R17PS00153_-_Amendment_0001.pdf

(x)

R17PS00153

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Billings MT 59107

R60

PO Box 36900 Regional Office Great Plains Region Bureau of Reclamation

01/27/20170001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/18/2017

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, X is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Project Title: Box Butte Dam Toe Drain Modifications, Mirage Flats Project, Nebraska

See Page 2 of 2 for changes incorporated by this amendment.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Gerri Voto-Braun

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

7. ADMINISTERED BY (If other than Item 6)

Bureau of Reclamation Great Plains Region Regional Office PO Box 36900 Billings MT 59107

Solicitation Number R14PS00153 Amendment No. 0001

Description of Changes - This amendment incorporates the following changes to the solicitation:

1. Remove Foreword in its entirety and substitute therefore the attached revised Foreword.

2. Remove Table of Contents in its entirety and substitute therefore the attached revised pages i through iv.

3. Remove pages F – 1 and F – 2 from Section F Deliveries or Performance in their entirety and substitute therefore the attached revised pages F – 1 and F – 2.

4. Remove pages I – 9 and I – 10 from Section I Contract Clauses in their entirety and substitute therefore the attached revised pages I – 9 and I – 10.

5. Remove pages L – 7 and L – 8 from Section L Instructions, Conditions, and Notices to Offerors in their entirety and substitute therefore the attached revised pages L – 7 and L – 8.

For convenience, essential changes on the revised solicitation pages are indicated by a vertical line in the margin where lines or paragraphs changed from the previous version. However, all portions of the revised solicitation pages shall apply whether changes thereon have or have not been indicated.

Acknowledgement - See Block 11 above regarding how to acknowledge this amendment. The Government must receive the acknowledgement at the place designated for receipt of bids (See Block 10 of the Standard Form 1442).

Bid Opening Date - The hour and date for receipt of sealed bids has not been extended and remains 2:00 pm MST on February 24, 2017.

Third Party – If you have given a copy of the solicitation to someone else, please forward this amendment accordingly.

(Revised)

Box Butte Dam Toe Drain Modification Mirage Flats Project

Nebraska

FOREWORD

Work is for modifying existing toe drains at Box Butte Dam. Work is located approximately 30 miles northwest of Alliance, Nebraska, in Dawes County.

Principle features of work include: removal and control of water from excavation; excavation of portions of the existing dam embankment and foundation; connecting existing toe drain pipes to new filter/drain system; furnishing and installing new HDPE toe drain pipes; furnishing and placing filter material around existing outlet works; constructing concrete inspection wells and weir box; abandoning existing piezometers; protecting and extending existing piezometers;

furnishing and placing zoned earthfill materials to reconstruct dam embankment; and wetland mitigation development.

TELEPHONE INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO:

Contractual Matters: Gerri Voto-Braun Contracting Officer Billings, Montana Telephone (406) 247-7809 gvotobraun@usbr.gov

FOR DATE AND PLACE BIDS ARE DUE, SEE “SOLICITATION, OFFER, AND

AWARD," STANDARD FORM 1442, IMMEDIATELY FOLLOWING THE TABLE OF

CONTENTS.

FOR INFORMATION REGARDING BUREAU OF RECLAMATION'S PUBLICATION

"RECLAMATION SAFETY AND HEALTH STANDARDS," (2013 EDITION) WHICH IS

APPLICABLE TO WORK UNDER THIS CONTRACT, SEE CLAUSE AT "WBR

1452.223-81 SAFETY AND HEALTH."

YOUR ATTENTION IS DIRECTED TO PART VI, SECTION L, INSTRUCTIONS,

CONDITIONS AND NOTICES TO BIDDERS, WHICH IN PART PROVIDES THAT

“ORAL EXPLANATIONS OR INSTRUCTIONS GIVEN BEFORE THE AWARD OF

CONTRACT WILL NOT BE BINDING."

SITE VISIT: AN ORGANIZED SITE VISIT HAS BEEN SCHEDULED FOR FEBRUARY

2, 2017AT 9:00 AM MST. INTERESTED CONTRACTORS SHALL MAKE

ARRANGEMENTS IN ATTENDING THE SITE VISIT BY CONTACTING MR. KURT

ANDERSON AT 406-247-7785 OR VIA E-MAILAT KAANDERSON@USBR.GOV. SEE

PATRAGRAPH L.17 FOR MORE INFORMATION ON THE SITE VISIT. SINCE IT IS

NOT AN ACTIVE CONSTRUCTION SITE, HARD HATS AND STEEL TOE BOOTS

mailto:KAANDERSON@USBR.GOV

(Revised)

ARE NOT REQUIRED; HOWEVER ATTENDEES SHALL WEAR LONG PANTS,

CLOSED TOE SHOES AND SAFETY VESTS. PROSPECTIVE CONTRACTORS ARE

STRONGLY ENCOURAGED TO ATTEND THE PRE-BID SITE VISIT TO GAIN A

BETTER UNDERSTANDING OF THE WORK REQUIREMENTS AND SITE

CONDITIONS.

SAM: EFFECTIVE JULY 29, 2012, ANY CONTRACTOR INTERESTED IN DOING

BUSINESS WITH THE GOVERNMENT MUST REGISTER IN THE SYSTEM FOR

AWARD MANAGEMENT (SAM) DATABASE PRIOR TO AWARD OF A CONTRACT

OR AGREEMENT. SAM IS A FEDERAL GOVERNMENT OWNED AND OPERATED

FREE WEBSITE THAT CONSOLIDATES THE CENTRAL CONTRACTOR

REGISTRATION (CCR), THE ONLINE REPRESENTATIONS AND CERTIFICATIONS

APPLICATION (ORCA), AND THE EXCLUDED PARTIES LIST SYSTEM (EPLS).

THE VENDOR’S DUNS AND BRADSTREET NUMBER AND BANKING

INFORMATION ARE REQUIRED FOR REGISTRATION. CONTRACTORS MAY

OBTAIN INFORMATION ON REGISTRATION AND ANNUAL CONFIRMATION

REQUIREMENTS VIA THE SAM WEBSITE ACCESSES

THROUGH HTTPS://WWW.SAM.GOV/PORTAL/PUBLIC/SAM/ OR BY THE FEDERAL

SERVICE DESK AT 1-866-606-8220.

PAYMENT REQUESTS FOR THE ANTICIPATED CONTRACT MUST BE

SUBMITTED ELECTRONICALLY THROUGH THE U.S. DEPARTMENT OF THE

TREASURY’S INVOICING PROCESSING PLATFORM (IPP) SYSTEM. THE IPP

WEBSITE IS HTTPS://WWW.IPP.GOV. THE CONTRACTOR MUST USE THE IPP

WEBSITE TO REGISTER ACCESS AND USE IPP FOR SUBMITTING REQUESTS

FOR PAYMENT. CONTRACTOR ASSISTANCE WITH ENROLLMENT CAN BE

OBTAINED BY CONTACTING THE IPP PRODUCTION HELPDESK VIA E-

MAIL IPPGROUP@BOS.FRB.ORG OR PHONE (866) 973-3131. IF THE CONTRACTOR

IS UNABLE TO COMPLY WITH THE REQUIREMENT TO USE IPP FOR

SUBMITTING INVOICES FOR PAYMENT, THE CONTRACTOR MUST SUBMIT A

WAIVER REQUEST IN WRITING TO THE CONTRACTING OFFICER WITH ITS

PROPOSAL OR BID.

Directions to the Site

From Alliance, NE: Travel north on US 385 approximately 26 miles to the Niobrara River. Turn west onto Dunlap Road. Continue on Dunlap Road 5 miles. Turn north on Table Center Road. Continue on Table Center Road for approximately 1/2 mile. Entrance to the Dam is on the left.

From Chadron, NE: Travel south on US 385 approximately 27 miles to the Niobrara River. Turn west onto Dunlap Road. Continue on Dunlap Road 5 miles. Turn north on Table Center Road. Continue on Table Center Road for approximately 1/2 mile. Entrance to the Dam is on the left.

https://www.sam.gov/PORTAL/PUBLIC/SAM/ https://www.ipp.gov/ mailto:ippgroup@bos.frb.org i (Revised)

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

SECTION A – Solicitation, Offer and Award Form, Standard Form 1442

SECTION B – Bid Schedule

SECTION C – Technical Specifications

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 14 10 Use of Site 01 14 12 Work Restrictions 01 14 20 Reservoir Operations 01 31 19 Project Management and Coordination 01 32 10 Construction Program 01 33 00 Submittals 01 35 10 Safety Data Sheets 01 35 20 Safety and Health 01 35 30 Contractor’s Onsite Safety Personnel 01 42 10 Reference Standards 01 46 00 Quality Procedures 01 46 20 Testing Agency Services 01 51 00 Temporary Utilities 01 55 00 Vehicular Access and Parking 01 55 20 Traffic Control 01 56 10 Protection of Existing Installations 01 56 15 Protection of Existing Utilities 01 56 20 Existing Fences 01 56 32 Temporary Safety Fence 01 57 20 Environmental Controls 01 57 30 Water Pollution Control 01 57 50 Tree and Plant Protection 01 57 60 Protected Species 01 60 00 Product Requirements 01 71 20 Surveying 01 74 00 Cleaning and Waste Management 01 78 30 Project Record Documents

