IFB_Package.pdf

Solicitation No. R17PS00953 Contract No. TBD Total 100% Small Business Set-Aside Invitation for Bids

Phoenix Area Office Building Waterproofing

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

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Document No.

R17PS00953

Project Title: Phoenix Area Office Building Water Proofing - Glendale, AZ

FOREWORD

The Bureau of Reclamation, Phoenix Area Office, located at 6150 W Thunderbird Rd., Glendale, AZ has a requirement for the labor, materials, equipment, and incidentals necessary waterproof the building’s exterior masonry walls, patios, and storefronts along the patios. The building is approximately 12 years old and is experiencing water infiltration through the permeable concrete masonry unit (CMU) walls, along two exterior patio slabs, through windows and the storefronts located adjacent to the patios.

This acquisition is being procured under federal acquisition regulations part 14, sealed bidding and is set-aside 100% small business. FOR DATE, TIME AND PLACE OF BID OPENING, SEE

"SOLICITATION, OFFER, AND AWARD," STANDARD FORM 1442, IMMEDIATELY

FOLLOWING THE "TABLE OF CONTENTS."

In accordance with Federal Acquisition Regulation (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, this construction project is estimated to be between $100,000 and $250,000.

Offerors are required to have a current registration in the System for Award Management (SAM) to be eligible for contract award. Offerors should register in SAM at http://www.sam.gov .

SITE VISIT: The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors are urged and expected to inspect the site where the work will be performed. A Pre- Bid Site Visit has been scheduled for Monday, July 31, 2017, at 10:00 A.M. Arizona Time.

Prospective Bidders will meet at the Bureau of Reclamation, Phoenix Area Office located at 6150 W Thunderbird Rd., Glendale, AZ. Prospective bidders desiring to attend the Pre-bid Conference should contact Maribel Ruble, Yuma Area Office, Yuma, Arizona, Telephone No. 928-343-8217, Fax No. 928- 343-8568 or e-mail mruble@usbr.gov .

Attendance at the conference and 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.

QUESTIONS: All questions must be submitted in writing via e-mail to mruble@usbr.gov. The subject line should reference the Solicitation Number R17PS00953. Deadline for questions is August 9, 2017, at 12 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.

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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 Post award 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

SECTION I – Contract Clauses I-1 I.1 Clauses Incorporated By Reference I-1 I.2 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements I-4

I.3 Buy American Act – Construction Materials I-4 I.4 Bid Guarantee I-7 I.5 Specifications and Drawings for Construction - Alternate II I-7 I.6 Subcontracts for Commercial Items I-8 I.7 Authorized Deviations In Clauses I-9 I.8 Restriction on Endorsements – Department of the Interior I-11 I.9 Release of Claims – Department of the Interior I-11 I.10 Liability Insurance – Department of the Interior I-11 I.11 Safety and Health – Bureau of Reclamation I-12 I.12 Payment for Mobilization and Preparatory Work – Bureau of Reclamation I-14 I.13 Security Requirements – Bureau of Reclamation I-21 I.14 Safety Data Submittal Requirements I-21

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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 K.3 Information Regarding Responsibility Matters K-4

SECTION L – Instructions, Conditions and Notices to Bidders L-1 L.1 Provisions Incorporated By Reference L-1 L.2 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements—Representation

L.3 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

L-2

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

L.7 Notice of Buy American Act Requirement – Construction Materials L-5 L.8 Site Visit (Construction) – Alternate I L-6 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-7

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

Part I - Section A - Solicitation/Contract Form

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Part I - Section B - Supplies Or Services and Prices

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SECTION B – SUPPLIES OR SERVICES AND PRICES

PRICE SCHEDULE

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. Offers for only a part of the schedule may be determined nonresponsive bid.

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

The quantities in the schedule are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 1.

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

Definitions:

CLIN – Contract Line Item Number

CLIN Supplies or Services Quantity Unit Price Amount

Mobilization and Preparation Work 1

Lump Sum $______ $______

2 CMU Wall Coating 12,300 Square Feet $______ $______

3 Patio Sealing 3,650 Square Feet $______ $______

4 Window Sealing 5000 Linear Feet $______ $______

5 Storefront Waterproofing 150 Linear Feet $______ $______

TOTAL FOR PRICE SCHEDULE $_________________

Part I - Section C – Description/ Specifications

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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 D - Packaging and Marking

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SECTION D – PACKAGING AND MARKING

(There are no clauses in this section)

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Part I - Section E – Inspection and Acceptance

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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 Reclamation Acquisition Regulations (RAR) clauses – http://www.usbr.gov/mso/aamd/resources.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

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Part I - Section F – Deliveries or Performance

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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 Reclamation Acquisition Regulations (RAR) clauses - http://www.usbr.gov/mso/aamd/resources.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 52.211-18 Variation in Estimated Quantity April 1984 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 42 calendar days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

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Part I - Section G Contract Administration Data

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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.

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G.2 1452.242-80 POSTAWARD CONFERENCE – BUREAU OF

RECLAMATION

JULY 1993

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at the Phoenix Area Office, Phoenix, Arizona.

(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) Maribel Ruble, Contract Specialist (LC-10204) Bureau of Reclamation 7301 Calle Agua Salada Yuma, AZ 85364 Phone No.: 928-343-8217; Facsimile No.: 928-342-8568 E-mail: mruble@usbr.gov

The contracting officer for this contract is:

(b) Nicholas Clements, Contracting Officer (LC-10200) Bureau of Reclamation 500 Date Street Bldg. 200 Boulder City, NV 89005 Phone No.: 702-293-8156;

E-mail: nclements@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.: _________________________; Cellular No.:________________________ E-mail: _________________________

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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); courtesy copy to Contract Specialist (mruble@usbr.gov) of IPP submitted invoice; and

2) Monthly Certificate of Labor Conformance.

(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.

(End of Local Clause)

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Part I - Section H Special Contract Requirements

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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.

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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.

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Project Title: Phoenix Area Office Building Water Proofing - Glendale, AZ 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://www.doi.gov/pam/aindex.html; and Reclamation Acquisition Regulations (RAR) clauses – http://www.usbr.gov/pmts/acquisitions/RAR/rar.html

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 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 52.202-1 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

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights April 2014

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 201

52.204-13 System for Award Management Maintenance October 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts October 2016

52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

October 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

July 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

November 2015

52.214-29 Order of Precedence – Sealed Bidding January 1986 52.219-8 Utilization of Small Business Concerns November 2016 52.219-14 Limitations on Subcontracting January 2017

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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

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 52.222-35 Equal Opportunity for Veterans October 2015 52.222-36 Equal Opportunity for Workers with Disabilities July 2014 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

52.223-5 Pollution Prevention and Right-to-Know Information May 2011 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

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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 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 52.236-16 Quantity Surveys April 1984 52.236-17 Layout of Work 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 1452.223-80 Asbestos-Free Warranty – Bureau of Reclamation October 1992 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

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1452.243-80 Alt

III

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

December 2001

I.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JANUARY 2017

(a) Definitions. As used in this clause– “Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

I.3

52.225-9

BUY AMERICAN ACT--CONSTRUCTION MATERIALS

MAY 2014

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which 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.

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

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

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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(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 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.4 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.

(End of Clause)

I.5 52.236-21

ALT I

SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (FEB 1997) - ALTERNATE I

(APRIL 1984)

FEBRUARY 1997

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(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. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise.

The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set

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Alternate I (Apr 1984). When record shop drawings are required and reproducible shop drawings are needed, add the following sentences to paragraph (g) of the basic clause:

Upon completing the work under this contract, the Contractor shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted.

(a) Definitions. As used in this clause— “Commercial item” and “commercially available off-the-shelf item” have the meanings contained in

Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).

(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.

(v) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212(a));

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

I.6 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JANUARY 2017

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(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR…