R17PS00480_Request_for_Proposals.pdf

Solicitation No. R17PS00480 Contract No. -------------- Service-Disabled Veteran-owned Small Business (SDVOSB) Set-Aside Request for Proposals (RFP)

Evaporative Cooler Replacement

Yuma Area Office Yuma, Arizona

U.S. Department of the Interior Bureau of Reclamation 2017 Lower Colorado Region Yuma, Arizona

Document No.

R17PS00480

Document Title Evaporative Cooler Replacement, Yuma Area Office, Yuma Arizona

THIS PAGE INTENTIONALLY LEFT BLANK

Document Title

FOREWORD

The Bureau of Reclamation (BOR) Yuma Area Office (YAO) has a requirement to replace 12 evaporative coolers ranging in size from approximately 3,800 CFM to 12,000 CFM with stainless steel evaporative coolers. Ancillary work includes furnishing new support stands for the coolers to sit upon, reworking existing cooler control boxes and installation of new controls within them and replacing associated drain lines and water supply lines. Rework and replacement of ductwork is also included. The work will be around chlorine and sulfuric acid storage areas, and compressor noise. Hard hat, eye and noise protection required. The work is located at the Yuma Desalting Plant located just west of Yuma, Arizona.

The street address is 7301 Calle Agua Salada.

OFFER SUBMISSION AND EVALUATION FACTORS: See solicitation Section L for proposal submission instructions (General, Technical and Pricing). For Date and Time of Offer Submission, See Standard Form (SF) 1442. See solicitation Section M.1 for Evaluation Factors for Award.

SITE VISIT: See FAR Provision 52.236-27 Site Visit (Construction) ALT I, at solicitation Section L.8 for site visit information (e.g. date, time, location).

QUESTIONS REQUESTING CLARIFICATION: See solicitation Section L.13, 1452.215-81, General Proposal Instructions--Bureau of Reclamation, which addresses submission of questions.

PERFORMANCE OF WORK REQUIREMENTS/LIMITATIONS ON SUBCONTRACTING: This acquisition is reserved for Service-Disabled Veteran-owned Small Business (SDVOSB) concerns.

Reference FAR Clause 52.219-27 incorporated at Section I.1 for associated performance of work requirements and limitations on subcontracting.

Bureau of Reclamation’s publication entitled “Reclamation Safety and Health Standards” (2009 Edition), with its 2014 Errata Sheet, is applicable to work under this contract. The contractor may download the electronic version on the RSHS Manual at no charge from the Bureau of Reclamation’s website at http://www.usbr.gov/ssle/safety/RSHS/rshs.html

This acquisition is being procured under Federal Acquisition Regulation Part 15, Contracting by Negotiation. The Government intends make an award without conducting discussions with Offerors.

Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint.

Offerors are encouraged to use recycled products in the development of their proposal.

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

SUBCONTRACTORS, AND LESSORS

Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors, and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

Proposals shall be submitted by email to Luis Gallardo at lgallardo@usbr.gov

Postal Mail to:

Bureau of Reclamation Yuma Area Office Attn: Luis Gallardo (LC-10304) 7301 Calle Agua Salada Yuma, AZ 85364 http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Document Title

Overnight Mail to:

Bureau of Reclamation Yuma Area Office Attn: Luis Gallardo (LC-10304) 7301 Calle Agua Salada Yuma, AZ 85364

Hand Delivery to:

Bureau of Reclamation Yuma Area Office Attn: Luis Gallardo (LC-10304) 7301 Calle Agua Salada Yuma, AZ 85364

Document Title

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS

SECTION A -- Solicitation/Contract Form A-1

SECTION B -- Supplies or Services and Prices B-1 B.1 The Requirements – Negotiation B-1 B.2 The Schedule B-2

SECTION C -- Descriptions/Specifications/Statement of Work C-1 C.1 Statement of Work/Specifications/Work Statement C-1

SECTION D -- Packaging and Marking (There are no clauses in this section) D-1

SECTION E -- Inspection and Acceptance E-1 E.1 Clauses Incorporated By Reference E-1

SECTION F -- Deliveries or Performance F-1 F.1 Clauses Incorporated By Reference F-1 F.2 Commencement, Prosecution, and Completion of Work F-1

SECTION G -- Contract Administration Data G-1 G.1 Authorities and Delegations--Department of the Interior G-1 G.2 Postaward Conference--Bureau of Reclamation G-1 G.3 Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP) G-2 G.4 Government Administration Personnel G-2 G.5 Contractor’s Administration Personnel G-3

SECTION H -- Special Contract Requirements H-1 H.1 Contractor Performance Assessment Reporting System H-1 H.2 Employment Verification H-2

SECTION I -- Contract Clauses I-1 I.1 Clauses Incorporated By Reference I-1 I.2 Equal Opportunity for Veterans I-3 I.3 Equal Opportunity for Workers with Disabilities I-4 I.4 Buy American--Construction Materials I-4 I.5 Bid Guarantee I-7 I.6 Subcontracts for Commercial Items I-8 I.7 Authorized Deviations in Clauses I-9 I.8 Restrictions on Endorsements--Department of the Interior I-10 I.9 Release of Claims--Department of the Interior I-10 I.10 Examination of Records by the Department of the Interior I-10 I.11 Liability Insurance--Department of the Interior I-10 I.12 Authorities and Limitations--Bureau of Reclamation I-11 I.13 Asbestos-Free Warranty--Bureau of Reclamation I-12 I.14 Safety and Health--Bureau of Reclamation I-12 I.15 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace--Bureau of Reclamation I-13

I.16 Certification of Representatives for Corporate Sureties--Bureau of Reclamation I-13 I.17 Equipment Ownership and Operating Expense--Bureau of Reclamation I-14

Document Title

I.18 Payment for Mobilization and Preparatory Work--Bureau of Reclamation I-15 I.19 Claims Accounting--Bureau of Reclamation I-17 I.20 Other Contracts (DEVIATION) I-17 I.21 Preservation of Cultural Resources--Bureau of Reclamation I-17 I.22 Security Requirements--Bureau of Reclamation I-19 I.23 Modification Proposals--Bureau of Reclamation I-25 I.24 Safety Data Submittal Requirements--Bureau of Reclamation--Lower Colorado

Region I-25

SECTION J -- List of Attachments J.1 Applicability of Documents J-1 J.2 List of Contract Documents J-1

SECTION K -- Representations, Certifications and Other Statements of Offerors K-1 K.1 Solicitation Provisions Incorporated By Reference K-1 K.2 Annual Representations and Certifications K-1

SECTION L -- Instructions, Conditions and Notices to Offerors L-1 L.1 Solicitation Provisions Incorporated By Reference L-1 L.2 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 L-1

L.3 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Alternate IV

L-2

L.4 Type Of Contract L-2 L.5 Construction Wage Rate Requirements--Secondary Site of Work L-2 L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction L-2

L.7 Notice of Buy American Requirement--Construction Materials L-3 L.8 Site Visit (Construction) - Alternate I L-4 L.9 Authorized Deviations In Provisions L-5 L.10 Brand Name or Equal (DEVIATION) L-5 L.11 Use and Disclosure of Proposal Information--Department of the Interior L-6 L.12 Source Evaluation and Selection Procedures--Bureau of Reclamation L-7 L.13 General Proposal Instructions--Bureau of Reclamation L-9 L.14 Technical Proposal Instructions--Bureau of Reclamation L-11 L.15 Pricing Proposal Instructions--Bureau of Reclamation L-14 L.16 Service of Protest Department of the Interior (DEVIATION) L-15 L.17 Instruction for Mobilization and Preparatory Work Schedule Line Item--Bureau of

Reclamation L-16

SECTION M -- Evaluation Factors for Award M-1 M.1 Evaluation Factors for Award – Lowest Price Technically Acceptable Source

Selection Process--Bureau of Reclamation M-1

M.2 Notice of World Trade Organization Government Procurement Agreement Evaluations--Bureau of Reclamation

M-2

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

Lower Colorado Region

Yuma Area Office 7301 Calle Agua Salada

R34

Yuma AZ 85364

Bureau of Reclamation/Yuma Area Office

Attn: Luis Gallardo (LC-10304) 7301 Calle Agua Salada Yuma, AZ 85364

Luis Gallardo 928-343-8129

1x 07/05/2017

R17PS00480

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

Solicitation Number: R17PS00480

Project Title: Evaporative Cooler Replacement, Yuma Area Office, Yuma, Arizona

The magnitude of construction is between $250,000.00 and $500,000.00.

This acquisition is reserved for Service-Disabled Veteran-owned Small Business

(SDVOSB) concerns.

This solicitation is issued as a Request for Proposals in accordance with FAR Part

15, Contracting by Negotiation.

The North American Industry Classification System Code is 238220; Plumbing, Heating, and Air-Conditioning Contractors.

The small business size standard is $15 million.

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

F.2

08/04/2017

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 Lower Colorado Region

Yuma Area Office 7301 Calle Agua Salada

R34

Yuma AZ 85364

Dennis Dillard

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

Part I-Section A Solicitation/ Contract Form

Document No.

R17PS00480

Document Title Evaporative Cooler Replacement, Yuma Area Office, A-3

Part I-Section B Supplies Or Services and Prices

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Document Title Evaporative Cooler Replacement, Yuma Area Office, B-1

SECTION B--SUPPLIES OR SERVICES AND PRICES

B.1 THE REQUIREMENTS – NEGOTIATION

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

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

(c) Offers will be considered for award on the schedule in Paragraph B.2, but no offer will be considered for award for only a part of the schedule. Offers for only a part of the schedule may be determined technically unacceptable.

(d) Offerors shall complete the schedule in Section B and furnish any additional information required in Section B, as applicable.

(e) Offerors proposing to submit equal product(s), pursuant to the Brand Name or Equal clause of the solicitation are required to furnish descriptive literature which will demonstrate that the equal product offered meets all salient characteristics contained in the specifications. See the Section L provision “Brand Name or Equal (Deviation)”.

(f) The Section I clause entitled "Payment for Mobilization and Preparatory Work" applies to Schedule item(s) for Mobilization and Preparatory Work. Also, see the Section L provision entitled “Instruction for Mobilization and Preparatory Work Schedule Line Item.”

(g) IMPORTANT NOTE: The requirement for submission of a bid guarantee and performance and payment bonds is only applicable to offers in excess of $150,000.

(h) Definitions: CLIN – Contract Line Item Number

Part I-Section B Supplies Or Services and Prices

Document No.

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Document Title Evaporative Cooler Replacement, Yuma Area Office, B-2

B.2 THE SCHEDULE

CLIN Supplies or Services Quantity and Unit

Amount

1 Mobilization and Preparatory Work For the lump sum of $

2 Replace Evaporative Cooler NEC-16-AC701 (5,400 CFM, Building 13)

For the lump sum of $

3 Replace Evaporative Cooler NEC-16-AC702 (5,400 CFM, Building 13)

For the lump sum of $

4 Replace Evaporative Cooler NEC-16-AC703 (3,800 CFM, Building 13)

For the lump sum of $

5 Replace Evaporative Cooler NEC-16-AC704 (3,800 CFM, Building 13)

For the lump sum of $

6 Replace Evaporative Cooler NEC-16-AC705 (6,200 CFM, Building 13)

For the lump sum of $

7 Replace Evaporative Cooler NEC-16-AC706 (6,200 CFM, Building 13)

For the lump sum of $

8 Replace Evaporative Cooler NEC-16-AC708 (12,000 CFM, Building 13)

For the lump sum of $

9 Replace Evaporative Cooler NEC-16-AC709 (12,000 CFM, Building 13)

For the lump sum of $

10 Replace Evaporative Cooler NEC-09-AC701 (4,700 CFM, Building 14)

For the lump sum of $

11 Replace Evaporative Cooler NEC-09-AC702 (4,700 CFM, Building 14)

For the lump sum of $

12 Replace Evaporative Cooler NEC-12-AC701 (4,700 CFM, Building 12)

For the lump sum of $

13 Replace Evaporative Cooler NEC-12-AC702 (4,700 CFM, Building 12)

For the lump sum of $

TOTAL SCHEDULE PRICE $_________________

Part I-Section C Descriptions/Spe cifications/State ment of Work

Document No.

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Document Title Evaporative Cooler Replacement, Yuma Area Office, Yuma Arizona

C-1

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise may be noted) to perform the requirement described in the project Specifications (which also may be referred to hereinafter/used interchangeably with the term Statement of Work (SOW)) contained in Attachment 1 of this solicitation/contract (reference Section J -- List of Attachments).

Part I-Section C Descriptions/Spe cifications/State ment of Work

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Document Title Evaporative Cooler Replacement, Yuma Area Office, Yuma

C-2

Part I-Section D Packaging and Marking

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Document Title Evaporative Cooler Replacement, Yuma Area Office, Yuma

D-1

SECTION D – PACKAGING AND MARKING

(There are no clauses in this section.)

Part I-Section D Packaging and Marking

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Document Title Evaporative Cooler Replacement, Yuma Area Office, Yuma

D-2

Part I-Section E Inspection and Acceptance

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Document Title Evaporative Cooler Replacement, Yuma Area Office, E-1

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.252-2 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):

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar;

Department of the Interior Acquisition Regulations (DIAR) clauses - http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl; and

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and RAR - by the number prefix 1452 and number suffix of -80, e.g. 1452.201-80.

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.246-12 Inspection of Construction AUG 1996 https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl

Part I-Section E Inspection and Acceptance

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Document Title Evaporative Cooler Replacement, Yuma Area Office, E-2

Part I-Section F Deliveries or Performance

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Document Title Evaporative Cooler Replacement, Yuma Area Office, F-1

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.252-2 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):

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar, and Department of the Interior Acquisition Regulations (DIAR) clauses - http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl.

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and

52.242-14 Suspension of Work APR 1984

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

WORK

APR 1984

The Contractor shall be required to (a) commence work under this contract within ten (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 180 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause) https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl

Part I-Section F Deliveries or Performance

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Document Title Evaporative Cooler Replacement, Yuma Area Office, F-2

Part I-Section G Contract Administration Data

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Document Title Evaporative Cooler Replacement, Yuma Area Office, G-1

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS--DEPARTMENT OF

THE INTERIOR

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.

(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.

(End of clause)

G.2 1452.242-80 POSTAWARD CONFERENCE--BUREAU OF

RECLAMATION

JUL 1993

(a) Prior to the Contractor starting work, a postaward 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.

Administration Data

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Document Title Evaporative Cooler Replacement, Yuma Area Office, G-2

(b) The conference may be held by telephone.

(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 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

APR 2013

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice 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: 1.) Invoice (Construction); 2.) Monthly Certificate of Labor Conformance; 3.)

Subcontractor/Supplier Payment Summary; and 4.) Any additional documentation to substantiate each progress payment request and as required by the Contracting Officer’s Representative or Contracting Officer.

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) prior to the contract award date, but no more than 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 tor 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)

G.4 GOVERNMENT ADMINISTRATION PERSONNEL

The contracting office representative responsible for overall administration of this contract is:

Luis Gallardo, Contract Specialist (LC-10304) Bureau of Reclamation 7301 Calle Agua Salada Yuma, AZ 85364 Phone No. 928-343-8129 E-mail: lgallardo@usbr.gov https://www.ipp.gov/ mailto:ippgroup@bos.frb.org mailto:lgallardo@usbr.gov

Administration Data

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Document Title Evaporative Cooler Replacement, Yuma Area Office, G-3

The contracting officer for this contract is:

Dennis Dillard, Contracting Officer (LC-10300) Bureau of Reclamation P.O. Box 61470 Boulder City, NV 89006 Phone No.: 702-293-8431 E-mail: ddillard@usbr.gov

(End of Text)

G.5 CONTRACTOR'S ADMINISTRATION PERSONNEL

The designated Contractor Official who will be in charge of overall administration of this contract is:

Name:

Title:

Address:

City/State/Zip:

Telephone No.:

Facsimile No.:

Email address:

(End of Text) mailto:ddillard@usbr.gov

Administration Data

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Document Title Evaporative Cooler Replacement, Yuma Area Office, G-4

Part I-Section H Special Contract Requirements

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Document Title Evaporative Cooler Replacement, Yuma Area Office, H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DEC 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 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.

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/

Requirements

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H-2 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.

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.

(End of notice)

H.2 1452.222-81 EMPLOYMENT VERIFICATION

It is the contractor’s responsibility to verify employment of its employees. FAR 9.406(b)(2) Causes for Debarment, specifically states, based on a determination by the Secretary of Homeland Security or the Attorney General of the United States, any contractor not in compliance with the INA is a cause for debarment.

Requirements

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Part II-Section I Contract Clauses

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SECTION I -- CONTRACT CLAUSES

I.1 52.252-2 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):

Federal Acquisition Regulations (FAR) clauses - https://www.acquisition.gov/?q=browsefar; and Department of the Interior Acquisition Regulations (DIAR) clauses - http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-1;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-19 Notification of Ownership Changes OCT 1997 https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=c83bc1f346e91d20ba0ef5a8c2512b45&tpl=/ecfrbrowse/Title48/48chapter14.tpl

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52.215-21 Alt

IV

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data--Modifications (Oct 2010) - Alternate IV (Oct 2010)

OCT 2010

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside

NOV 2011

52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards--Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1998 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 FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEPT 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 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-3 Alt I Hazardous Material Identification and Material Safety Data (Jan

1997) - Alternate I (Jul 1995)

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity--Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 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 52.229-3 Federal, State, And Local Taxes FEB 2013 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014

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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 Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes, Alternate I (DEC 1991) MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 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, Alternate I (NOV 1991) NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.244-2 Subcontracts OCT 2010 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price), Alternate I (SEP 1996)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

I.2 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCT 2015

(a) Definitions. As used in this clause-- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, Document No.

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I.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL 2014

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.4 52.225-9 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

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

“Domestic construction material” means—

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

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

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

(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: 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

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(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.

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(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…