DIVISION 02 – EXISTING CONDITIONS

02 41 07 Removal and Disposal of Existing Features

DIVISION 03 - CONCRETE

03 11 10 Concrete Forming 03 15 12 PVC Waterstop 03 15 17 Hydrophilic Strip Waterstop 03 20 00 Concrete Reinforcing 03 30 00 Cast-In-Place Concrete 03 48 16 Precast Weir Box Cover 03 62 20 Nonshrink Grout for Equipment and Metalwork

DIVISION 05 – METALS

05 50 00 Metal Fabrications ii (Revised)

DIVISION 08 – OPENINGS

08 31 20 Access Hatches

DIVISION 31 - EARTHWORK

31 02 10 Water for Dust Abatement 31 03 20 Cofferdam Construction 31 03 33 Removal of Water from Excavation 31 09 10 Abandoning Existing Piezometer 31 09 20 Inspection Wells and Weir Box Instrumentation 31 09 22 Protecting and Extending Existing Piezometers 31 11 00 Clearing and Grubbing 31 14 10 Stripping 31 23 02 Compacting Earth Materials 31 23 16 Excavation of Existing Embankment and Foundation 31 23 18 Excavation from Borrow 31 23 22 Access Road 31 23 25 Wetland Mitigation Development 31 23 39 Disposal of Excavated Materials 31 24 12 Embankment Construction 31 24 13 Zone 1A, Material 31 24 14 Zone 2A, Filter Sand Material 31 24 15 Zone 3A, Gravel Drain Material 31 32 32 Geotextile 31 37 00 Riprap

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 91 19 Placing Topsoil 32 92 20 Seeding

DIVISION 33 - UTILITIES

33 09 12 Inspection Wells 33 46 04 Abandoning Existing Toe Drain Pipes 33 46 36 Toe Drains

DIVISION 51 – INFORMATION TO OFFERORS

51 00 00 Information Available to Offerors 51 31 23 Earth Materials Distribution Chart

DIVISION 52 - DRAWINGS

52 00 00 Drawings

DIVISION 53 - GEOLOGIC INVESTIGATIONS AND RECORDS

53 00 05 Baseline Conditions 53 10 00 Geologic Investigations 53 20 00 Records of Geologic and Subsurface Investigations

SECTION D – PACKAGING AND MARKING

Not Used

SECTION E – Inspection and Acceptance E.1 Material and Workmanship ............................................................................................................. E-1 E.2 Inspection of Construction ............................................................................................................... E-1 E.3 Warranty of Construction ................................................................................................................ E-2

SECTION F – Deliveries or Performance F.1 Commencement, Prosecution and Completion of Work ................................................................. F-1 iii (Revised)

F.2 Variation in Estimated Quantities .................................................................................................... F-1 F.3 Suspension of Work ......................................................................................................................... F-1 F.4 Liquidated Damages – Construction ................................................................................................ F-1 F.5 Time Extensions .............................................................................................................................. F-2

SECTION G -- Contract Administration Data G.1 Authorities and Delegations ............................................................................................................ G-1 G.2 Electronic Invoicing and Payment Requirements – Invoice Processing Platform ........................... G-1 G.3 Notice to Contractors – Contractor Performance Assessment Reporting System ........................... G-2

SECTION H -- Special Contract Requirements H.1 Site Security ..................................................................................................................................... H-1

