1._Solicitation_Package_FINAL.pdf

Solicitation No. R17PS00929 Contract No. TBD

HUBZONE SET-ASIDE

Invitation for Bids

TOM WELLS BRIDGE

DEMOLITION

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Region Yuma Area Office Yuma, AZ

This page left intentionally blank

Document No.

R17PS00929

Project Title: Tom Wells Bridge Demolition

FOREWORD

The Bureau of Reclamation, Yuma Area Office has a requirement for demolishing a bridge at Tom Wells.

The work to be done consists of mobilization to the site, demolish a bridge across a wash, transitions sections and bridge abutments; regrade the area; install road signs and barricades; and rip a section of the road. The work is located near Ehrenberg, Arizona. The Tom Wells Bridge was obtained as part of the right-of-way agreement with the State of Arizona to access the quarries east of the bridge. The bridge is no longer needed.

A Site Visit has been scheduled for August 9, 2017, at 10:30 A.M. Arizona Time. Prospective Bidders will meet at the Bureau of Reclamation, Ehrenberg Field Office located at 49354 Ehrenberg-Poston Hwy, Ehrenberg, AZ 85334. Prospective bidders desiring to attend the Site Visit must confirm attendance and contact Ms. Virginia Toledo, Yuma Area Office, Yuma, Arizona, Telephone No. 928-343-8136, Fax No.

928-343-8568 or e-mail vtoledo@usbr.gov. Site visit will be cancelled if no confirmations of attendance are received. Attendees are to provide and wear safety boots and hard hats.

Attendance at the site visit is not mandatory but is highly recommended. Failure by prospective bidders to inspect the site will not relieve prospective bidders from the responsibility of properly estimating the difficulty or cost of successfully performing the work in accordance with the contract requirements.

All questions must be submitted in writing via e-mail to vtoledo@usbr.gov. The subject line should reference the Solicitation Number R17PS00929. Deadline for question is August 11, 2017, at 4 p.m.

Arizona time.

For information regarding Bureau of Reclamation’s Publications Entitled “Reclamation Safety and Health Standards” (2009 Edition), which are applicable to work under this contract, see clause WBR 1452.223- 81 (Safety and Health) located in Section I of the solicitation. The electronic version of the publication can be found at http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Non-Discrimination Notice To U.S. Department of the Interior Contractors, Subcontractors, And Lessors – Bureau of Reclamation--Lower Colorado Region

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.

Offerors are required to have a current registration in the System for Award Management (SAM) to be eligible for contract award. Offerors may register in SAM at http://www.sam.gov. SAM is a new system combining federal procurement systems into one new system. This consolidation is being done in phases.

The first phase of SAM includes the functionality from the following systems: Central Contractor Registration (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application (ORCA) and Excluded Parties List System (EPLS).

Document No.

Project Title: Tom Wells Bridge Demolition

TOC Document No.

Project Title: Tom Wells Bridge Demolition i

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS i-ii

SECTION A – Solicitation, Offer and Award (SF-1442) A-1

SECTION B – Supplies or Services and Prices B.1 The Requirements – Sealed Bidding B-1

SECTION C – Descriptions/Specifications 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 Clauses 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 G-1 G.2 Postaward Conference – Bureau of Reclamation G-2 G.3 Government Administration Personnel G-2 G.4 Contractor Administration Personnel G-2 G.5 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) G-3

SECTION H – Special Contract Requirements H-1 H.1 Notice To Contractors—Contractor Performance Assessment Reporting System H-1 H.2 Green Purchasing Under Construction Contracts H-2

SECTION I – Contract Clauses I-1 I.1 Clauses Incorporated By Reference I-1 I.2 Equal Opportunity for Veterans I-4 I.3 Equal Opportunity for Workers with Disabilities I-4 I.4 Buy American Act – Construction Materials I-4 I.5 Bid Guarantee I-7 I.5 Specifications and Drawings for Construction - Alternate II I-7 I.6 Specifications and Drawings for Construction I-7 I.7 Subcontracts for Commercial Items I-9 I.8 Authorized Deviations In Clauses I-10 I.9 Restriction on Endorsements – Department of the Interior I-10 I.10 Release of Claims – Department of the Interior I-11 I.11 Liability Insurance – Department of the Interior I-11 I.12 Authorities and Limitation – Bureau of Reclamation I-11 I.13 Safety and Health – Bureau of Reclamation I-12 I.14 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in

Federal Workplace – Bureau of Reclamation I-13

TOC Document No.

