RFQ_140R6023Q0048_Crane_Service_Boysen.pdf

U.S. Department of the Interior Bureau of Reclamation Missouri Basin and Arkansas-Rio Grande-Texas Gulf Regions Billings, Montana May 2023

Request for Quote

Solicitation No.

140R6023Q0048

Crane Services at Boysen Powerplant

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

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040621718

Bureau of Reclamation

Great Plains Region

Regional Office PO Box 36900

R60

Billings MT 59107

8. ADDRESS OFFER TO

Linda Melnick: Lmelnick@usbr.gov Wendy New: Wnew@usbr.gov

Wendy New 406-247-7807

105/17/2023

140R6023Q0048

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

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.)

10 110 calendar days and complete it within ________________ ________________ calendar days after receiving

PP F1

06/02/2023

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. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

Crane Service at Boysen Powerplant

The magnitude of this project is between $25,000 and $100,000.

The North American Industry Classification System (NAICS)code is 238990- Other Building Equipment Contractors

PSC: W038- Lease or Rental of Equipment- Construction, Mining, Excavating, And Highway Maintenance Equipment

This acquisition is a Total Small Business Set-Aside.

The Small Business Size Standard is $19 Million.

Taxpayer Identification Number: (TIN) _____________________________

Unique Entity ID (UEI)___________________________

Commercial and Government Entity Code: (SAM) ____________________

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Linda Melnick

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6023Q0048

00010

FOB: Destination

Crane Service

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

Sponsored by GSA

FAR (48 CFR) 53.110

Bureau of Reclamation Missouri Basin and Arkansas-Rio Grande-Texas Gulf Regions Billings, Montana May 2023

General Information Request for Quote (FAR 13) All times are Mountain Time Responses Due: June 2, 2023 1:00 pm MT Firm Fixed Price Award is Anticipated

Classification NAIS Code 238990- Other Building Equipment Contractors PSC= W038- Lease or Rental of Equipment- Construction, Mining, Excavating, And Highway Maintenance Equipment.

Description The Bureau of Reclamation anticipates award of a purchase order for crane and operator to remove concrete blocks from the stop log guide slots and installation of the stop logs at Boysen Dam.

Magnitude Between $25,000 and $100,000.

Business Size This acquisition is a Total Small Business Set-Aside. Size Standard of 19.0 million.

Notice to Proceed (NTP) For planning purposes, the anticipated NTP will be around mid- June.

Evaluation Criteria Lowest Price Technically Acceptable

Factor1; Schedule Factor 2; Past performance Factor 3: Price

Point of Contact Send quote via email to: Linda Melnick and Wendy New. lmelnick@usbr.gov and wnew@usbr.gov.

System for Award Management (SAM) Per FAR 52.204-7, effective October 2018, all contractors interested in doing business with the Federal Government must be registered in the System for Award Management (SAM) database when submitting an offer or quotation. Note: Registering in “SAM” does not constitute an automatic award of any contract or agreement to the registering contractor. SAM is a centralized database for consolidating the Central Contractor Registration (CCR), the online Representation and Certifications Application (ORCA), and the Excluded Parties List System (EPLS).

Additionally, the contractors Unique Entity Identity (UEI) and banking information are required for the SAM registration and annual confirmation requirements must be accomplished through the SAM website at https://www.sam.gov. For assistance with registering in SAM, contact the Federal Services Desk at 1-866-606-8220.

mailto:lmelnick@usbr.gov

Bureau of Reclamation Missouri Basin and Arkansas-Rio Grande-Texas Gulf Regions Billings, Montana May 2023

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Payment requests for the anticipated contract or agreement must be submitted electronically through the U.S. Department of Treasury’s “Invoice Processing Platform” (IPP) System via the IPP website at https://www.ipp.gov. Contractors are required to use the IPP website to access and use IPP for submitting request for payment. Registration assistance can be obtained by contacting the “IPP Production Helpdesk” via email ippgroup@bos.fbr.org or phone 1-866-973-3131. If the contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the contractor can submit a waiver request in writing to the Contractor Officer with its proposal.

