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Solicitation No. R17PS00307 Specifications No. 20-C0863
Shasta and Keswick Powerplant Excitation System Replacements (RAX 609 and 546)
Shasta and Keswick Powerplant Central Valley Project, California
TABLE OF CONTENTS
SECTION A - Solicitation, Offer and Award Form (SF 1442)
SECTION B - Pricing Schedule
SECTION C - Specifications/Appendices
SECTION D - Packaging and Marking
SECTION E - Inspection and Acceptance
SECTION F - Deliveries or Performance
SECTION G - Contract Administration Data
SECTION H - Special Contract Requirements
SECTION I - Contract Clauses
SECTION J - List of Documents, Exhibits, and Other Attachments
SECTION K - Representations, Certifications and Other Statements of Offerors
SECTION L - Instructions, Conditions and Notices to Offerors
SECTION M - Evaluation Factors for Award
SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
Bureau of Reclamation
Mid-Pacific Region
Regional Office Division of Acquisition Services
R20
2800 Cottage Way, Room E-1815
Sacramento CA 95825-1898
Bureau of Reclamation
Mid-Pacific Regional Office 2800 Cottage Way, Rm. E-1815, Federal Bldg Sacramento, California 95825-1898
Rosana Yousefgoarji 916-978-5004
20-C0863 x 07/18/2017
R17PS00307
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
A. Title: Shasta and Keswick Powerplants Excitation System Replacements
B. Work Site Location: The work is located at Shasta & Keswick Dams, near Redding, CA.
C. Site Visit Information: Site visit information is located in the solicitation in
Section L, Clause 52.236-27.
D. Estimated Price Range: $5,000,000.00 to $10,000,000.00.
E. Set-aside Information: Full & Open Competition
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
7 670 calendar days and complete it within ________________ ________________ calendar days after receiving
Section F
08/17/2017
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
Bureau of Reclamation Mid-Pacific Region
Regional Office Division of Acquisition Services
R20
2800 Cottage Way, Room E-1815
Sacramento CA 95825-1898
Rosana Yousefgoarji
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
R17PS00307
Legacy Doc #: BOR
Delivery: 670 Days After Notice to Proceed
Delivery Location Code: 0009909945
Bureau of Reclamation-MP-RO
Mid-Pacific Regional Office
East Loading Dock
2800 Cottage Way
Sacramento CA 95825-1898 US
FOB: Destination
00010 Shasta and Keswick Powerplants Excitation System 1 AU
Replacements
(Price Schedule CLINs 1 through 11)
See Following Continuation Page
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation No. R17PS00307 Specifications No. 20-C0863
B-1
CONTINUATION OF
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
Shasta and Keswick Power Plant Excitation System Replacement
Mid-Pacific Region-Shasta and Keswick Power Plants Central Valley Project - California
B.1 PRICE SCHEDULES
(a) The contractor shall, except as otherwise noted, provide all necessary labor, equipment, materials, supplies, transportation, travel, and per diem necessary to perform the work specified in the attached Statement of Work.
(b) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.
(c) All offers are subject to the terms and conditions of this solicitation.
(d) Definitions:
(1) CLIN – Contract Line Item Number
PRICE SCHEDULE
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
1) WBR
1452.232-81
Mobilization and Preparatory Work
For the lump sum of $
2) 26 05 02 Basic Electrical Materials and Methods
For the lump sum of $
3) 26 05 10 26 05 33 26 05 38
Conductors and Cable, Electrical Conduit, and Terminal Boxes
For the lump sum of $
4) 26 25 10 Metal-Enclosed Bus For the lump sum of $
5) 48 19 80 Excitation Systems For the lump sum of $
6) 48 19 80 Power Potential Transformers (PPT)
For the lump sum of $
B-2
PRICE SCHEDULE
CLIN Section Supplies or Services Quantity and Unit
Unit Price
Amount
7) 26 25 13 Removing and Modifying Existing Equipment
For the lump sum of $
8) 48 19 80 Spare Parts For the lump sum of $
9) 26 05 36 Removable Cable Trays For the lump sum of $
10) 26 05 10 CREDIT, Salvage for Copper in Removed Control Cables and Conductors and Medium Voltage Cables
For the lump sum of $
11) 01 78 30 Project Record Documents
For the lump sum of $
TOTAL FOR PRICE SCHEDULE $_________________
B-1
SECTION C - DESCRIPTIONS AND SPECIFICATIONS
See the attached Specifications No. 20-C0863
D-1
SECTION D - PACKAGING AND MARKING
There are no clauses in this section.
