RFP_140R6024R0009.pdf

RECLAMATION

Managing Water in the West

LEADVILLE WATER TREATMENT PLANT

Solicitation No. 140R6024R0009

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

MISSOURI BASIN REGION

BILLINGS, MT

Solicitation

Document No.

140R6024R0009

Document Title Leadville Water Treatment Plant

TABLE OF CONTENTS

SECTION PAGE

Solicitation 140R6024R0009 1

SECTION A – SF-1442 3

SECTION B – Supplies or Services and Prices Leadville Water Treatment Plant 7 SECTION C – Statement / Description / Specification of Work 10 SECTION D – Packaging and Marking 11 SECTION E – Inspection and Acceptance 12 SECTION F -- Deliveries or Performance 13 SECTION G - Contract Administration Data 14 SECTION H -- Special Contract Requirements 15 SECTION I - Contract Clauses 19 SECTION J – List of Attachments and Exhibits 51 SECTION K – Representations, Certifications and Other Statements of OFFERORS 52 SECTION L – Instructions, Conditions, And Notices to Offerors 64 SECTION M -- Evaluation Factors for Award 79

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 CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040602133

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Steven Stone 0000000000

1x 03/11/2024

140R6024R0009

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

The principal components of the work are listed under the project description below:

Construct new 3.2 million gallons per day (MGD) water treatment plant (WTP) adjacent to existing 3.2 MGD WTP.

A. Install:

i. Site retaining walls.

ii. Hot tap with isolation valve on an existing potable water line.

iii. Potable water piping via auger bore under State highway.

iv. Potable water piping along public road.

v. New WTP building.

vi. New storage building.

vii. New diesel emergency generator.

viii. Site improvements, including yard piping, duct banks, stormwater, perimeter fencing and access point modifications, relocation of two existing flammables container buildings, relocation of one 250-gallon diesel fuel storage tank and supporting structure, surface treatments, landscaping, site lighting, and restoration of construction-impacted areas.

B. Site grading, cuts, and fills as required.

Continued ...

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 1826 calendar days and complete it within ________________ ________________ calendar days after receiving

05/06/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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 Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Dwane D. Esplin

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6024R0009

C. Receive delivery of, store, install, startup, and commission water treatment equipment from three Government-furnished equipment supply contracts.

D. Modify:

i. Permanent power supply to WTP site.

ii. Natural gas service to WTP site.

iii. Site's existing septic system.

iv. Telecommunication service to WTP site.

v. Existing pond pump station to reuse existing wet well and replace pump station.

E. Replace:

i. Programmable logic controllers (PLC) hardware and program new PLCs at two existing mine drainage well facilities.

ii. Existing detention pond lining system and associated components.

F. Plug, seal, and abandon existing WTP building's commercial well.

G. Demolish:

i. Existing storage building.

ii. Existing WTP.

H. Remove existing sediment from two existing

18-inch diameter stormwater outfall lines from existing catch basin to pipe outlet.

LOCATION OF THE WORK: The north side of

Leadville, Colorado in Lake County at the

Leadville Mine Drainage Tunnel Water Treatment

Plant, 749 Highway 91, Leadville, CO 80461.

Per the Reclamation Acquisition Regulation (RAR)

WBR 1436.204 Disclosure of Magnitude the estimated magnitude of construction is between

$100,000,000 and $150,000,000

Period of Performance: 09/02/2024 to 09/01/2029

00010 Leadville Water Treatment Plant Construction

Product/Service Code: Y1PD

Product/Service Description: CONSTRUCTION OF

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6024R0009

WASTE TREATMENT AND STORAGE FACILITIES

00020 Optional Price Schedule 2 - Holding Pond Relining 1 AU

(Option Line Item)

Anticipated Exercise Date 09/02/2024

Product/Service Code: Y1PD

Product/Service Description: CONSTRUCTION OF

WASTE TREATMENT AND STORAGE FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – Supplies or Services and Prices

B.1 PRICE SCHEDULES

(a) Offers will be considered for award on the following Price Schedules, but no offer will be considered for award on only part of the Price Schedules:

(1) Offerors shall complete Price Schedule 1 and Optional Price Schedule 2. Offers for less than the total of Schedules 1 and 2 will be considered nonresponsive and will not be evaluated for award.

(2) Government will award Price Schedule 1. Optional Price Schedule 2 will be awarded depending on available funds.

(b) Offers are subject to terms and conditions of this solicitation.

(c) Quantities in the Price Schedules are estimated quantities for comparison of offers only. Except as provided in contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against Government for overruns or underruns.

Contract clause at FAR 52.211-18, Variation in Estimated Quantity, does not apply to lump-sum items.

(d) See contract clause at WBR 1452.232-81 (Section I below), Payment for Mobilization and Preparatory Work, for CLIN 1.

(e) This project requires a Project Labor Agreement (PLA). See FAR provision 52.222-33 and FAR clause 52.222-34 contained herein by full text, and the Submittal Schedule included in the attached specifications (see Section J, Attachments).

(f) Definitions:

(1) CLIN – Contract Line-Item Number

PRICE SCHEDULE 1

CLIN Section Supplies or Services Quantity and Unit Unit Price Amount

1-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

1-2 01 64 40 Government-Furnished Products - Solids Contact Clarifier Equipment

For the lump sum of $

1-3 01 64 40 Government-Furnished Products – Membrane Filtration System

For the lump sum of $

1-4 01 64 40 Government-Furnished Products – Filter Presses

2 Ea $ $

1-5 02 41 00 Demolition of Existing Installations

For the lump sum of $

1-6 05 12 10 Water Treatment Plant (WTP) Facility and Appurtenant Works

For the lump sum of $

1-7 07 41 13 Pre-Insulated Metal Roof Panels Warranties

For the lump sum of $

1-8 08 71 00 Door Hardware Heavy-Duty Electric Strikes Warranty

For the lump sum of $

1-9 08 71 00 Direct Digital Control (DDC) System – HVAC Warranty

For the lump sum of $

1-10 23 52 00 Heating Boilers Warranty For the lump sum of $

1-11 31 23 10 Excavation 36,000 yd3

1-12 31 23 10 Compacted Backfill 11,000 yd3

1-13 31 23 10 Gravel Fill 4,800 yd3 $ $

1-14 31 23 10 Type L Riprap 64 yd3 $ $

PRICE SCHEDULE 1

and Unit Unit Price Amount

1-15 31 23 10 Gravel Surfacing 325 yd3 $ $

1-16 31 23 10 Base Course 430 yd3 $ $

1-17 31 25 10 Erosion Control Blanket 2,800 yd2 $ $

1-18 32 32 00 Retaining Wall Monitoring Plan For the lump-sum of $

1-19 32 92 20 Hydromulch Seed Mix 4,100 yd2 $ $

1-20 33 05 21 Bored Utility Crossing For the lump-sum of

1-21 33 11 14 Reinforced Concrete Pressure Pipe For the lump-sum of

1-22 33 11 17 PVC Gravity Drain 1,934 lin ft

1-23 33 11 18 8-inch Line Pipe 980 lin ft $ $

TOTAL FOR PRICE SCHEDULE 1 $_________________

OPTIONAL PRICE SCHEDULE 2 (Holding Pond Relining) and Unit Unit Price Amount

2-1 31 32 30 Liner System Preparation For the lump sum of $

2-2 31 32 30 Liner System 3,200 yd2

TOTAL FOR OPTIONAL PRICE SCHEDULE 2 $_________________

TOTAL FOR PRICE SCHEDULE 1 and OPTIONAL PRICE SCHEDULE 2 $_________________

(End of Supplies or Services and Prices)

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachments 1-24 for specifications, drawings, and supporting data.

SECTION D – Packaging and Marking

There are no clauses included in this section.

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 this/these address(es):

https://www.acquisition.gov/far/

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements August 1996

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 this/these address(es):

52.211-18 Variation in Estimated Quantity April 1984 52.236-15 Schedules for Construction Contracts 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 _10_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1826 days after receipt of notice to proceed.. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 2024. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

SECTION G - Contract Administration Data

G.1 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING 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, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Once the invoice has been submitted into the IPP system, the Contractor shall also submit an electronic copy of the invoice to the following:

Contracting Officer: (Dwane Esplin – desplin@usbr.gov) Contract Specialist: (Steve Stone – 2sstone@usbr.gov) Procurement Technician: (Scott Becker – tbecker@usbr.gov)

Failure to transmit invoices via electronic transmission may cause significant delay or possible rejection of your payment request.

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 Clause)

G.2 WBR 1452.242-80 POST AWARD CONFERENCE -- BUREAU OF RECLAMATION (MARCH

2022)

(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 virtually using Microsoft Teams.

(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 not be entitled to the reimbursement of any costs associated with attendance at the conference beyond the agreed-to contract price.

https://www.ipp.gov/ mailto:desplin@usbr.gov mailto:sstone@usbr.gov mailto:ippgroup@bos.frb.org

SECTION H -- Special Contract Requirements

H.1 DOI-AAAP-0050 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.

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.

https://www.cpars.gov/

H.2 GP-1 SCHEDULE OF VALUES (JULY 2019)

(a) Definitions.

“Schedule of Values” means the clearly definable tasks, and the cost associated with each of those tasks, which comprise the total work effort required to complete a lump sum contract line item.

(b) Except for the Mobilization and Preparatory Work line item, the Contractor shall submit a Schedule of Values for review and acceptance for all lump-sum Contract Line Item Numbers listed in Section B. The Schedule of Values will be used to assess the intermediate value of work completed for the purpose of making progress payments.

(End of Clause)

H.3 GP-2 PAYMENT FOR TECHNICAL DATA (JULY 2019)

The Contracting Officer shall retain ten percent (10%) from all progress, or other payments made under this contract (excluding any payment for mobilization and preparatory work) until the Contractor receives final acceptance of the contract.

(End of Clause)

H.4 GP-7 SITE SECURITY (FEBRUARY 2004)

(a) At least 10 days prior to arriving at the worksite, the contractor shall submit a list to the Contracting Officer (CO) of the names of all contractor employees that will be on-site initially. Additional employee names must be provided to CO prior to additional employees arriving on-site. The list(s) must include a legible photocopy of each employee's driver's license. In the absence of a driver's license, provide an alternate source of official identification that includes: First, Middle, Last Name; date and place of birth; and place of residence. All contractor employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card or Resident Alien Card authorizing them to work in the U.S.

(b) The contractor is hereby notified of the following:

The Government may perform background checks on any or all workers. If the Government performs background checks, workers shall be required to submit additional personal and work history information. The Government may deny access to any worker at any time, based on information discovered during the background check. Information related to criminal matters (e.g., outstanding arrest warrants) that is discovered during a background check will be reported to the appropriate authorities.

(c) At least 10 days prior to arriving at the worksite, the contractor shall submit an initial list to CO of all contractor vehicles to be brought to the worksite. A supplemental list shall be provided to CO before additional vehicles are brought on-site. For each vehicle the list shall include the year, make, model and color; and license plate numbers and state of issuance when applicable.

(d) Reclamation will provide keys and/or locks to gates and doors, etc. as necessary for contractor personnel to access points within the scope of this project. Any duplication of keys or substitution of locks is strictly prohibited. Contractor shall be accountable to secure and return all keys and/or locks provided by the Government, and shall immediately notify the CO of the loss or misplacement of any provided key and/or lock.

(e) All drawings, plans, and other sensitive documents issued to the contractor shall remain under their direct control at all times. These sensitive documents shall not be reproduced or copied or further distributed without approval from CO.

(f) All firearms and dangerous weapons are prohibited in Federal facilities for all persons not specifically authorized by Title 18, United States Code, Section 930. A license to carry a concealed firearm issued under state law is not an exception to this prohibition. This prohibition shall apply to all areas within the construction worksite and contractor use area.

(g) In case of an emergency situation, the contractor shall follow emergency instructions provided by CO.

(h) Unless exempted by CO, the contractor shall comply with all security requirements already in place at the site, i.e., those security requirements that have been adopted as standard operating procedures at the site.

(i) The contractor shall report to the CO all incidents of criminal and/or suspicious activity observed by their employees on or adjacent to the construction site.

(j) Reclamation reserves the right to change or modify security requirements as mandated by the Office of Homeland Security and/or as deemed necessary by Reclamation security staff.

(k) Any violations of Reclamation security requirements and/or restrictions may result in Reclamation denying the contractor personnel access to the worksite.

(l) Cost - Include cost incurred for General Security Requirements in prices offered in the schedule for other items of work. In the event Reclamation changes of modifies these requirements after the contract is in place, increased Contractor costs will be paid for under the Contract Change Clause.

(m) Contractor shall notify the CO at least 24 hours in advance of any material delivery to worksite. Material may only be delivered to areas approved by CO.

H.5 GP-10 IMPLEMENTATION OF HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (12

JULY 2019)

In accordance with FAR Clause 52.204-09 – Personal Identity Verification of Contractor Personnel, GP-7 – Site Security GP Region, and WBR 1452.237-80 – Security Requirements – Bureau of Reclamation, all contractor personnel having routine access to a Government facility will be required to go through a background investigation to verify their identity and determine their suitability for working on a Government contract. The initial background investigation shall be initiated by the submission of forms GP-PIV-1 and OF- 306 (see section J) by the contractor to the cognizant Contracting Officer or Contract Specialist for each contractor and subcontractor employee. These forms contain Personally Identifiable Information; therefore, the submission of forms GP-PIV-1 and OF-306 shall be made only by encrypted e-mails or paper copies, in a security envelope, delivered through a mail service. These forms shall be submitted at least 30 days prior to an employee’s initial arrival on-site. Once the forms are submitted, each employee will be required to complete the Standard Form 85 – Questionnaire for Non-Sensitive Positions or Standard Form-86 – Electronic Questionnaires for Investigations Processing (e-QIP) system. In addition, each employee will be required to complete electronic fingerprints at one of the thousands of credentialing centers across the United States. Once the employee has completed each of the above steps, the Personnel Security Specialist will determine the employee to be “provisionally suitable” or “not suitable.” If provisionally cleared, the employee will be allowed on-site while the remainder of the background investigation is completed. Any PIV badges provided to contractor (or subcontractor employees), shall be returned to the Contracting Officer or Contract Specialist for any of the following reasons: entire completion of an employee’s work on the subject contract, termination or dismissal of an employee, any other reason where the employee’s future presence at the Government facility is no longer necessary. The Government may charge the contractor for each card that is not returned.

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):

52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 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 June 2020

52.203-13 Contractor Code of Business Ethics and Conduct November 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights November 2023

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

January 2017

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

May 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

June 2020

52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems November 2021 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Entities November 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

November 2021

52.204-27 Prohibition on a ByteDance Covered Application June 2023 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment November 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.210-1 Market Research November 2021 52.211-18 Variation in Estimated Quantity April 1984 52.215-2 Audit and Records – Negotiations June 2020 52.215-8 Order of Precedence – Uniform Contract Format October 1997

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data— Modifications

June 2020

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications June 2020 52.215-17 Waiver of Facilities Capital Cost or Money October 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data – Modifications November 2021

52.219-8 Utilization of Small Business Concerns September 2023 52.219-9 Alt II Small Business Subcontracting Plan September 2023/

November 2016 52.219-16 Liquidated Damages-Subcontracting Plan September 2021 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation May 2018

52.222-6 Construction Wage Rate Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records August 2018 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 September 2016 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-37 Employment Reports on Veterans June 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act December 2010

52.222-50 Combating Trafficking in Persons November 2021 52.222-54 Employment Eligibility Verification May 2022 52.222-55 Minimum Wages Under Executed Order 13658 January 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service

And Construction Contracts September 2013

52.223-3 Alt I Hazardous Material Identification and Material Safety Data – Alternate I

July 1995

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 August 2018

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

June 2020

52.223-21 Foams June 2016 52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.227-1 Authorization and Consent June 2020 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 Instillation January 1997

52.228-11 Pledges Of Assets February 2021 52.228-12 Prospective Subcontractor Requests for Bonds December 2022 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds–Construction June 2020 52.229-3 Federal, State And Local Taxes February 2013 52.232-5 Payments Under Fixed-Price Construction May 2014 52.232-17 Interest May 2014 52.232-18 Availability of Funds April 1984 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 October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payment to Small Business Subcontractors November 2021 52.233-1 Disputes 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 Alt I Quantity Survey Alternate I April 1984 52.236-17 Layout of Work April 1984 52.236-21 Alt II Specifications and Drawings for Construction Alternate II April 1984 52.236-26 Preconstruction Conference February 1995 52.242-5 Payments to Small Business Subcontractors January 2017 52.242-13 Bankruptcy July 1995 52.243-4 Changes June 2007 52.244- 6 Subcontracting for Commercial Items December 2022 52.245-1 Alt I Government Property Alternate I September 2021 52.245-9 Use and Charges April 2012 52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering – Construction October 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)

Alternate I September 1996

52.249-10 Default (Fixed-Price Construction) April 1984 52.249-14 Excusable Delays April 1984 52.253-1 Computer Generated Forms January 1991

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOVEMBER 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

Hotline Posters IAW DIAR 1403.1004

Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at https://www.dol.gov/general/topics/posters & https://www.doioig.gov/complaints-requests/contractor-recipient-resources

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract —

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

I.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOVEMBER 2021)

(a) Definitions. As used in this clause– https://www.dol.gov/general/topics/posters https://www.doioig.gov/complaints-requests/contractor-recipient-resources https://www.doioig.gov/complaints-requests/contractor-recipient-resources

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph ©, in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

I.4 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR

1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. If the Contracting Officer chooses to exercise the option, it will be exercised at time of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

I.5 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCTOBER 2022)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

□ Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

I.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (SEPTEMBER

2023)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents…