Regional Water System

I.9 1452.215‐70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

I.10 52.215‐08 ORDER OF PRECENDENCE 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.11 52.228‐01 BID GUARANTEE SEPTEMBER 1996

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

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

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

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

(c) The amount of the bid guarantee shall be 10 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 7 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.

Document Title

Pojoaque Basin Regional Water System

I.12 52.246‐21 WARRANTY OF CONSTRUCTION MARCH 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 2 years from the date of substantial completion of the project. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 2 years from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government owned or controlled real or personal property, when that damage is the result of

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturers, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

I.13 52.252‐06 AUTHORIZED DEVIATIONS IN CLAUSES APRIL 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

Document Title

Pojoaque Basin Regional Water System

(b) The use in this solicitation or contract of any Department of the Interior…