Sol_140F0120Q0146.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

NOTICE TO OFFERORS

Solicitation Number: 140F0120Q0146

Description: Replacement of the irrigation delivery system

Location: Sonny Bono Salton Sea National Wildlife Refuge, Calipatria, CA 92233 (Imperial County)

Instructions to Offeror:

Before submitting an offer, read the entire solicitation package carefully. Return the following items with your response. Failure to submit the below required items will result in a submission being Technically-Unacceptable and will not be considered for award.

• SF18 (completed)

• Amendment(s) Acknowledged (if any)

• Price Schedule

• Bid Bond

• Submission Requirements of Evaluation

Factors (See sections L&M)

Successful awardee will need to be active in the System for Award Management database (www.sam.gov) and complete Online Representations and Certifications at www.sam.gov.

Site Visit: A site visit is scheduled for August 5, 2020 starting at 9:00 AM Local Time. Participants will meet Chris Schoneman at 906 W. Sinclair Road Calipatria, CA 92233. Then as group all attendees will follow Chris and drive to 3 different locations in their own vehicles to review the work area for each site. Attendees should be award that the weather will be hot and should dress appropriately for hot weather and bring plenty of water for themselves. Participants must abide by Federal, State, and Local COVID 19 requirements and practice social distancing during the visit.

Submission of Questions: Questions shall be electronically submit directly to Ryan Boisvert (Ryan_Boisvert@fws.gov). Answers will be provided by issuance of an amendment.

Offer Due Date: August 19, 2020 at 5:00 PM PT

Basis for Award: Lowest Price Technically Acceptable (LPTA). Refer to evaluation factors.

Bonding Requirements: 20% Bid Bond; 100% Payment Bond; 100% Performance Bond

Project Magnitude: Between $100,000 and $250,000

Email Offer and Electronic Copy of Bond(s) to: Ryan_Boisvert@fws.gov

For Further Information:

Contact: Ryan Boisvert, Ryan_Boisvert@fws.gov

All questions and quotes must be submitted to Ryan Boisvert via email only.

When submitting questions or your quote, please be sure to include the solicitation number in the subject line of your email.

http://www.sam.gov/ http://www.sam.gov/ mailto:Ryan_Boisvert@fws.gov mailto:Ryan_Boisvert@fws.gov

140F0120Q0146

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

07/17/2020 0040499412

1 58

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

FWS, DIVISION OF CONTRACTING AND GE

04/30/2021

FWS SONNY BONO SALTON SEA NWR COMPL

906 WEST SINCLAIR ROAD

CALIPATRIA

CA 92233-9744

413 253-8531Ryan Boisvert

08/19/2020 1700 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This opportunity is only available to Small Businesses. The U.S. Fish & Wildlife Service, Lower Colorado Basin Region 8, is in need for construction services for the replacement of the irrigation delivery system at the Sonny Bono Salton Sea National Wildlife Refuge, Calipatria, CA 92233 (Imperial County). This requirement is being procured in accordance with FAR Part 13, Simplified Acquisition Procedures. This will be a Firm Fixed Priced Contract and Award will be based on Lowest-Price Technically-Acceptable

(LPTA).

The Solicitation is posted to https://beta.sam.gov/ under Contract Opportunities. Interested contractors must be 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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140F0120Q0146 registered in SAM (System for Award Management, www.sam.gov) and complete Online Representations and Certifications.

A site visit is scheduled for August 5, 2020 starting at 9:00 AM Local Time. Participants will meet Chris Schoneman at 906 W. Sinclair Road, Calipatria, CA 92233. Then as group all attendees will follow Chris and drive to 3 different locations in their own vehicles to review the work area for each site. Attendees should be award that the weather will be hot and should dress appropriately for hot weather and bring plenty of water for themselves. Participants must abide by Federal, State, and Local COVID 19 requirements and practice social distancing during the visit.

The work will commence within 15 days after a

Notice to Proceed is issued and shall start no earlier than March 1, 2021 be completed by April

30, 2021.

The NAICS code is 237110 ¿ Water and Sewer Line and Related Structures Construction with a Small

Business Size Standard of $39.5 million. The project magnitude is between $100,000 and

$250,000.

Bonding Requirements: 20% Bid Bond, 100% Payment

Bond, 100% Performance Bond

Direct questions in writing to Ryan Boisvert, Ryan_Boisvert@fws.gov

Legacy Doc #: FWS

Period of Performance: 03/01/2021 to 04/30/2021

00010 Irrigation Delivery System Replacement

Delivery: 04/30/2021

List of Attachments:

1. Statement of Work, 4 pages

2. Ditch Redesigns, 4 pages

3. Wage Determination, 26 pages

4. Pricing Schedule, 1 page

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

SECTION C

Description/Specifications

The Contractor shall furnish all labor, materials, equipment, and supervision required for the replacement of the irrigation delivery system at the Sonny Bono Salton Sea National Wildlife Refuge, Calipatria, CA 92233 (Imperial County), as shown in the Statement of Work.

SECTION D

Packaging and Marking

1. Payment of Postage and Fees

All postage and fees related to submitting information forms, reports, etc., to the CO or the COR shall be paid by the contractor.

2. Marking

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

SECTION E

Inspection and Acceptance

52.246-12 Inspection of Construction. (Aug 1996) 52.246-21 Warranty of Construction. (MAR 1994)

SECTION F

Deliveries of Performance

52.211-10 -- Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 15 days after a Notice to Proceed is issued and shall start work on site no sooner than March 1, 2021,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than April 30, 2021. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

SECTION G

Contract Administration Data

1. CONTRACT REPRESENTATIVE

Contracting Officer (CO) responsible for this contract:

Ryan Boisvert Contracting Officer Construction/A&E Operations Joint Administrative Operations U.S. Fish & Wildlife Service Ryan_Boisvert@fws.gov

(413) 253-8531

Contracting Officer's Representative (COR) for this contract:

CO will act as COR until further notice.

2. CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON

The COR will act like as a liaison between the U.S. Fish & Wildlife Service herein referred to as “Service” and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.

3. JOB SITE ADMINISTRATION

Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. No one but the CO and COR is authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent superintendent (hereinafter referred to as the “Contractor’s Superintendent” who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed.

(See Superintendence by the Contractor, Section I, Federal Acquisition Regulations (FAR) Clause 52.236-6.)

4. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP)

(SEPTEMBER 2011)

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 to the Contracting Officer before the electronic invoice is submitted into IPP:

• Hardcopy invoice is to be submitted to Contracting Officer for review and approval before electronic invoice is entered.

• Prime contractor and subcontract payrolls

• Payment Request Certification

• Release of Claims (final invoice)

• SF 1413 – Statement and Acknowledgment (if applicable)

• Warranty Certificates (if applicable)

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

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

(End of Template)

SECTION H

Special Contract Requirements

1. UTILITIES

The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

2. GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their"

3. SAFETY

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project.

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

c. The Contractor shall initiate and maintain an effective safety program that provides adequate systematic policies, procedures, and practices to protect their employees from and allow them to recognize, job-related safety and health hazards. The program shall include provisions for the systematic identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The Contractor shall immediately notify the CO of any accident, incident, or exposure resulting in a fatality, lost-time injury, or property loss/damage of $2,500 or more arising out of work performed under this contract. The Contractor shall investigate all work-related accidents/incidents to the extent necessary to determine their cause(s) and furnish the CO an investigative report outlining findings and proposed or completed corrective actions. The contractor shall, when required by the CO, have a separate and complete independent investigation of the accident/incident, and submit a comprehensive report of findings and recommendations to the CO. The CO shall consult with the COR and Service safety personnel in reviewing the investigation report and corrective actions. If the contractor fails or refuses to institute prompt corrective action, the CO may invoke the suspension-of-work clause in this contract or any other remedy available to the government. Any delay or cost resulting from a safety-related suspension of work will be borne by the Contractor.

e. In the event of an accident/incident, the Contractor shall be responsible for providing and obtaining appropriate medical and emergency assistance. Except for rescue and emergency measures, the scene of the accident/incident shall not be disturbed or the operation resumed until the on-site aspect of the investigation has been completed.

f. Service safety personnel and representatives from Federal, State, and local government agencies shall have the right to examine and conduct an investigation at sites or areas where work under this contract is being performed. The absence of such investigations shall not relieve the contractor of their safety program responsibilities.

4. ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA); Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

5. SUBMITTALS

a. It is the responsibility of the contractor to identify all submittals required by the specifications, referencing the Subdivision applicable, and submit the list to the CO and COR within 14 calendar days after contract award. Failure to list a submittal will not relieve the contractor from submission of required information. A Submittal Register will be provided for completion.

b. All submittals requiring approval shall be submitted by the Contractor using a government-approved submittal form. The form must include the contract number and description of contents. All submittals shall be submitted for a 14 calendar day review by the COR, to allow adequate review prior to commencement of work in that area. (See Materials and Workmanship, Section I, FAR Clause 52.236-5.)

6. APPLICABLE WAGE RATE DECISION

The Secretary of Labor has made a determination of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on this project. The decision number and date with minimum rates for this project are shown in Section J.

The Contractor must furnish copies of their payrolls to the CO, weekly, seven (7) days after close of payroll period.

7. WORK HOURS

Working hours for the Contractor must be in accordance with the operational hours of each site being worked on., Monday thru Friday, excluding Saturdays, Sundays, and legal holidays. Advance coordination with the CO is required prior to working at any other time.

8. PRECONSTRUCTION CONFERENCE

a. After award, the Contractor shall attend a preconstruction conference with representatives of the Government at a time and place mutually agreed upon. (See Preconstruction Conference, Section I, FAR Clause 52.236-26.)

9. CHANGES

During the performance of this contract, various Government personnel will periodically appear on the job site to inspect contractor performance. The contractor is advised that ONLY the CO has the authority to direct or approve any change for work that will affect the price, quality, quantity, or performance time.

10. COST BREAKDOWN OF CONTRACT PAYMENTS

a. Contractors must furnish a cost breakdown of any lump sum items which will provide the basis for progress payments. The cost breakdown shall be submitted in a format acceptable to the Contracting Officer and each item shall include overhead and profit. Contractor and COR must agree on the percentage of work completed at the end of each month. Contractor will submit an invoice monthly for payment to the CO. This invoice must be signed by the COR or it will be returned to the Contractor and will delay payment. A correctly signed invoice is reviewed by the COR who prepares a contract progress report, and returns the payment request to the CO who approves and processes for payment.

b. Payments are authorized by FAR Clause 52.232-5, which requires that the Contractor certify with each payment request that he has paid or will pay with the proceeds of the payment his employees and subcontractors.

11. PROGRESS SCHEDULE/REPORTS

A contract progress schedule is required within 10 days after work commences. Actual progress must be reported on a contract progress report every two weeks. A copy of these forms shall be provided to you. (See Schedules for Construction Contracts, Section I, FAR Clause 52.236-15.)

12. MODIFICATION PROPOSALS-PRICE BREAKDOWN

a. The Contractor shall furnish an itemized price breakdown, within the time specified by the Contracting Officer, with any proposal for a contract modification.

b. The price breakdown:

c. Must include sufficient detail of all costs for—

(1) Material;

(2) Labor;

(3) Equipment;

(4) Subcontracts; and

(5) Overhead and Profit; and

d. Must cover all work involved in the modification, whether the work was deleted, added, or changed.

e. The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

f. The Contractor's proposal shall include a justification for any time extension proposed. A revised progress schedule will be required if time is adjusted.

13. QUALITY CONTROL

The Contractors Quality Control Inspector and/or Superintendent shall ensure all items on the Pre-Final Punch List, rejected and nonconforming work, along with all remaining work conforms to the contract terms, construction documents and industry standards, prior to the final inspection. The Contractor is responsible for maintaining its own pre final and final inspection records. The Contractor will be legally and financially responsible for not completing all of the contract requirements in accordance with the contract terms.

14. BENEFICIAL USE OR OCCUPANCY

The Contractor shall complete all inspections and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246.21. Extended warranties offered by the contractor and its subcontractors or suppliers may be accepted at the Government’s discretion.

15. REPEAT INSPECTIONS

In the event the Contracting Officer finds that the project is not ready for the applicable inspections, (too many discrepancies) the contractor may be held liable for the cost of a repeat inspection. If the inspection involves the Contracting Officer, Contract Specialist, COR, Safety Officer or other key members, these cost may include additional labor, travel and miscellaneous expense.

SECTION I

Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2018) 52.204-13 – System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(AUG 2019)

52.209-6 -- Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015) 55.213-4 – Terms and Conditions –Simplified Acquisitions (Other Than Commercial Items) (OCT 2019) 52.215-8 -- Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 -- Notice of Total Small Business Set-Aside. (Nov 2011) 52.219-28 – Post-Award Small Business Program Representation. (Jul 2013) 52.222-3 -- Convict Labor. (Jun 2003) 52.222-6 – Construction Wage Rate Requirements (AUG 2018) 52.222-7 -- Withholding of Funds. (MAY 2014) 52.222-8 -- Payrolls and Basic Records. (AUG 2018) 52.222-9-- Apprentices and Trainees. (JUL 2005) 52.222-10 -- Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 -- Subcontracts (Labor Standards). (May 2014) 52.222-12 -- Contract Termination - Debarment. (May 2014) 52.222-13 --Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014) 52.222-14 -- Disputes Concerning Labor Standards. (FEB 1998) 52.222-15 -- Certification of Eligibility. (May 2014) 52.222-21 -- Prohibition of Segregated Facilities. (Apr 2015) 52.222-26 -- Equal Opportunity. (Sep 2016) 52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-35 -- Equal Opportunity for Veterans. (OCT 2015) 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50-- Combating Trafficking in Persons. (JAN 2019) 52.222-55 – Minimum Wages Under Executive Order 13658. (Dec 2015)

52.222.62 – Paid Sick Leave Under Executive Order 13706. (Jan 2017) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Sep 2013) 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011) 52.223-6 -- Drug-Free Workplace. (May 2001) 52.223-15 – Energy Efficiency in Energy-Consuming Products. (Dec 2007) 52.223-17 -- Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-1 -- Authorization and Consent. (Dec 2007) 52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007) 52.227-4 -- Patent Indemnity -- Construction Contracts. (Dec 2007) 52.228-2 – Additional Bond Security (Oct 1997) 52.228-5 -- Insurance - Work on a Government Installation. (Jan 1997) 52.228-11-- Pledges of Assets. (AUG 2018) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-16 -- Progress Payments. (Apr 2012) Alternate I

52.232-23 -- Assignment of Claims. (May 2014) 52.232-27 -- Prompt Payment For Construction Contracts. (Jan 2017) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (OCT 2018) 52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 – Disputes (May 2014) 52.233-3 – Protest after Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim. (Oct 2004) 52.236-7 -- Permits and Responsibilities. (Nov 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 -- Availability and Use of Utility Services. (Apr 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 -- Preconstruction Conference. (Feb 1995) 52.243-5 -- Changes and Changed Conditions. (Apr 1984) 52.244-6 -- Subcontracts for Commercial Items. (AUG 2019) 52.248-3 -- Value Engineering – Construction. (Oct 2015) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984) 52.249-10 -- Default (Fixed-Price Construction). (Apr 1984) 52.253-1 -- Computer Generated Forms. (Jan 1991)

CLAUSES IN FULL TEXT

52.225-9 --Buy American–Construction Materials (May 2014)

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

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

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

(End of Clause)

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.243-7 Notification of Changes (Jan 2017)

(a) Definitions. “Contracting Officer,” as used in this clause, does not include any representative of the Contracting Officer.

“Specifically Authorized Representative (SAR),” as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 5 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state --

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including --

(i) What line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor’s estimate of the time by which the Government must respond to the Contractor’s notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 5 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either --

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor’s notice information is inadequate to make a decision under subparagraphs (d)(1), (2), or

(3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made --

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor’s failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

NOTE: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

(End of Clause)

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):

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

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.

(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.

1452.203-70 Restrictions on Endorsements. (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

1452.204-70 Release of Claims. (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.

1452.215-70 Examination of Records by the Department of the Interior. (APR 1984)

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

1452.228-70 -- Liability Insurance. (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract, and any extension thereof, liability insurance furnished by an insurance company that is acceptable by 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:

1. Each Person: $1,000,000

2. Each Occurrence: $1,000,000

3. Property Damage: $1,000,000

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance certificate shall contain 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.

SECTION J

List of Documents, Exhibits, and Other Attachments

Attachment Number Attachment Title Date Number of Pages

1 Statement of Work 7/17/2020 4

2 Ditch Redesigns 7/17/2020 4

3 Wage Determination 7/17/2020 26

4 Pricing Schedule 7/17/2020 1

SECTION K

Representation, Certifications, and Other Statements of Bidders

52.204-8 -- Annual Representations and Certifications. (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110 – Water and Sewer Line and Related Structures Construction

(2) The small business size standard is $39.5M

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796

(vi)…