Project Title: Tom Wells Bridge Demolition ii

I.15 Certification of Representatives for Corporate Sureties – Bureau of Reclamation I-14 I.16 Equipment Ownership and Operating Expense – Bureau of Reclamation I-14 I.17 Payment for Mobilization and Preparatory Work – Bureau of Reclamation I-15 I.18 Preservation of Cultural Resources – Bureau of Reclamation I-17 I.19 Security Requirements – Bureau of Reclamation I-19 I.20 Modification Proposal – Bureau of Reclamation I-25 I.21 Safety Data Submittal Requirements I-26

SECTION J – List of Documents, Exhibits and Other Attachments J-1 J.1 Applicability of Documents J-1 J.2 List of Contract Documents J-1

SECTION K – Representations, Certifications and Other Statements of Bidders K-1 K.1 Clauses Incorporated By Reference K-1 K.2 Annual Representations and Certifications K-1

SECTION L – Instructions, Conditions and Notices to Bidders L-1 L.1 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.3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

L-2

L.4 Type of Contract L-3 L.5 Construction Wage Rate Requirements – Secondary Site of Work L-3 L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L-3

L.7 Notice of Buy American Act Requirement – Construction Materials L-4 L.8 Site Visit (Construction) – Alternate I L-5 L.9 Authorized Deviations In Provisions L-6 L.10 Service of Protest Department of the Interior (Aug 1996) (Deviation) L-6 L-11 Instruction for Mobilization and Preparatory Work Schedule Line Item –

Bureau of Reclamation L-6

SECTION M – Evaluation Factors for Award M-1 M.1 Notice of World Trade Organization Procurement Agreement Evaluations M-1 M.2 Basis of Award – Bureau of Reclamation, Lower Colorado Region M-1

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)

0040327491

Bureau of Reclamation

Lower Colorado Region

Yuma Area Office 7301 Calle Agua Salada

R34

Yuma AZ 85364

Virginia Toledo 928-343-8136 x

07/21/2017

R17PS00929

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

Project Title: Tom Wells Bridge Demolition

The magnitude of construction is between $100,000.00 and $250,000.00.

The North American Industry Classification System Code is 238910 Demolition building and structures and the Small Business Size Standard is $14.0 Million.

This acquisition is HUBZone set-aside.

This solicitation is issued as an Invitation for Bids (IFB) in accordance with FAR

Part 14--Sealed Bidding.

Express-mailed offers should be addressed to Bureau of Reclamation, Yuma Area

Office, Attn: LC-10401 (Virginia Toledo), 7301 Calle Agua Salada, Yuma AZ 85364.

BIDDERS SHALL ANNOTATE THE SOLICITATION NUMBER AND "SEALED BID" DO NOT OPEN ON THE

ENVELOPE.

Offers mailed via United States Postal Service should be mailed at least 5 days

Continued ...

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.)

14 180 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F.2 52.211-10

08/22/2017

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

Virginia Toledo

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

R17PS00929

prior to the date bids are due and addressed as indicated in Block 8 above.

Hand-carried bids and express mail will be received at the Bureau of Reclamation, Yuma Area

Office, Attn: LC-10401 (Virginia Toledo), 7301

Calle Agua Salada, Yuma AZ 85364.

Delivery: 04/02/2018

Delivery Location Code: 0009909996

Bureau of Reclamation-LC-YAO

Yuma Area Office

Warehouse/Receiving

7301 Calle Agua Salada

Yuma AZ 85364-9763 US

FOB: Destination

00010 Tom Wells Bridge Demolition

(Price Schedule CLINs 00010 - 00030)

Period of Performance: 10/01/2017 to 04/02/2018

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Part I - Section A - Solicitation/Contract Form

Document No.

R17PS00929

Project Title: Tom Wells Bridge Demolition A-4

Part I - Section B - Supplies Or Services and Prices

Document No.

Project Title: Tom Wells Bridge Demolition B-1

CONTINUATION OF BID SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES

(a) 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.

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

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

CLIN 1.

