Tab_14_-Lemon_DamR16PS00929_Solicitation_Vol_I.pdf

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 1

LEMON DAM HIGH PRESSURE GATE

MODIFICATION

FLORIDA PROJECT, CO

SOLICITATION NO. R16PS00929

VOLUME 1 OF 2

WESTERN COLORADO AREA OFFICE–

DURANGO, CO

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 2

ALL OFFERS MUST BE CLEARLY IDENTIFIED AS

“REQUEST FOR PROPOSAL”

TO PRECLUDE MISHANDLING

Offers MUST be delivered to:

BUREAU OF RECLAMATION

ATTN: MELISSA COUVRETTE, UC-862

125 SOUTH STATE STREET

SALT LAKE CITY, UT 84138-1147

PRIOR TO SOLICITATION CLOSING DATE AND TIME

Telephone inquiries regarding this solicitation should be made to the office listed below:

Melissa Couvrette

Salt Lake City, UT ………..………………………………………. (801) 524-3834

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 3

TABLE OF CONTENTS

SECTION A – SF 1442

SECTION B – Schedule 6

SECTION C – Statement / Description / Specification of Work 8

SECTION D – Packaging and Marking 9

SECTION E – Inspection and Acceptance 10

Clauses Incorporated by Reference 10

Inspection of Construction 10

SECTION F – Deliveries or Performance 12

Commencement, Prosecution, and Completion of Work 12

Liquidated Damages–Construction 13

Variation in Estimated Quantity 13

SECTION G – Contract Administration Data 14

Authorities and Delegations 14

Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) 15

Postaward Conference–Bureau of Reclamation 15

SECTION H – Special Contract Requirements 16

Contractor Performance Assessment Reporting System 16

SECTION I – Contract Clauses 18

Clauses By Reference 19

Establishing a Minimum Wage for Contractors (DEVIATION) 17

Estimate of Percentage of Recovered Material Content for EPA Designated Items

Buy American – Construction Materials

Other Contracts (DEVIATION) 24

Restriction on Endorsements – Department of Interior 24

Release of Claims – Department of Interior 25

Examination of Records – Department of Interior 25

Liability Insurance – Department of Interior 25

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

(DEVIATION) – Bureau of Reclamation

Order of Precedence Uniform Contract Format 26

Bid Guarantee 26

Warranty of Construction 27

Authorized Deviation in Clauses 28

Prohibition on Release of Information Bureau of Reclamation 28

Asbestos Free Warranty – Bureau of Reclamation 28

Safety and Health – Bureau of Reclamation 28

Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal

Work Place – Bureau of Reclamation

Certification of Representatives for Corporate Sureties – Bureau of Reclamation 29

Equipment Ownership and Operating Expense – Bureau of Reclamation 30

Payment for Mobilization and Preparatory Work--Bureau of Reclamation 31

Other Invoice Requirements – Bureau of Reclamation 33

Preservation of Cultural Resource – Bureau of Reclamation 33

Security Requirements – Bureau of Reclamation

Modification Proposals Bureau of Reclamation

SECTION J – List of Attachments and Exhibits 39

SECTION K – Representations, Certifications and Other Statements of Offeror 40

Solicitation Provisions Incorporated by Reference 40

Information Regarding Responsibility Matters 40

Annual Representations and Certifications 41

Small Business Program Representations 44

Class Deviation Limitation with Respect to Felony Criminal Convictions and Delinquent Tax

Debts

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 4

Organizational Conflicts of Interest – Bureau of Reclamation 48

SECTION L – Instructions, Conditions and Notices to Bidders 50

Solicitation Provisions Incorporated by Reference 50

Construction Wage Rate Requirements Secondary Site of the Work 50

Authorized Deviations in Provisions 50

Non-Discrimination Notice to U.S. Department of the Interior Contractors, Subcontractors, and

Lessors

Use and Disclosure of Proposal Information - Department of Interior 51

Brand Name or Equal (DEVIATION) 52

Authorized Workers Notice to Potential Bureau of Reclamation Contractors 52

General Proposal Instructions – Bureau of Reclamation 54

Type of Contract

Notice of Requirement Affirmative Action to Ensure Equal Employment Opportunity for

Construction

Service of Protest – Department of the Interior (DEVIATION) 57

Site Visit 58

Notice of Intent to Acquire Metric Products and Services – Bureau of Reclamation 58