E-1
SECTION E -- INSPECTION AND ACCEPTANCE
Clause
Title
Date
52.246-12
Inspection of Construction
AUG 1996
F-1
SECTION F - DELIVERIES OR PERFORMANCE
Clause
Title
Date
52.242-14
Suspension of Work
APR 1984
FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984
COMPLETION OF WORK
The Contractor shall be required to
(a) commence work under this contract within 7 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 670 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
FAR 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEP 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 $5,100 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.
G-1
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 This contract shall be administered by the Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.
G.2 WBR
1452.242-80 POSTAWARD CONFERENCE—BUREAU OF RECLAMATION JUL 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 Mid-Pacific Regional Office, 2800 Cottage Way, Sacramento, California 95825-1898.
(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.
G.3 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 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.
The COR will be named at time of award.
(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-2
(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.4 DOI AAAP-050 NOTICE TO CONTRACTORS DEC 2015
CONTRACTOR PERFORMANCE
ASSESSMENT 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.
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.
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/
G-3
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.
G.5 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT (APR 2013)
REQUIREMENTS - INVOICE PROCESSING PLATFORM
(IPP)
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov.
“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.
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 SAM) 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.
No attachments are required to be uploaded to IPP.gov.
Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so, may cause a delay in approval and/or rejection of submitted invoices.
Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit requests for payments (invoices) by following the instructions as described below:
1. To ensure timely processing of invoices under the contract/agreement, the contractor must submit all invoices to the following e-mail address:
sha-mpr-acqconbrinv@usbr.gov
2. A proper invoice shall be submitted by email concurrent with submission to IPP and shall include the information as required by the payment terms and conditions contained in this contract.
3. The subject line of the email shall be formatted to read as follows:
Contract Number_Invoice Number_Contracting Officer’s last name Example: R17PC00001_Invoice No. 1_Smith
4. The Invoice shall be attached to the email and named using the following format:
Contract Number_Contractor Name-Invoice Number-Invoice Amount
(example: R17PC00001_World Test, Inc.-Inv No. 1-$5,678.00
5. Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc.
https://www.ipp.gov/ mailto:sha-mpr-acqconbrinv@usbr.gov
G-4
6. The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.
Emailed Support documents must include, but are not limited to, the following documents:
a. Construction Invoice (Attachment J-12)
b. Monthly Certificate of Labor Conformance (Attachment J-12)
c. Subcontractor / Supplier Payment Summary (Attachment J-12)
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)
H-1
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 SUBSTITUTION OF KEY PERSONNEL
a) The Contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract. No substitutions of key personnel shall be made except in accordance with this clause.
b) Guidance on Substitutions. During the first thirty (30) days of the contract performance period, no personnel substitutions by the contractor will be made unless substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (c) below.
c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting officer. All proposed substitutes must have qualifications equal to or higher than the qualification of the person being replaced. The Contracting Officer or their authorized representative will evaluate such requests and promptly notify the Contractor of the approval or disapproval thereof.
I-1
SECTION I - CONTRACT CLAUSES
52.252-02
CLAUSES INCORPORATED BY REFERENCE
FEB 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 this/these address(es):
https://www.doi.gov/pam/programs/acquisition/pamareg (DIAR 1452.XXX-XX formatted clauses) https://www.acquisition.gov/?q=/browse/far/52 (FAR 52.XXX-XX formatted clauses)
Clause Title Date 1452.215-70 Examination of Records by the Department of the Interior APR 1984 52.202-01
Definitions NOV 2013
52.203-03
Gratuities APR 1984
52.203-05
Covenant Against Contingent Fees MAY 2014
52.203-06 Restrictions on Subcontractor Sales to the Government SEP 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 OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
APR 2014
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-04
Printing/Copying Double-Sided on Recycled Paper MAY 2011
52.204-07 System for Award Management OCT 2016 52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016
52.204-13
System for Award Management Maintenance OCT 2016
52.204-14
Service Contract Reporting Requirements OCT 2016
52.204-19
Incorporation by Reference and Certification DEC 2014
52.209-06
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015
52.215-02 Audit and Records - Negotiation OCT 2010
52.215-08 Order of Precedence - Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data –
Modifications
AUG 2011
52.215-15
Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005
I-2
(PRB) Other Than Pensions
52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications
OCT 2010
52.219-08
Utilization of Small Business Concerns NOV 2016
52.219-09 Small Business Subcontracting Plan JAN 2017
52.219-16 Liquidate Damages – Subcontracting Plan JAN 1999
52.219-28 Post-Award Small Business Program Representation JUL 2013
52.222-03 Convict Labor JUN 2003 52.222-04 Contract Work Hours and Safety Standards Act-Overtime
Compensation
MAY 2014
52.222-06
Davis-Bacon Act 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 JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination – Debarment MAY 2014
52.222-13 Compliance with Davis-Bacon and Related Act Regulations MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26
Equal Opportunity SEP 2016
52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35
Equal Opportunity for Veterans OCT 2015
52.222-36
Equal Opportunity For Workers with Disabilities JUL 2014
52.222-37
Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.223-03 Alt I Hazardous Material Identification and Material Safety Data (JAN 1997) - Alternate I
JUL 1995
52.223-04
Recovered Material Certification MAY 2008
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 AUG 2011
I-3
Driving
52.225-05 Trade Agreements OCT 2016 52.225-13
Restrictions on Certain Foreign Purchases JUN 2008
52.227-01 Authorization and Consent DEC 2007 52.227-02
Notice And Assistance Regarding Patent And Copy Infringement DEC 2007
52.227-04 Patent Indemnity – Construction Contracts DEC 2007 52.228-02 Additional Bond Security OCT 1997 52.228-05 Insurance - Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds - Construction OCT 2010 52.229-03
Federal, State And Local Taxes FEB 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 JAN 2017
52.232-33
Payment by Electronic Funds Transfer – System for Award Management
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payment to Small Business Subcontractors DEC 2013
52.233-01 Alt I Disputes – (MAY 2014) - Alternate I DEC 1991
52.233-03 Protest After Award AUG 1996
52.233-04 Applicable Law For Breach Of Contract Claim OCT 2004
52.236-02 Differing Site Conditions APR 1984
52.236-03 Site Investigation and Conditions Affecting the Work APR 1984
52.236-05 Material and Workmanship APR 1984
52.236-06 Superintendence by the Contractor APR 1984
52.236-07 Permits and Responsibilities NOV 1991
52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10
Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Alt I Accident Prevention (NOV 1991) – Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
I-4
52.236-17 Layout of Work APR 1984
52.236-21 Alt I Specifications and Drawings for Construction (FEB 1997) – Alternate I APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995 52.243-04
Changes JUN 2007
52.245-1 Government Property – Alternate I (JAN 2017) APR 2012 52.245-09 Use and Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.248-03
Value Engineering – Construction OCT 2015
52.249-02 Alt I
Termination for Convenience of the Government (Fixed-Price) (APR 2012) – Alternate I SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-01
Computer Generated Forms JAN 1991
1452.203-70 RESTRICTIONS ON ENDORSEMENTS-DEPARTMENT OF THE INTERIOR JUL 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.
1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF THE INTERIOR JUL 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.
1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR JUL 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:
$200,000 each person $500,000 each occurrence $20,000 property damage
(b) 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.
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1452.237-70
INFORMATION COLLECTION – DEPARTMENT OF THE
INTERIOR
JUL 1996
If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND APR 2014
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
FAR 52.222-55 MINIMUM WAGE UNDER EXECUTIVE ORDER 13658 DEC 2015
(a) Definitions. As used in this clause-- “United States'' means the 50 states and the District of Columbia.
“Worker''—
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and—
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order Minimum Wage rate.
(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates.
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The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)
(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O.
minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)
(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program 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, are covered.
(2) This clause does not apply to--
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29
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U.S.C. 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records.
(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.
(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.
(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.
(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.
(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.
(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.
(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage
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Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.
52.225-11 BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER OCT 2016
TRADE AGREEMENTS
(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 (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark. Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin
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Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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…
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