(d) Definitions:

(1) CLIN – Contract Line Item Number

PRICE SCHEDULE

CLIN Supplies or Services Quantity Unit Price Amount

00010 Mobilization and Preparation Work 1

Lump Sum $_______ $________

00020 Bonds 1 Lump Sum $_______ $________

00030

Demolish Tom Wells Bridge including abutments, and wing walls, regrade site 1

Lump Sum $_______ $________

TOTAL FOR PRICE SCHEDULE $_________________

Part I - Section B - Supplies Or Services and Prices

Document No.

Project Title: Tom Wells Bridge Demolition B-2

This Page Intentionally Left Blank

Part I - Section C – Description/ Specifications

Document No.

Project Title: Tom Wells Bridge Demolition C-1

SECTION C – DESCRIPTIONS/SPECIFICATIONS

C.1 STATEMENT OF WORK/SPECIFICATIONS/WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Statement of Work contained in Attachment No. 1 of this solicitation/ contract.

Part I - Section C – Description/ Specifications

Document No.

Project Title: Tom Wells Bridge Demolition C-2

This page intentionally left blank

Part I - Section D - Packaging and Marking

Document No.

Project Title: Tom Wells Bridge Demolition D-1

SECTION D – PACKAGING AND MARKING

(There are no clauses in this section)

Part I - Section D - Packaging and Marking

Document No.

Project Title: Tom Wells Bridge Demolition D-2

Part I - Section E – Inspection and Acceptance

Document No.

Project Title: Tom Wells Bridge Demolition E-1

SECTION E – INSPECTION AND ACCEPTANCE

E.1

52.252-2

CLAUSES INCORPORATED BY REFERENCE

February 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:

Federal Acquisition Regulations (FAR) clauses – http://www.arnet.gov/far; and Department of the Interior Acquisition Regulations (DIAR) clauses – http://www.doi.gov/pam/aindex.html

In addition, the clauses can be identified as follows:

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

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 August 1996

Part I - Section E – Inspection and Acceptance

Document No.

R17PS00929

Project Title: Tom Wells Bridge Demolition E-2

Part I - Section F – Deliveries or Performance

Document No.

Project Title: Tom Wells Bridge Demolition F-1

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE February 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:

Federal Acquisition Regulations (FAR) clauses – http://www.arnet.gov/far Department of the Interior Acquisition Regulations (DIAR) clauses -http://www.doi.gov/pam/aindex.html

In addition, the clauses can be identified as follows:

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

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

52.242-14 Suspension of Work April 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor received the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Part I - Section F – Deliveries or Performance

Document No.

Project Title: Tom Wells Bridge Demolition F-2

Part I - Section G Contract Administration Data

Document No.

Project Title: Tom Wells Bridge Demolition G-1

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

Administration Data

Document No.

Project Title: Tom Wells Bridge Demolition G-2

G.2 1452.242-80 POSTAWARD CONFERENCE – BUREAU OF

RECLAMATION

JULY 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.

(b) The conference will be held at the Yuma Area Office, 7301 Calle Agua Salada, Yuma, AZ.

(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 GOVERNMENT ADMINISTRATION PERSONNEL – BUREAU OF RECLAMATION –

LOWER COLORADO REGION

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

(a) Virginia Toledo, Contracting Officer (LC-10201) Bureau of Reclamation 7301 Calle Agua Salada Yuma, AZ 85364 Phone No.: 928-343-8217; Facsimile No.: 928-342-8568 E-mail: vtoledo@usbr.gov

G.4 CONTRACTOR'S ADMINISTRATION PERSONNEL – BUREAU OF RECLAMATION –

LOWER COLORADO REGION

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

Name: _________________________ Title: _________________________ Company: _________________________ Address: _________________________ City/State/Zip: _________________________ Telephone No.: _________________________ E-mail: _________________________

Administration Data

Document No.

Project Title: Tom Wells Bridge Demolition G-3

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INTERNET PAYMENT PLATFORM (IPP)

APRIL 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP).

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. 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 (if applicable) (Forms identified above will be provided during the post award conference)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

Administration Data

Document No.

Project Title: Tom Wells Bridge Demolition G-4

Part I - Section H Special Contract Requirements

Document No.

Project Title: Tom Wells Bridge Demolition H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE TO CONTRACTORS—CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM

DECEMBER 2015

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a 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.

Part I - Section H Special Contract Requirements

Document No.

Project Title: Tom Wells Bridge Demolition H-2

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.