PART II – CONTRACT CLAUSES

SECTION I -- Contract Clauses I.2 Prohibition on Contracting with Entries that Require Certain Internal Confidentiality Agreements I-3 I.3 Commercial and Government Entity Code Maintenance ................................................................. I-3 I.4 Order of Precedence – Sealed Bidding ............................................................................................. I-4 I.5 Minimum Wages Under Executive Order 13658 ............................................................................. I-4 I.6 Paycheck Transparency Under Executive Order 13673 ................................................................... I-7 I.7 CLAUSE DELETED ........................................................................................................................ I-9 I.8 Paid Sick Leave Under Executive Order 13706 ............................................................................... I-9 I.9 Estimate of Percentage of Recovered Material Content for EPA Designated Items ...................... I-13 I.10 Buy American Act – Construction Materials Under Trade Agreements ........................................ I-14 I.11 Bid Guarantee ................................................................................................................................. I-16 I.12 Additional Bond Security ............................................................................................................... I-17 I.13 Performance and Payment Bonds- Construction ............................................................................ I-17 I.14 Payments Under Fixed-Price Construction Contracts .................................................................... I-18 I.15 Prompt Payment for Construction Contracts .................................................................................. I-20 I.16 Physical Data .................................................................................................................................. I-26 I.17 Specifications and Drawings for Construction – Alternate II ......................................................... I-26 I.18 Changes .......................................................................................................................................... I-27 I.19 Authorized Deviations in Clauses................................................................................................... I-28 I.20 Restriction on Endorsements .......................................................................................................... I-28 I.21 Release of Claims ........................................................................................................................... I-28 I.22 Liability Insurance .......................................................................................................................... I-28 I.23 Asbestos Free Warranty .................................................................................................................. I-29 I.24 Safety and Health ............................................................................................................................ I-29 I.25 Protecting Federal Employees and the Public Exposure to Tobacco Smoke in The Federal Workplace................................................................................................................... I-29 I.26 Certification of Representatives for Corporate Sureties ................................................................. I-30 I.27 Equipment Ownership and Operating Expense .............................................................................. I-30 I.28 Payment for Mobilization and Preparation Work – Alternate I ...................................................... I-31 I.29 Other Invoice Requirements ........................................................................................................... I-33 I.30 Payment for Technical Data ........................................................................................................... I-33 I.31 Claims Accounting ......................................................................................................................... I-33 I.32 Other Contracts ............................................................................................................................... I-33 I.33 Preservation of Cultural Resources ................................................................................................. I-33 I.34 Security Requirements – Alternate III ............................................................................................ I-35 I.35 Modification Proposals – Alternate IV ........................................................................................... I-41

PART III – DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment 1 General Decision Number NE20160048, dated January 7, 2017 iv (Revised)

Attachment 2 Standard Form 24, Bid Bond Attachment 3 Subcontracting Percentage Worksheet

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K -- Representations, Certifications and Other Statements of Offerors K.1 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representations......................................................................................................... K-1 K.2 Annual Representations and Certifications ...................................................................................... K-1 K.3 Information Regarding Responsibility Matters ............................................................................... K-3 K.4 Certification Regarding Tax Matters ............................................................................................... K-4

SECTION L -- Instructions, Conditions and Notices to Bidders L.1 System for Award Management ...................................................................................................... L-1 L.2 Commercial and Government Entity Code Reporting ..................................................................... L-2 L.3 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 ................................................................. L-3 L.4 Availability of Specifications Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) .......................................... L-3 L.5 Amendments to Invitations for Bids ................................................................................................ L-3 L.6 False Statement in Bids ................................................................................................................... L-4 L.7 Submission of Bids .......................................................................................................................... L-4 L.8 Explanation to Prospective Bidders ................................................................................................. L-4 L.9 Late Submissions, Modifications, and Withdrawals of Bids ........................................................... L-4 L.10 Preparation of Bids - Construction .................................................................................................. L-4 L.11 Submission of Offers in the English Language ............................................................................... L-5 L.12 Submission of Offers in U.S. Currency ........................................................................................... L-5 L.13 Type of Contract .............................................................................................................................. L-5 L.14 Construction Wage Rate Requirements – Secondary Site of Work ................................................. L-5 L.15 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction ............................................................................................................................... L-5 L.16 Notice of Buy American Act Requirements – Construction Materials Under Trade Act Agreements ...................................................................................................................................... L-6 L.17 Site Visit (Construction) – Alternate I ............................................................................................. L-7 L.18 Authorized Deviations in Provisions ............................................................................................... L-7 L.19 Service of Protest (Deviation) – Department of Interior .................................................................. L-7 L.20 Notice of Intent to Acquire Metric Products and Services .............................................................. L-8 L.21 Notice of Proposed Partnering ......................................................................................................... L-8 L.22 Instruction for Mobilization and Preparatory Work Schedule Line Item ........................................ L-8 L.23 Authorized Workers Notice to Potential Bureau of Reclamation Contractors ................................ L-9

SECTION M – Evaluation Factors for Award M.1 Contract Award – Sealed Bidding – Construction .......................................................................... M-1 M.2 Notice of World Trade Organization Government Procurement Agreement Evaluations .............. M-1