Note: Waivers will be on a case-by-case basis and not automatically granted as determined by the Contract Officer.

PERFORMANCE WORK STATEMENT

140R6023Q0048

Project Title: Crane Service at Boysen Dam Boysen Powerplant, Fremont County, Wyoming

SECTION -1 - GENERAL

1.1. BACKGROUND

The Bureau of Reclamation anticipates award of a purchase order for crane and operator to remove concrete blocks from the stop log guide slots and installation of the stop logs at Boysen Dam.

1.2. SCOPE OF WORK

The contractor shall furnish all labor, materials, transportation, equipment, tools, and supervision to satisfactorily perform crane service at Boysen Dam. The contractor shall perform all work in accordance with the standards as defined in Section 5 of this Performance Work Statement

(PWS).

1.3. CONTRACTOR PERSONNEL

1.3.1. EMPLOYEES. The contractor shall furnish qualified, experienced, drug-free, and safety-oriented personnel to perform the services under this purchase order. Employees shall promptly correct unsafe working conditions or report them to Reclamation’s Contracting Officers Representative (COR). Employees shall report all accidents or injuries, no matter how minor they may seem to the contractor.

Additionally, this requirement is subject to the applicable Department of Labor Wage Rates under the Service Contract Act of 1965. The contractor shall be responsible for paying employees under this purchase order at least the required minimum monetary wages and fringe benefits.

1.4. SAFETY AND HEALTH REQUIREMENT

The contractor shall comply with the safety and health requirements of Reclamation Clause WBR 1452.223-81. The contractor shall develop and submit a comprehensive safety plan to Reclamation for review within 10 calendar days after the award of purchase order. At a minimum, the contractor’s safety plan shall address the following:

• Statement of Contractor Safety and Health Responsibilities – Acceptance that the contractor shall be responsible for the safety and health of their employees.

• Plan of Compliance with Regulations, Standards, and Codes – The contractor’s commitment and methods to comply with Federal and State safety regulations, standards, and codes.

• Plan of Compliance for use of Sub-Contractors – The contractor’s commitment and methods to ensure that if sub-contractors are used, they are performing the work safely.

• Plan of Procedure for Safety Inspection of Equipment – The contractor’s method of inspecting applicable equipment to ensure that the equipment does not pose a hazard to employees.

• Fire Prevention and Protection – The contractor’s commitment and methods to exercise fire prevention at all times. The contractor shall use and store all combustible material in a safe manner and carry a minimum of a 5 lb., 3-A, 10-BC Dry Chemical fire extinguisher in their vehicle while on site. The contractor shall report any fire hazards within the work area to Reclamation’s COR, and if possible, correct them. In the event of a fire, within or near the work area, the contractor shall immediately call 911 to report the fire and then notify Reclamation’s CO and COR.

• Job Hazardous Analysis (JHA) – The contractor shall submit a job hazard analysis outlining all crane work steps, hazards which may be encountered during work, and measures taken to eliminate or mitigate each hazard.

1.5. SECURITY OR ACCESS REQUIREMENT

The contractor shall submit a site security form including for all employees that will be performing work on-site work. Additionally, a list of all vehicles including license plates. All contract personnel must identify themselves as contractors using a visitor badge or driver’s license within Reclamation facilities. Contractor must check in with Quality Assurance Evaluator (COR) or facility supervisor upon arrival at the facilities. Contractor will need to read MB-7, MB-10, and WBR 1452.237-80 clauses.

1.6. CONTRACTING OFFICERS REPRESENTATIVE (COR). Prior to the commencement of onsite work, the CO will designate the COR, in writing, to act as Reclamation’s authorized representative who assists in the technical administration of the purchase order. The CO will not authorize the COR to make any contractual commitments, or to authorize any contractual changes on Reclamation’s behalf. If any doubt exists as to the extent of the authority of the COR, the contractor shall contact the CO before taking action on the matter.

1.6.1. Reclamation’s COR shall conduct unscheduled inspections of the work performed as part of this purchase order.

1.7. PERIOD OF PERFORMANCE

Reclamation anticipates that the term of the purchase order shall take place from August 21 through August 25, 2023. The work will take approximately 4 to 5 days to complete, and the contractor shall work 10-hour days.

1.7.1. NORMAL HOURS. Crane service shall be performed between the hours of 7:00 a.m. and 5:30 p.m., Mountain Standard Time, Monday through Friday, holidays excluded.

1.7.2. RECOGNIZED HOLIDAYS. The contractor is not required to provide service on recognized Federal holidays established by Federal law (5 U.S.C. 6103). The contractor can find a schedule of the recognized holidays at the following website: http://www.calendar- 12.com/Federal holidays

SECTION 2 – DEFINITIONS

100% INSPECTION. Under this level of monitoring, Reclamation will prepare documentation on all service outputs (i.e. Reclamation will evaluate every task every time the contractor performs the task).

AS DIRECTED, AS REQUIRED, AS PERMITTED, APPROVAL, ACCEPTANCE. Terms that indicate that direction, requirement, permission, approval, or acceptance by the CO are intended unless stated otherwise.

CONTRACTING OFFICER (CO). A duly appointed person with the authority to enter into, administer, or terminate contracts, and to make findings and determinations on behalf of Reclamation. This is the only individual authorized to change the purchase order or any of the requirements stated herein.

CONTRACTOR. The individual, partnership, company, or corporation responsible for the duties and responsibilities under the purchase order. The term also covers requirements for any subcontractor. The contractor is ultimately responsible for ensuring that all subcontractors comply with the terms and conditions of the purchase order.

CONTRACT DISCREPANCY REPORT (CDR). A report initiated by Reclamation, which the Contractor is required to complete, whenever performance is unsatisfactory. The CDR requires the Contractor to explain in writing the reasons why performance was unsatisfactory, how performance will be returned to satisfactory levels, and the corrective action that will be taken to prevent recurrence.

CUSTOMER FEEDBACK. Under this level of monitoring, Reclamation reviews firsthand information from the actual users of the recreation areas. Reclamation will use feedback to supplement other forms of evaluation and assessment.

DEFICIENCY. A shortcoming in the quality or state of services performed.

DEFECTIVE SERVICE. A unit of service which contains one or more defects, or non-conformance with specified requirements.

INSPECTION. The critical examination of a facility, system, or procedure to discover and remedy discrepancies and inefficiencies.

MAJOR DEFICIENCY. Any service feature which would cause the contractor to be determined unacceptable.

PERFORMANCE REQUIREMENTS. Tasks to be performed by the contractor.

PERFORMANCE REQUIREMENTS SUMMARY TABLE (PRST). An outline of the purchase order requirements that identifies the key service outputs that will be inspected or surveyed by Reclamation, related performance standards and method(s) of performance assessment and surveillance.

PERFORMANCE STANDARD. The desired results, expressed by Reclamation, expected from performance of the purchase order services to satisfy the requirements.

QUALITY ASSURANCE. Those actions taken by Reclamation to assure services meet the requirements established in the PWS.

QUALITY ASSURANCE EVALUATOR (COR). A Reclamation person designated by the CO, with authority to act within the scope of the delegated authority including but not limited to, the surveillance and inspection of the contractor’s performance.

SECTION 3 - RECLAMATION-FURNISHED REQUIREMENTS

3.1. GENERAL

The contractor shall understand that in the performance of the purchase order, the contractor is an independent contractor, and not an agent or employee of Reclamation.

3.2. RECLAMATION-FURNISHED PROPERTY AND MATERIALS

Government Furnished property includes everything EXCEPT the crane and the operator.

SECTION 4 – CONTRACTOR-FURNISHED REQUIREMENTS

4.1. GENERAL

The contractor shall be responsible for operating under conditions that preclude the waste of utilities. Reclamation will not permit wasteful or unauthorized use of Government-furnished materials. Reclamation will not be responsible for the loss of or damage to the contractor's property. The contractor is responsible for furnishing all equipment, supplies, tools, employees, etc. to complete the requirement of this contract.

SECTION 5 - SPECIFIC TASKS / SERVICES REQUIRED

5.1. TASKS

1. Removal of concrete blocks from the Stop Log Guide Slots. The blocks are currently located below the water surface. Divers will attach rigging to the concrete blocks, then attach the rigging to the crane hook. These blocks weight approximately 700 pounds each. As the blocks are removed by the crane, they will be loaded onto a Reclamation supplied truck or trailer and moved off-site. Upon completion of the Spillway Gate Testing, the crane will be used to install the concrete blocks back in the Stop Log Guide Slots.

2. Place Center Pier Stop Log Guide Device. Divers will assist with crane placement of this device and verify that it is correctly seated below the water surface.

3. Stop Log Placement: Using Reclamation supplied lifting fixture, the crane will place Stop Logs in the Stop Log Guide Slots. The Stop Logs will be brought from the storage location to Boysen Dam using Reclamation supplied truck or trailer. The crane will pick the Stop Logs directly from the truck or trailer. Upon completion of insertion of all Stop Logs, a full travel gate test will take place. During this testing which could take between 4 – 8 hours, the crane will remain in place but not be in use.

4. Stop Log Removal: After completion of the Full Travel Gate Test, the Stop Logs will be removed from the Stop Log Guide Slots for the 1st gate. The insertion process will be repeated for the 2nd gate. Upon completion of the gate testing, the crane will be used to load the Stop Logs on the truck or trailer to be moved off-site.

The weight of on Stop Log with lifting fixture attached is 18,000 lbs.

The distance from the center of the parking area where the crane will be located to the centerline of the spillway gate stop log bay is 85 feet for gate one and 50 feet for gate two.

The prime contractor for this project will be required to have a representative on-site at Boysen Dam at all times when crane work is in progress. This representative must have a current and valid mobile crane operator certification from the National Commission for the Certification of Crane Operators. This representative cannot be a subcontractor employee. The Contractor will be required to submit a Job Hazard Analysis (JHA) or Job Safety Analysis (JSA) which covers all crane lifting activities prior to the start of work.

This document shall be submitted to the Contracting Officer within 10 days of award. The Contractor will provide any/all equipment and personnel necessary to accomplish the work.

The contractor must recognize that timely and accurate performance of these services is a requirement of the purchase order. Therefore, on-time performance of this work is required.

Reclamation will allow the contractor to use a limited amount of emergency personal time for unforeseen events such as personal illness or immediate family member illness. If the contractor needs to use emergency personal time, then they must contact the CO or COR as soon as possible, but no later than the day of the scheduled service trip. Failure to notify Reclamation may result in payment deductions as specified in Section 5.3.

5.2 PERFORMANCE REQUIREMENTS SUMMARY TABLE (PRST).

The following table summarizes the tasks, the performance standard, monitoring method, and disincentives for not meeting performance standards.

Task Description Performance Standard Methods of

Monitoring Disincentives

Crane Service at Boysen Dam

Crane Service at Boysen Dam

The contractor uses the appropriate equipment, and tools that are in good operational condition for completing the required services in a satisfactory manner.

The contractor shall perform the required services with no deviations

Random Sampling

Customer Feedback

100%

Inspection

(1) Rework at contractor’s expense

(2) Payment deductions as specified in C- 5.3.

5.3. RECLAMATION REMEDIES

All work shall be subject to inspection, approval, and acceptance by Reclamation. Reclamation will compare the contractor's performance to purchase order specifications and will not exclude common sense considerations as applied by Reclamation’s COR. The CO will follow the requirements of FAR Clauses 52.212-04 and 52.246-04 for the contractor’s failure to correct non-conforming services. Reclamation will consider work incomplete when any one of the following conditions exists:

• The contractor did not perform any or all of the tasks.

The mentioned deductions will in no way affect Reclamation’s right under the “Default” clause of the contract. Reclamation explicitly reserves the right to apply any of the above payment provisions and to deduct any appropriate amounts from contractor’s submitted invoices prior to payment of such invoices, which would result in a bilateral modification.

SECTION 6 - SUBMITTALS

6.1. REQUIRED SUBMITTALS

Submittals from the contractor are required during the term of the contract to ensure quality and safe work under the purchase order. Required submittals are as follows:

SEE NEXT PAGE

RSN Clause Or

Section Title

Submittals Required Due date or delivery time

No. of sets to be sent to:

CO COR

1 Alternative

Payment Protections FAR

52.228-13

Alternative Payment Protections Bonds

Within 10 calendar days after award

1 0

Site Security –

MB-7

List of all contractor and subcontractor employees performing work under this purchase order with supporting documentation

(1) List of all vehicles and equipment to be brought on site with supporting documentation

Within 10 calendar days

3 WBR 1452.223-

Contractor’s safety plan

Within 10 calendar days

4 PRST 4 Job Hazard Analysis (JHA) or Job Safety

Analysis (JSA)

Within 10 calendar days after award

0 1

5 Release of Claims 1452.204-70

Release of Claims (DI-

137) against the

Government

After completion of the work and prior to final payment

1 1

REVIEWER ADDRESS. Submittals shall be provided electronically to the COR or the CO per table.

COR: Mark Skoric: MSkoric@usbr.gov

CO: Linda Melnick: Lmelnick@usbr.gov mailto:MSkoric@usbr.gov

PRICE SCHEDULE B

(a) Complete Price Schedule in full.

(b) Definitions:

a. CLIN-Contract Line-Item Number

PRICE SCHEDULE

TOTAL FOR PRICE SCHEDULE $_________________

CLIN DESCRIPTION QUANTITY UNITs UNITs PRICE 1 Mobilization and

Preparatory 1 Lump

Sum

2 Crane 1 Lump Sum

3 Hours 50 Hour $ $

Crane Services at Boysen Powerplant Solicitation No. 140R6023Q0048

E - 1

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(a) Definition - "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before Acceptance:

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

E - 2

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor:

or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

F - 1

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK – ALTERNATE I

APR 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 110 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

F.3 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including

F - 2 those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.4 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

G - 1

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(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.

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

G.2 WBR

1452.201-80

CONTRACTING OFFICER’S REPRESENTATIVE’S

AUTHORITIES AND LIMITATIONS

MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the

COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance.

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within

G - 3 one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Change’s clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

G.3 DOI-AAAP

ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS - INVOICE PROCESSING

PLATFORM (IPP)

APR 2013

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• Construction Invoice (MB Form 04 2016)

• Monthly Certificate of Labor Conformance (MB Form 04 2016)

• Subcontractor / Supplier Payment Summary (MB Form 04 2016)

• Final Payment Only - Release of Claims (DI 137)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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.

https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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Note – Contractors will be required to submit their proposed invoice documents to the COR:

mskoric@usbr.gov. Once this has been reviewed and approved by the COR, the CO/CS will send an approved invoice to the contractor for submission/uploading to IPP.

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 MB-1 SCHEDULE OF VALUES JUL 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.

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.

H.2 MB-7 SITE SECURITY FEB 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

H - 2 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.3 MB-10 IMPLEMENTATION OF HOMELAND SECURITY

PRESIDENTIAL DIRECTIVE 12

JUL 2019

In accordance with FAR Clause 52.204-09 – Personal Identity Verification of Contractor Personnel, MB-7 – Site Security MB Region, and WBR 1452.237-80 – Security Requirements – Bureau of

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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 MB-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 MB-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.

I - 1

SECTION I – CONTRACT CLAUSES

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

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

FAR Clauses - https://www.acquisition.gov/far/

CLAUSE TITLE DATE

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES JUN 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

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS JAN 2017

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER MAY 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (SAM) OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CE…