12_Clauses_Station_Servive_Transform.pdf

Document No.:

R16PS01494

Document Title: Station Service Transformer Replacements Blue Mesa Power Plant

Station Service Unit Transformer Replacements

SOLICITATION R16PS01494

Colorado River Storage Project, Colorado

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

OFFER MUST BE CLEARLY IDENTIFIED AS

“PROPOSAL”

TO PRECLUDE MISHANDLING

Offers MUST be delivered to:

Bureau of Reclamation Attention: Dan Hays 125 South State Street Room 8100 Salt Lake City, UT. 84138

PRIOR TO SOLICITATION CLOSING DATE AND TIME OF

November 21, 2016 16:00 local time (MST)

Inquiries regarding this solicitation should be made to the offices listed below:

Dan Hays, Contract Specialist dhays@usbr.gov 970-240-6316 or 801/524-3757

All Correspondence regarding this solicitation should reference number R16PS01494 Please Read Sections L and M carefully for proposal information.

SECTION B – Supplies or Services and Prices

SECTION C – Statement / Description - Specification of Work

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

E.1 52.246-12 Inspection of Construction August 1996

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

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.3 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)

Part II -- Contract Clauses

I.1 52.252-02 Clauses Incorporated by Reference February 1998

I.2 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (deviation 2015-02) February 2015

I.3 52.215-08 Order of Precedence Uniform Contract Format October 1997

I.4 52.219-14 Limitations on Subcontracting November 2011

I.5 52.225-09 Buy American – Construction Materials May 2014

I.6 52.228-01 Bid Guarantee September 1996

I.7 52.236-08 Other Contracts – Reclamation Deviation April 1984

I.8 52.246-21 Warranty of Construction March 1994

I.9 52.252-06 Authorized Deviations in Clauses April 1984

I.10 1452.203-70 Restriction on Endorsements - Department of Interior July 1996

I.11 1452.204-70 Release of Claims - Department of the Interior July 1996

I.12 1452.215-70 Examination of Records by the Department of the Interior (Deviation) April 1984

I.13 1452.228-70 Liability Insurance - Department of the Interior July 1996

I.14 WBR 1452.223-80 Asbestos Free Warranty - Bureau of Reclamation October 1992

I.15 WBR 1452.223-81 Safety and Health - Bureau of Reclamation June 2015

I.16 WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace - Bureau of Reclamation October 1998

I.17 IWBR 1452.228-84 Certification of Representatives for Corporate Sureties Bureau of Reclamation September 1996

I.18 WBR 1452.231-81 Equipment Ownership and Operating Expense - Bureau of Reclamation July 1998

I.19 WBR1452.232-81 Payment for Mobilization and Preparatory Work – Bureau of Reclamation May 2000

I.20 WBR 1452.236-84 Preservation of Cultural Resources - Bureau of Reclamation February 2000

I.21 WBR 1452.237-80 Security Requirements - Bureau of Reclamation February 2011

I.22 WBR 1452.243-80 A3 Modification proposals Alternate III (July 1998) - Bureau of Reclamation December 2001

I.23 WBR 1452.246-81, Alt VI Failure to Meet Performance Warranties - Alternate VI--Bureau of Reclamation September 1995

Part III – List of Documents, Exhibits and Other Attachments

SECTION J – List of Attachments and Exhibits

Part IV – Representations and Instructions

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

K.1 52.252-01 Solicitation Provisions Incorporated by Reference February 1998

K.2 52.203-98 Prohibition Non Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (deviation 2015-02) February 2015

K.3 52.204-08 Annual representations and certifications April 2016

K.4 DIAPR 2012-05 Class Deviation - Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts February

SECTION L -- Instructions, Conditions and Notices to Bidders

L.1 52.252-01 Solicitation Provisions Incorporated By Reference February 1998

L.2 52.216-01 Type of Contract April 1984

L.3 52.222-05 Construction Wage Rate Requirements Secondary Site of the Work May 2014