Box Butte Dam – Toe Drain Modifications Solicitation No. R17PS00153

F - 1 (Revised)

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APR 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 575 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 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.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.4 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,600 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F - 2 (Revised)

F.5 52.211-13 TIME EXTENSIONS SEPTEMBER 2000

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

I - 9 (Revised)

I.7 CLAUSE DELETED

I.8 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2017

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)–

“Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”–

(1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C.

chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8),

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

I - 10 (Revised)

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

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

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall–

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the

L - 7 (Revised)

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

L.17 52.236-27 A1 SITE VISIT (CONSTRUCTION) - ALTERNATE I FEB 1995

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

(b) An organized site visit has been scheduled for 9:00 AM MST on February 2, 2017

(c) Participants will meet at the Dam. Contractors shall park on the upstream edge of the road, allowing space for other vehicles to pass.

L.18 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS APR 1984

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

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

L.19 1452.233-02 SERVICE OF PROTEST -- DEPARTMENT OF THE INTERIOR

(JUL 1996) (DEVIATION)

SEP 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Bureau of Reclamation – Great Plains Region 2021 4th Avenue North P.O. Box 36900 Billings, MT 59101

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511, Washington, D.C. 20240.

L - 8 (Revised)

L.20 WBR

1452.211-80

NOTICE OF INTENT TO ACQUIRE METRIC PRODUCTS AND

SERVICES -- BUREAU OF RECLAMATION

MAR 1993

(a) Metric Transition Plan - The Department of the Interior on December 6, 1991, issued a Metric Transition Program (Part 758 Department Manual Chapter 1) to establish and describe the program's policies and responsibilities. The Bureau of Reclamation (Reclamation), has developed a Metric Transition Plan to implement metrication in Reclamation. This plan describes Reclamation's overall strategy for using the metric system, defines general requirements and procedures for carrying out the transition, and details the tasks with milestones for Reclamation offices to complete.

(b) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act) -

(1) Section 5164 of Public Law 100-418, the Trade Act, amended the Metric Conversion Act of 1975 and designated the metric system of weights and measures for United States trade and commerce.

(2) The Trade Act establishes September 30, 1992, as the implementation date (to the extent economically feasible) for Federal agencies to use the metric system of measurement in its procurements, grants, and other business-related activities.

(3) The Trade Act permits exceptions to the use of the metric system to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units.

(4) As a result of the Trade Act, the President issued Executive Order 12770 dated July 25, 1991, to implement the congressional designation of the metric system as the preferred system of weights and measures for United States trade and commerce.

(c) Bureau of Reclamation Implementation - As a result of the Trade Act, Reclamation will, to the maximum extent practicable, use hard conversion and soft conversion metric systems in designing its construction projects, eventually phasing out use of the soft conversion metric system. Exceptions to this policy will only be made when such use is impractical, produces inefficiencies or market losses, or is not economically feasible.

(d) Expected Results - Reclamation expects its support of the metric system to result in increased use of the metric system by U.S. contractors, thereby increasing their ability to compete in the international marketplace. Increasing use of the metric system by U.S. contractors will eliminate possible restrictions on their bidding in the international marketplace and will eliminate any impact of economic blocks by metric countries restricting the acceptance of non-metric products.

L.21 WBR

1452.233-82

NOTICE OF PROPOSED PARTNERING -- BUREAU OF

RECLAMATION

MAY 1994

Reclamation policy is to try to resolve all contractual issues in controversy by mutual agreement through the use of an appropriate alternative disputes resolution process. Thus to most effectively complete the work required under the future contract, the Bureau of Reclamation proposes to mutually form a voluntary Partnering arrangement with the Contractor.

This bilateral relationship would strive for mutual trust, dedication to common goals, and a understanding of each other's individual expectations and values. The expected benefits would include improved efficiency, cost effectiveness and innovation between all parties to ensure a quality deliverable that is completed on time and within budget. Any cost associated with implementing this Partnering arrangement will be agreed to by both parties and will be shared equally, with no change in contract price. Additional information on Partnering and suggested implementation procedures are contained in the Bureau of Reclamation "Partnering" guide book, that is available from the contracting officer.

L.22 WBR

1452.236-85

INSTRUCTION FOR MOBILIZATION AND PREPARATORY

WORK SCHEDULE LINE ITEM

MAY 2000

The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line item should not exceed 5% of the total bid price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the percentage stated herein.