Source Evaluation and Selection Procedures – Bureau of Reclamation 59

Technical Proposal Instructions – Bureau of Reclamation

Pricing Proposal Instructions – Bureau of Reclamation – Alt I

Notice of Proposed Partnering – Bureau of Reclamation 64

System for Award Management

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

– Representation (DEVIATION)

Instructions for Mobilization and Preparatory Work Schedule Line Item – Bureau of Reclamation 66

SECTION M – Evaluation Factors for Award 67

Evaluation Factors for Award - Quality Predominance - Bureau of Reclamation 67

Notice of World trade Organizations Government Procurement Agreement Evaluations

Notice of Buy American Act Requirement - Construction Materials

Notice of Buy American Requirement – Construction Materials- Under Trade Agreement – Alt I

Notice of Buy American Requirement – Construction Materials Under Trade Agreements

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 5

SECTION A – SF-1442

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CONTINUATION OF

SECTION B – SCHEDULE

B. 1 PRICE SCHEDULE

(a) Offers will be considered for award on the following price schedule, but no offer will be considered for award on only part of the price schedule

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

(c) Quantities in the price schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52,211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns and underruns. The Contract Clause at FAR 52.211-18, Variation in

Estimated Quantity does not apply to the lump sum items.

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

1.

(e) Definitions:

(1) CLIN-Contract Line Item Number

PRICE SCHEDULE

CLIN Section Supplies or Services Quantity and

Unit

Unit Price Amount

1 Mobilization For the lump sum of $

2 35 21 30 Steel Intake Bulkhead Gate For the lump sum of $

3 01 35 27 Mobilization and Demobilization for Underwater Work

For the lump sum of $

4 01 35 27 Underwater Work For the lump sum of $

5 35 21 30 Maintaining Florida River Flow Pumping

River Flow per day

$/day

Days

Proposed

6 35 21 10 Trashracks Repair

Optional

Per cubic inch of filler metal

$/in3

7 35 21 10 Trashracks Coating

Optional

For the lump sum of $

8 35 23 10 Disassembly of the High-Pressure

Gate Leaves and Hoists

For the lump sum of $

9 35 23 10 High-Pressure Gate Hoist

Rehabilitation

For the lump sum of $

10 35 23 10 High-Pressure Gate Leaf

Rehabilitation and Modification

For the lump sum of $

11 35 23 10 High-Pressure Gate Reassembly and Testing

For the lump sum of $

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 7

TOTAL FOR SCHEDULE $

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SECTION C – STATEMENT / DESCRIPTION / SPECIFICATION OF WORK

See Section J, Volume II for the statement of Work in its entirety

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 9

SECTION D – PACKAGING AND MARKING

There are no clauses included in this section, any applicable packaging and marking requirements are identified in the specification.

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 10

SECTION E – INSPECTION AND ACCEPTANCE – APPLICABLE INSPECTION AND

ACCEPTANCE REQUIREMENTS ARE LOCATED IN THE SPECIFICATIONS.

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/

52.246-12 INSPECTION OF CONSTRUCTION AUGUST 1996

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

https://www.acquisition.gov/far/

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

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

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

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 12

SECTION F -- DELIVERIES OR PERFORMANCE

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:

Clause Title Date

52.242-14 Suspension of Work April 1984

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF

WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than March 1, 2017 The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 11, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the

Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than March 1, 2016.* The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,824.00 for each calendar day of delay until the work is completed or accepted.

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

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 13 is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-18 VARIATION IN ESTIMATED QUANTITY APRIL 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the

Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 14

SECTION G -- CONTRACT ADMINISTRATION DATA

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.

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DOI-AAAP

ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM

(IPP)

APRIL 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury's 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:

The Contractor shall attach a copy of their regular vendor invoice to the IPP invoice submittal by utilizing the attachments feature on the lower right hand corner of the invoicing screen to substantiate requests for payment. The vendor invoice shall be readable in Microsoft

Excel, Adobe Acrobat (.pdf) or Microsoft Word.

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist mcouvrette@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government

Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston

(FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

WBR

1452.242-80

POST AWARD CONFERENCE

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 The Bureau of Reclamation Western Area Colorado Office, 185 Suttle Street, Suite

2, Durango, CO 81303

(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.

https://www.ipp.gov/

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

DOI-AAAP 0050 CONTRACTOR PERFORMANCE ASSESSMENT DEC 2015

REPORTING SYSTEM

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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

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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.

GOVERNMENT ADMINISTRATIVE PERSONNEL

CONTRACTING OFFICER ADDED

(a) Contract Specialist

The main contact for this Solicitation and the resulting Contract is as follows:

Ms. Melissa Couvrette, Contract Specialist

Bureau of Reclamation

125 South State Street Room 8100 (UC-859)

Salt Lake City, UT 84138

Phone No: 801-524-3834

E-mail: mcouvrette@usbr.gov

(b) Contracting Officer

The Contracting Officer is:

Ms. Lynette H. Rock, Contracting Officer

125 South State Street Room 8100 (UC-849)

Salt Lake City, UT 84138

Phone No: 801-524-3798

E-mail: lrock@usbr.gov

(c) For all technical matters, the Contractor shall use the Contracting Officer’s Representative (COR), as the primary focal point with an information copy of the correspondence to the Contract Specialist.

Mr. Tyler Artichoker, Contracting Officer’s Representative

185 Suttle Street, Suite 2

Durango, CO 81303

Phone No: 970-385-6539

E-mail: tartichoker@usbr.gov

CONTRACTOR’S ADMINISTRATIVE PERSONNEL

CONTRACTING OFFICER ADDED

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

Name:

Title:

Address:

City/State/Zip:

Telephone

No:

E-mail:

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SECTION I -- CONTRACT CLAUSES

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:

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

52.204-09 Personal Identity Verification of Contractors Personnel January 2011

52.204-10 Reporting Executive Compensation and First - Tier

Subcontract Awards

October 2015

52.204-13 System for Award Management Maintenance July 2013

52.204-14 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

52.211-13 Time Extensions September 2000

52.215-02 Audit and Records--Negotiation October 2010

52.219-06 Notice of Total Small Business Set-aside November 2011

52.219-08 Utilization of Small Business Concerns October 2014

52.219-14 Limitations on Subcontracting November 2011

52.219-28 Post-Award Small Business Program Representation July 2013

52.222-03 Convict Labor June 2003

52.222-04 Contract Work Hours and Safety Standards 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

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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

52.222-55 Minimum Wages Under Executed Order 13658 December 2015

52.223-05 Pollution Prevention and Right-to-Know Information May 2011

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

52.227-04 Patent Indemnity-Construction Contracts December 2007

52.228-02 Additional Bond Security October 1997

52.228-05 Insurance - Work On A Government Installation January 1997

52.228-11 Pledges Of Assets January 2012

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit November 2014

52.228-15 Performance and Payment Bonds--Construction October 2010

52.229-03 Federal, State And Local Taxes February 2013

52.232-05 Payments under Fixed-Price Construction Contracts May 2014

52.232-16 Alt 1 Progress Payments – Alternate (March 2000) April 2012

52.232-17 Interest May 2014

52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts May 2014

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management

July 2013

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payment to Small Business

Subcontractors

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

52.236-03 Site Investigation and Conditions Affecting the Work April 1984

52.236-05 Material and Workmanship April 1984

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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

52.236-14 Availability and Use of Utility Services April 1984

52.236-15 Schedules for Construction Contracts April 1984

52.236-17 Layout of Work April 1984

52.236-21 Alt 1 Specifications and Drawings for Construction Alternate I

(April 1984)

February 1997

52.236-26 Preconstruction Conference February 1995

52.242-13 Bankruptcy July 1995

52.243-04 Changes June 2007

52.244-06 Subcontracts for Commercial Items February 2016

52.249-02 Alt 1 Termination for Convenience of the Government (Fixed-

Price) - Alternate I (Sept 1996)

April 2012

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

52.253-01 Computer Generated Forms January 1991

52.203-14 DISPLAY OF HOTLINE POSTER(S) OCT 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.

(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.

(End of clause)

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52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS

(DEVIATION)

JUNE 2014

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of

Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December

31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov

(or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on

January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute

(formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

52.223-09 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED ITEMS

MAY 2008

(a) Definitions. As used in this clause—

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

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

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

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

(2) Submit this estimate to Melissa Couvrette.

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 23

52.225-09 BUY AMERICAN – CONSTRUCTION MATERIALS MAY 2014

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

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 24

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the

Contracting Officer need not make a determination.

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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52.225-11 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION

MATERIALS – UNDER TRADE AGREEMENTS – ALTERNATE I (MAY

2014)

MAY 2014

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

“Caribbean Basin country construction material” means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

“Cost of components” means--

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

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

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark. Estonia, Finland, France, Germany, Solicitation No. R16PS00929 Lemon Dam High Pressure Gate Modification Page 27

Greece, Hong Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,…