H. 2 GREEN PURCHASING UNDER CONSTRUCTION CONTRACTS

Pursuant to Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and Executive Order 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and wellbeing of Federal employees and contract service providers. Green purchasing contracting has several interacting initiatives, which are described at the following Government or Industry Internet sites:

− Recycled products: www.epa.gov/cpg

− Biobased products: www.biopreferred.gov/

− ENERGY STAR products: www.energystar.gov/

− FEMP designated and low standby power products: www.femp.energy.gov/procurement

− EPEAT computers: www.epeat.net

− Non-Ozone Depleting Alternative Products: www.epa.gov/ozone/strathome.html

− Water-efficient plumbing products: www.epa.gov/watersense

To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, require the use of products that have biobased content, are energy efficient, or have recycled content.

Part II – Section I Contract Clauses

Document No.

Project Title: Tom Wells Bridge Demolition I-1

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations (FAR) clauses – http://www.arnet.gov/far; Department of the Interior Acquisition Regulations (DIAR) clauses http://farsite.hill.af.mil/vfdiara.htm

In addition, the clauses can be identified as follows:

FAR – by the number prefix 52, e.g. 52.252-01, etc.;

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

52.202-1 Definitions November 2013 52.203-3 Gratuities April 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 October 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

April 2014

52.203-19 Prohibition on Required Certain Internal Confidentiality Agreements or Statements

January 2017

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards October 2015

52.204-13 System for Award Management Maintenance July 2013 52.209-6 Protecting the Government’s Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

October 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

November 2015

52.214-29 Order of Precedence – Sealed Bidding January 1986 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award November 2011 52.219-8 Utilization of Small Business Concerns November 2016 52.219-14 Limitations on Subcontracting January 2017 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards – Overtime

Compensation May 2014

Document No.

Project Title: Tom Wells Bridge Demolition I-2

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 July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-37 Employment Reports for Veterans February 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act December 2010

52.222-50 Combating Trafficking in Persons March 2015 52.222-54 Employment Eligibility Verification October 2015 52.222-55 Minimum Wages Under Executive Order 13658 December 2015 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts September 2013

52.223-3 Alt I Hazardous Material Identification and Material Safety Data - Alternate I (July 1995)

January 1997

52.223-6 Drug Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts May 2008

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

August 2011

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

Infringement December 2007

52.227-4 Patent Indemnity-Construction Contracts December 2007 52.228-2 Additional Bond Security October 1997 52.228-5 Insurance - Work on a Government Installation January 1997 52.228-11 Pledges Of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds--Construction October 2010 52.229-3 Federal, State And Local Taxes February 2013 52.232-5 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 January 2017 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management July 2013

52.232-39 Unenforceability of Unauthorized Obligations June 2013

Document No.

Project Title: Tom Wells Bridge Demolition I-3

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors December 2013

52.233-1 Alt I Disputes - Alternate I (December 1991) May 2014 52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-15 Schedules for Construction Contracts April 1984 52.236-21 Alt 2 Specification and Drawings for Construction (Feb 1997)

Alternate II April 1984

52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.243-4 Changes June 2007 52.244-2 Subcontracts October 2010 52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering-Construction October 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)

- Alternate I (September 1996) April 2012

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991 1452.201-80 Authorities and Limitations – Bureau of Reclamation July 1993 1452.223-82 Protecting Federal Employees and the Public from Exposure to

Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation

October 1998

1452.228-84 Certification of Representatives for Corporate Sureties -- Bureau of Reclamation

September 1996

1452.231-81 Equipment Ownership and Operating Expense – Bureau of Reclamation

July 1998

1452.236-84 Preservation of Cultural Resources – Bureau of Reclamation February 2000 1452.243-80 Alt

III

Modification Proposals – Alternate IV (July 1998) – Bureau of Reclamation

December 2001

Document No.

Project Title: Tom Wells Bridge Demolition I-4

I.2 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCTOBER 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, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

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

DISABILITIES

(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 ACT--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.

Document No.

Project Title: Tom Wells Bridge Demolition I-5

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

(ii) The application of the restriction of the Buy American statute to a particular construction

Document No.

Project Title: Tom Wells Bridge Demolition I-6 material would be impracticable or inconsistent with the public interest; or

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Document No.

Project Title: Tom Wells Bridge Demolition I-7

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.5 52.228-1 BID GUARANTEE SEPTEMBER 1996

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

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.6 52.236-21

ALT I

SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (FEB 1997) - ALTERNATE I

(APRIL 1984)

FEBRUARY 1997

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense.