RFQ.pdf

Columbia-Pacific Northwest Region

Heater Removal and Installation

Palisades Dam Power Plant

Solicitation No. 140R1021Q0019

140R1021Q0019 Palisades Heater Installation i

A SF18 ..................................................................................................................................... A-1

B CONTINUATION OF SF 1449 .......................................................................................... B-1

B.1 CONTINUATION OF BLOCK 19, LINE ITEMS ..................................................... B-1

B.2 CONTINUATION OF BLOCK 20 SCHEDULE OF SUPPLIES/SERVICES .......... B-1

C CONTRACT CLAUSES ..................................................................................................... C-1

C.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) ........................................... C-1

C.2 1452.201-70 Authorities and delegations (Sep 2011).................................................. C-1

C.3 52.204-4 Printed or Copied Doubled-Sided on Postconsumer Fiber Content Paper (Aug 2020) C-2

C.4 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) ............. C-2

C.5 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) ...................................... C-2

C.6 52.204-13 System for Award Management (Oct 2018) ............................................... C-2

C.7 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) ....... C-2

C.8 52.204-21 Basic Safeguarding of Covered Contract Information Systems (Jun 2016)C-2

C.9 1452.204-70 Release of Claims – Department of Interior (Jul 1996) .......................... C-4

C.10 WBR 1452.209-82 Prohibition on Release of Information – Bureau of Reclamation (Jul 1997) C-4

C.11 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01) ........... C-4

C.12 52.219-14 Limitations on Subcontracting (DEVIATION 2019-01) ............................ C-5

C.13 52.222-3 Convict Labor (Jun 2003) ............................................................................. C-7

C.14 52.222-6 Construction Wage Rate Requirements (Aug 2018) .................................... C-7

C.15 52.222-7 Withholding of Funds (May 2014) ............................................................... C-7

C.16 52.222-8 Payrolls and Basic Records (Aug 2018) ....................................................... C-7

C.17 52.222-9 Apprentices and Trainees (Jul 2005) ............................................................ C-7

C.18 52.222-10 Compliance with Copeland Act Requirements (Feb 1998) ...................... C-7

C.19 52.222-11 Subcontracts (Labor Standards) (May 2014).............................................. C-7

C.20 52.222-12 Contract Termination – Debarment (May 2014) ........................................ C-7

C.21 52.222-13 Compliance with Construction Wage Rate Requirements and Relation Regulations (May 2014) .......................................................................................................... C-7

C.22 52.222-14 Disputes Concerning Labor Standards (Feb 1988) ..................................... C-7

C.23 52.222-15 Certification of Eligibility (May 2014) ...................................................... C-7 ii

C.24 52.222-21 Prohibition of Segregated Facilities (Apr 2015) ......................................... C-7

C.25 52.222-26 Equal Opportunity (Sep 2016) .................................................................... C-7

C.26 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) C-7

C.27 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) .................... C-7

C.28 52.222-50 Combating Trafficking in Persons (Oct 2020) ........................................... C-8

C.29 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) .................. C-8

C.30 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) ....................... C-8

C.31 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) ........... C-8

C.32 52.223-6 Drug-Free Workplace (MAY 2001) ............................................................. C-8

C.33 WBR 1452.223-80 Asbestos Free Warranty – Bureau of Reclamation (Oct 1992) .... C-8

C.34 WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace – Bureau of Reclamation (Dec 2009) ................. C-8

C.35 WBR 1452.223-83 Hazardous Substances – Bureau of Reclamation (Oct 2017) ....... C-8

C.36 WBR 1452.223-85 Preservation, Packaging, Packing, Marking, and Labeling of Hazardous Materials (HAZMAT) for Shipments – Bureau of Reclamation (Oct 2017) ........ C-9

C.37 52.225-9 Buy American-Construction Materials (FEB 2021) ................................... C-10

C.38 1452.228-70 Liability Insurance – Department of Interior (Jul 1996) ...................... C-10

C.39 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) C-11

C.40 52.236-2 Differing Site Conditions (Apr 1984) ......................................................... C-11

C.41 52.236-3 Site Investigation and Conditions Affecting Work (Apr 1984) ................ C-11

C.42 52.236-5 Material and Workmanship (Apr 1984) ..................................................... C-11

C.43 52.236-6 Superintendence by the Contractor (Apr 1984) .......................................... C-11

C.44 52.236-7 Permits and Responsibilities (Nov 1991) ................................................... C-11

C.45 52.236-8 Other Contracts (Apr 1984) ........................................................................ C-11

C.46 52.236-9 Protecting Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) ..................................................................................................... C-11

C.47 52.236-10 Operation and Storage Areas (Apr 1984) ................................................. C-11

C.48 52.236-11 Use and Possession Prior to Completion of Work (Apr 1984)................. C-11

C.49 52.236-12 Cleaning Up (Apr 1984) ........................................................................... C-11

C.50 52.236-13 Accident Prevention (Nov 1991), Alternate I (Nov 1991) ....................... C-11

C.51 52.236-14 Availability and Use of Utility Services (Apr 1984) ................................ C-11 iii

C.52 52.236-21 Specifications and Drawings for Construction (Feb 1997), Alternate II (Apr 1984) ............................................................................................................................. C-11

C.53 52.236-26 Preconstruction Conference (Feb 1995) ................................................... C-11

C.54 WBR 1452.237-80 Security Requirements – Bureau of Reclamation (Feb 2017) .... C-11

C.55 52.242-14 Suspension of Work (Apr 1984) ............................................................... C-21

C.56 WBR 1452.242-80 Postaward Conference – Bureau of Reclamation (Jul 1983) ...... C-21

C.57 52.245-1 Government Property (Jan 2017) ............................................................... C-22

C.58 52.245-9 Use and Charges (Apr 2012) ...................................................................... C-22

C.59 52.246-12 Inspection of Construction (Aug 1996) .................................................... C-22

C.60 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements(Aug 1996) ....................................................................................................................................C-22

C.61 52.246-21 Warranty of Construction (Mar 1994) ...................................................... C-22

C.62 52.252-6 Authorized Deviation in Clauses (Nov 2020) ............................................ C-23

C.63 DOI-AAAP-0028, V03 Invoice Processing Platform (IPP) – Treasury Electronic Invoicing System. (Sep 2017) ............................................................................................... C-23

C.64 WBR 1452.232-84 Reclamation Invoicing Submission Requirements (Jun 2020) .. C-24

D ANY CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ....................... D-25

D.1 Statement of Work ..................................................................................................... D-25

D.2 Department of Labor, General Wage Decision No. ID20210027, dated 02/26/2021, 6 pages. D-25

E SOLICITATION PROVISIONS ........................................................................................ E-26

E.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) ................... E-26

E.2 52.204-6 Unique Entity Identifier (Oct 2016) ............................................................ E-26

E.3 52.204-7 System for Award Management (Oct 2018) ................................................ E-26

E.4 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) ........... E-26

E.5 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) .................................................................... E-26

E.6 WBR 1452.209-80 Organizational Conflict of Interest – Bureau of Reclamation (Jul 1997) ...................................................................................................................................E-29

E.7 52.215-1 Instructions to Offerors-Competitive Acquisition (Jan 2017) ..................... E-29

E.8 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984) .............................................................................................................................. E-34

E.9 WBR 1452.215-86 - Evaluation Factors For Award -- Cost or Price Predominance -- Bureau of Reclamation (Sept 2019) ....................................................................................... E-35 iv

E.10 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) .............................................................................. E-36

E.11 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY 2014) E-37

F.12 WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations - Bureau of Reclamation (May 2005) .............................................. E-37

E.13 52.233-2 Service of Protest – Department of Interior (Deviation) (Aug 1996) .......... E-37

E.14 WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations -- Bureau of Reclamation (May 2005) ............................................ E-38

E.15 52.236-28 Preparation of Offers – Construction (Oct 1997) ...................................... E-38

E.16 52.252-5 Authorized Deviation in Provisions (Nov 2020) ......................................... E-38

E.17 Invoicing Projection Information – Bureau of Reclamation – Pacific Northwest Region (Mar 2002) .............................................................................................................................. E-38

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/11/2021 0040525235

1 2

Pacific Northwest Region Regional Office Acquisition Management Division

Bureau of Reclamation

1150 N. Curtis Road, Ste. 100 Boise ID 83706-1234

05/01/2021

Bureau of Reclamation-PN-SRAOE

Palisades Dam 3933 Swan Valley Hwy 26

Irwin

ID 83428

208 378-5104Scott Cooper

04/01/2021 1400 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

00010

Quotes will be accepted electronically through beta.sam.gov or may be emailed directly to the Contracting Officer, Scott Cooper at smcooper@usbr.gov . Questions will be accepted up to seven days before quotes are due.

Responses to questions will be posted as an amendment after the acceptance date for questions has passed.

Legacy Doc #: BOR

Palisades Dam Power Plant Heater Removal and Installation in Accordance with Attached Statement of Work located in Section D.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1 AU $ $

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R1021Q0019

Period of Performance: 30 Days after receipt of award.

Product/Service Code: Y1NB

Product/Service Description: CONSTRUCTION OF

HEATING AND COOLING PLANTS

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

C-1

C CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations: https://www.acquisition.gov/browse/index/far Department of Interior Acquisition Regulations: https://www.doi.gov/pam/programs/acquisition/pamareg

C.2 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.

https://www.acquisition.gov/browse/index/far https://www.doi.gov/pam/programs/acquisition/pamareg

C-2

(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.

C.3 52.204-4 PRINTED OR COPIED DOUBLED-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (AUG 2020)

C.4 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

C.5 52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

C.6 52.204-13 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

C.7 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

C.8 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACT INFORMATION

SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

“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).

C-3

(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 (c), 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.

C-4

C.9 1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF INTERIOR (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

C.10 WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION – BUREAU

OF RECLAMATION (JUL 1997)

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.

(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

C.11 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in

C-5 accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

C.12 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause—

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and

(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work

C-6 that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

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C.13 52.222-3 CONVICT LABOR (JUN 2003)

C.14 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

C.15 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

C.16 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

C.17 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

C.18 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB

1998)

C.19 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

C.20 52.222-12 CONTRACT TERMINATION – DEBARMENT (MAY 2014)

C.21 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATION REGULATIONS (MAY 2014)

C.22 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

C.23 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

C.24 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

C.25 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

C.26 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015)

C.27 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

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

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

C-8

C.28 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

C.29 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020)

C.30 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

C.31 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

C.32 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

C.33 WBR 1452.223-80 ASBESTOS FREE WARRANTY – BUREAU OF

RECLAMATION (OCT 1992)

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever except for the use of asbestos cement pipe.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available. Contracting Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of this contract.

C.34 WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC

FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE –

BUREAU OF RECLAMATION (DEC 2009)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA

C.35 WBR 1452.223-83 HAZARDOUS SUBSTANCES – BUREAU OF RECLAMATION

(OCT 2017)

(a) If the packaged items to be delivered under this contract are of a hazardous substance and ordinarily are intended or considered to be for use as a household item, this contract is subject to the Federal Hazardous Materials Act, as amended (15 U.S.C. 1261-1276), implementing regulations thereof (16 CFR Chapter II), and Federal Standard No. 123, Marking for Shipment (Civil Agencies), issue in effect on the date of this solicitation.

(b) The packaged items to be delivered under this contract are subject to the preparation of shipping documents, the preparation of items for transportation, shipping container construction, package making, C-9 package labeling, when required, shipper’s certification of compliance, and transport vehicle placarding in accordance with Parts 171 through 178 of 49 CFR and the Hazardous Materials Transportation Act.

(c) The minimum packaging acceptable for packaging Department of Transportation regulated hazardous materials shall be those in 49 CFR 173.

C.36 WBR 1452.223-85 PRESERVATION, PACKAGING, PACKING, MARKING, AND

LABELING OF HAZARDOUS MATERIALS (HAZMAT) FOR SHIPMENTS –

BUREAU OF RECLAMATION (OCT 2017)

(a) Definition. “United States,” as used in this clause, means the 48 adjoining U.S. States, Alaska, Hawaii, and U.S. territories and possessions, such as Puerto Rico.

(b) Preservation, packaging, packing, marking, and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following, as applicable:

(1) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organization (IMO).

(2) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code, such as Consumer Commodities classed as ORM-D, shall be packaged in accordance with the IMDG Code and dual-marked with both Consumer Commodity and IMDG marking and labeling.)

(3) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR part 1910.1200.

(4) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International Civil Aviation Organization (ICAO), Technical Instructions.

(5) AFMAN 24-204, Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air Shipments.

(6) Any preservation, packaging, packing, marking, and labeling requirements contained elsewhere in this solicitation and contract.

(c) Preservation, packaging, packing, marking, and labeling of hazardous materials for domestic shipments within the United States in all transport modes shall comply with the following; as applicable:

(1) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180.

(2) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR part 1910.1200.

(3) Any preservation, packaging, packing, marking, and labeling requirements contained elsewhere in this solicitation and contract.

(d) Hazardous Material Packages designated for outside the United States destinations through Forwarding Points, Distribution Centers, or Container Consolidation Points (CCPs) shall comply with the IMDG, IATA, ICAO or AFMAN 24-204 codes, as applicable.

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(e) The test certification data showing compliance with performance-oriented packaging or UN-approved packaging requirements shall be made available to GSA contract administration/management representatives or regulatory inspectors upon request.

C.37 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (FEB 2021)

C.38 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF INTERIOR (JUL

1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person

$500,000.00 each occurrence

$100,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

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C.39 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.40 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

C.41 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING WORK (APR

1984)

C.42 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

C.43 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

C.44 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

C.45 52.236-8 OTHER CONTRACTS (APR 1984)

C.46 52.236-9 PROTECTING EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

C.47 52.236-10 OPERATION AND STORAGE AREAS (APR 1984)

C.48 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION OF WORK (APR

1984)

C.49 52.236-12 CLEANING UP (APR 1984)

C.50 52.236-13 ACCIDENT PREVENTION (NOV 1991), ALTERNATE I (NOV 1991)

C.51 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

C.52 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB

1997), ALTERNATE II (APR 1984)

C.53 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

C.54 WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION

(FEB 2017)

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

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(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO.

If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note:

within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

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(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S.

citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

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(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material.

The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports,…