L.4 52.222-23 Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity for Construction February

L.5 52.225-10.a1 Notice of Buy American Requirement Construction Materials May 2014

L.6 52.233-02 Service of Protest Department of the Interior (deviation) July 1996

L.7 52.236-27 A1 Site Visit (Construction) Alternate I (February 1995) February 1995

L.8 52.252-05 Authorized Deviations in Provisions April 1984

L.9 DIAPR 2000-1 Non-Discrimination notice to U.S. Department of the Interior Contractors, Subcontractors and Lessors December

L.10 ET 02-20 Authorized Workers Notice to Potential Bureau of Reclamation Contractors September 2002

L.11 1452.215-71 Use and Disclosure of Proposal Information Department of the Interior April 1984

L.12 WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services – Bureau of Reclamation March 1993

L.13 WBR 1452.215-80 Source Evaluation and Selection Procedures Bureau of Reclamation May 2005

L.14 WBR 1452.215-81 General Proposal Instructions - Bureau of Reclamation January 1998

L.15 WBR 1452.215-82 Technical Proposal Instructions -- Bureau of Reclamation April 2001

L.16 WBR 1452.215-83 Pricing Proposal Instruction - Bureau of Reclamation January 1998

L.17 WBR 1452.233-82 Notice of Proposed Partnering - Bureau of Reclamation May 1994

L.18 WBR 1452.236-85 Instruction for Mobilization and Preparatory work Schedule Line Item - Bureau of Reclamation May 2000 . 59

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

M.3 WBR 1452.246-80 Alt V Evaluation of Equipment Efficiencies and Losses - Alternate V--Bureau of Reclamation September

Part I – The Schedule

SECTION B – Supplies or Services and Prices

Station Service Transformer and 600 Volt Bus Replacements Blue Mesa Power Plant, Curecanti Field Division

B.1 SCHEDULE

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

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

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

(d) Definitions:

(1) CLIN – Contract Line Item Number.

SCHEDULE

CLIN Section Supplies or Services Quantit y and Unit

Unit Price

Amount

1. WBR

1452.232

-81

Mobilization, Preparatory Work and Demobilization

For the lump sum of $

2. 01 33 26 Electrical Drawings and Data For the lump sum of

3. 26 05 04 Demolition and Removal of Existing Electrical Equipment

For the lump sum of $

4. 26 05 20 Conductors and Cables For the lump sum of $

5. 26 16 14 Transformer KRB For the lump sum of $

6. 26 16 14 Transformer KRC For the lump sum of $

7. 26 25 43 600-Volt Bus For the lump sum of $

TOTAL FOR SCHEDULE $_________________

B.2 WARRANTED CHARACTERISTICS

(a) Offeror warrants that the losses of the 3-phase transformer shall not exceed the loss requirements furnished below, with rated voltage and frequency applied to each winding. Failure to furnish the required values will result in an incomplete offer, which will not be considered.

(b) Offers will be evaluated in accordance with the provision at WBR 1452.246-80 “Evaluation of Equipment Efficiency and Losses.” The contract price will be adjusted in accordance with the clause at WBR 1452.246-81 "Failure to Meet Performance Warranties.

(c) Transformer KRB losses:

(1) No-load losses, kilowatts .................................................. ________________ kW*

(2) Total losses, at the loading condition of:

1000-kilovolt ampere output at a maximum top oil temperature of 85 degrees C .......... ________________ kW*

(d) Transformer KRC losses:

(1) No-load losses, kilowatts .................................................. ________________ kW*

(2) Total losses, at the loading condition of:

1000-kilovolt ampere output at a maximum top oil temperature of 85 degrees C .......... ________________ kW*

* Round off to nearest tenth of a kilowatt.

(e) Losses measured at a different loading than that which is required, but extrapolated to the required loading, will not be acceptable.

END OF SCHEDULE

SECTION C – Statement / Description ‐ Specification of Work

Please See Section J Attachment No. 1 entitled “Description/Specifications” for the statement of work in its entirety.

SECTION D – Packaging and Marking

There are no clauses included in this section.

SECTION E – Inspection and Acceptance

E.1 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 re-inspection 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.

(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)

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 52.211-13 Time Extensions September 2000 52.242-14 Suspension of Work April 1984

F.2 52.211-10 Commencement, Prosecution and Completion of Work April 1984

The Contractor shall be required to

(a) commence work under this contract within 15 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 no later 300 days from the date of notice to proceed. 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 $1,480.00 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 is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clauses)

SECTION G ‐‐ Contract Administration Data

G.1 1452.201‐70 Authorities and Delegations September 2011

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

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

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

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

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

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

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

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

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

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

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

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

G.2 DOI-AAAP 0028 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:

A copy of the vendor’s original invoice and construction invoice coversheet.

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist at <dhays@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.

G.3 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 Curecanti Field 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.

(End of Local Clauses)

SECTION H ‐‐ Special Contract Requirements

H.1 DOI-AAAP 0050 Contractor Performance Assessment Reporting System (December 2015)

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 webbased 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 PPIRSRC 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.

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 60day 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.

Part II ‐‐ 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 52.203-07 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 Contractor 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 52.209-06 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

October 2015

52.215-02 Audit and Records--Negotiation October 2010 52.219-06 Notice of Total Small Business Set-Aside November 2011 52.219-08 Utilization of Small Business Concerns October 2014 52.219-28 Post-Award Small Business Program Re-representation July 2013 52.222-01 Notice to the Government of Labor Disputes February 1997 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards - Overtime

Compensation May 2014

52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records May 2014 52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014

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 2014 52.223-03 Hazardous Material Identification and Material Safety Data January 1997 52.223-03.a1 Hazardous Material Identification and Material Safety Data

(Alt I) July 1995

52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban text Messaging

While Driving August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-04 Patent Indemnity – Construction Contracts December 2007 52.228-02 Additional Bond Security October 1997 52.228-05 Insurance - Work On A Government Installation January 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds--Construction October 2010 52.229-03 Federal, State And Local Taxes February 2013 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management July 2013

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

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 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 52.236-13.a1 Accident Prevention (Alt I) November 1991 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction February 1997 52.236-21. a2 Specifications and Drawings for Construction Alternate II April 1984 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 June 2016 52.248-03.a 1 Value Engineering – Construction Alt 1 April 1984 52.249-02.a 1 Termination for Convenience of the Government (Fixed-

Price) Alternate I (September 1996) April 2012

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

(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.

I.3 52.215-08 Order of Precedence Uniform Contract Format October 1997

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I.4 52.219-14 Limitations on Subcontracting November 2011

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405- 5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

I.5 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 non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

(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:

I.6 52.228-01 Bid Guarantee September 1996

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

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

The Contracting Officer will return bid guarantees, other than bid bonds--

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

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

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

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

I.7 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.8 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 3 years from the date of substantial completion of the excitation installation. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 3 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 3 years 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.9 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.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.10 1452.203-70 Restriction on Endorsements - 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.11 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.

I.12 1452.215-70 Examination of Records by the Department of the Interior (Deviation) April 1984

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.13 1452.228-70 Liability Insurance - Department of the Interior July 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Worker's Compensation and Employer's Liability: $100,000 General Liability: $500,000 per occurrence Automobile Liability: $200,000 each person $500,000 each occurrence $ 20,000 property damage

(a) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

I.14 WBR 1452.223-80 Asbestos Free Warranty - Bureau of Reclamation October 1992

(a) The Contractor warrants that all items delivered, or work required by the contract shall be free of asbestos in any form whatsoever except for the use of asbestos cement pipe.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the Contractor determines that an asbestos-free product is not available. Contracting Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of this contract.

I.15 WBR 1452.223-81 Safety and Health - Bureau of Reclamation June 2015

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version…