Sol_140R2022R0021.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Email To: dfobbs@usbr.gov

Bureau of Reclamation 2800 Cottage Way, Room E-1815 Sacramento, CA 95825-1898

Denard Fobbs 916-978-5540

1x 07/08/2022

140R2022R0021

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

A. Title: Lake Berryessa Asbestos Removal and Flooring

B. Work site location: Lake Berryessa Field Office, Multipurpose Building 5520

Knoxville Road Napa, CA 94558

C. Site Visit Information: SEE FAR 52.236-27 SITE VISIT (Construction) Alt 1 (Pg.63)

D. Estimated Price Range: The estimated cost of this project is between $25,000 and

$100,000.

E. Set Aside Information: Total Small Business Set Aside: NAICS 238990 and applicable size standard of $16.5 million.

F. Email Proposals to dfobbs@usbr.gov

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 180 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211.10

07/29/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Denard Fobbs

28. NEGOTIATED AGREEMENT 29. AWARD

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

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 67

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R2022R0021

Legacy Doc #: BOR

Period of Performance: 09/01/2022 to 04/01/2023

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

Sponsored by GSA

FAR (48 CFR) 53.110

140R2022R0021 – Lake Berryessa Asbestos Removal and Flooring

SECTION B - CONTINUATION OF SUPPLIES OR SERVICES AND PRICES

Lake Berryessa Asbestos Removal and Flooring

Price Schedule

CLIN Section Description Quantity and Unit Amount

0010 WBR

1452.232-81 Mobilization and Preparatory Work For the lump sum of

0020 C Asbestos Removal For the lump sum of

0030 C Flooring Installation For the lump sum of

Total Price

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

(b) The quantities in the schedule are estimated quantities for comparison of offers only, and except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns.

(c) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 0010.

END OF SECTION B

SECTION C – DESCRIPTION / SPECIFICATIONS

Statement of Work

Lake Berryessa Multipurpose Building Asbestos Removal and Flooring Project

ACRONYMS/DEFINITIONS

CO: Contracting Officer COR: Contracting Officer’s Representative JHA: Job Hazard Analysis NTP: Notice to Proceed OSHA: Occupational Health and Safety Administration PM: Project Manager Reclamation: United States Bureau of Reclamation RSHS: Reclamation Safety and Health Standards

1.0 Introduction

The Bureau of Reclamation (Reclamation) proposes to replace the deteriorated vinyl floor tile of the Lake Berryessa Field Office’s Multipurpose Building. Doing so will involve the removal of the supporting mastic which has tested positive for asbestos.

2.0 Background

The Lake Berryessa Multipurpose Building houses seven permanent and up to five seasonal maintenance division employees. In addition, a staff of four Napa County Sheriff’s Deputies providing the Lake’s marine patrol work from the building along with colleagues assigned to the Napa County Managing partner agreement.

During interagency trainings, incidents, and busy holiday weekends, the staff utilizing the multipurpose building and its three restrooms quadruples as employees from Napa County’s emergency response contract, the Sheriff’s Office, California Highway Patrol, and California Department of Fish and Wildlife gather for briefings, meals, and breaks. Staff observed deficiencies in these work spaced during the COVID-19 Pandemic Stay at Home Order, and the 2020 LNU Lightning Complex Fire in particular.

Like much of the Field Office, the Multipurpose Building dates to around 1980. Conditions of the restrooms and office flooring have deteriorated resulting in numerous areas of exposed mastic around the structure. In 2022, Field Office employees tested the building’s flooring, received word that the mastic contained asbestos, and identified a need to restore the structure’s flooring.

3.0 Scope

The purpose of this project is to safely remove deteriorated vinyl floor tiles, remediate asbestos-containing mastic, grind and seal the remaining concrete first story floors, and install linoleum.

4.0 Task

The following list is not comprehensive and the contractor shall be responsible for performing all necessary tasks for removal of asbestos containing materials in accordance with applicable regulations.

The contractor shall remove all equipment and surplus materials brought to the site, all wastes generated on site, and shall repair any damage to government property.

4.1 Prepare Building for Abatement

- Removal of furniture and personal effects in the work site is the responsibility of Bureau of

Reclamation and Napa County Sheriff’s Office personnel prior to the period of performance provided one month of notice prior to starting work is provided.

- Notify Bay Area Air Quality Management District and California Division of Occupational Safety and Health prior starting work and pay for notification fees.

- Isolate work area.

- Set up decontamination system for contractors working on the site.

- Detach three toilets and set aside.

4.2 Remove Flooring and Mastic

- Run negative air filtration, monitor air in the work area air quality, and perform work necessary for final air quality testing.

- Remove and dispose of approximately 550 square feet of carpeting and linoleum and 1800 square feet of vinyl tiles in 4 offices, 2 hallways, 3 bathrooms, gym, stairwell.

- Remove approximately 1800 square feet of mastic from concrete.

- Contractor is responsible for transport, manifest, and disposal of project wastes at a properly licensed landfill for asbestos containing materials.

- Arrange sampling and analysis of remaining subfloor to verify it is free from asbestos containing materials. Pass a visual inspection by Reclamation personnel to confirm that asbestos containing materials have been removed prior to installation of new flooring.

4.3 1st Floor Finishing

- Grind remaining concrete, if needed, to an even surface.

- Patch remaining cracks and divots as necessary.

- Stain concrete a neutral color.

- Seal floors with topical sealer. Resulting surface must be stain resistant, slip resistant, and easy to clean.

- Install trim at the junction between finished walls and flooring.

- Remove containment and equipment.

4.4 2nd Floor Finishing

- Repair and sand the floor so that is level.

- Install commercial vinyl flooring

- Install trim at the junction between finished walls and flooring.

- Remove containment and equipment.

5.0 Deliverables

The contractor will complete task by April 1, 2023. The contractor will supply the materials and tools needed to remove all asbestos seal, remove, and finish floors.

6.0 Place of Performance

Lake Berryessa Field Office Multipurpose Building 5520 Knoxville Road Napa, CA 94558

7.0 Period of Performance

On site work will begin no sooner than September 23, 2022. All actions will take place prior to April 1, 2023.

Period of performance begins with Notice to Proceed and continues for 180 days.

Onsite work is anticipated to be completed within 30 days.

The Contractor shall submit a schedule for approval of work activities.

8.0 Recognized Holidays

No work shall occur during Federal holidays:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

9.0 Hours of Operation

The Contractor is responsible for conducting business, between the hours of 7:00 am to 4:00 pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The COR must be notified, in writing, 24 hours prior to increasing the duration of the work shifts or weekend work. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons.

10.0 Site Conditions

10.1 Site Access

A. The multipurpose building resides within a flat, paved, parking area. There are entry doors on the east and west sides of the building.

B. The facility break room is accessible by two sets of interior double doors that connect to larger, exterior overhead doors on the east side of the building.

C. The first-floor hallway, facility operations specialist office, water treatment operator office, two restrooms, and gym are accessible by a western exterior door and two interior doors.

D. The second floor Sherriff’s Office and restroom is accessed through the first-floor hallway by a set of stairs. There are windows to the exterior along the western wall of the office and overlooking the building’s foul weather bay along the northern wall.

10.2

A. Contractor Security Requirements: The Contractor shall coordinate access for personnel, materials, and equipment with the COR prior to mobilization on site. The COR will escort Contractor personnel as necessary and will be at the work site any time the Contractor is on site. The Contractor shall provide to the COR the names and position of each individual and dates and times each individual is expected on site at least five business days prior to any work conducted onsite.

B. Site Security: Less any preliminary inspections, the Government anticipates approximately 12 weeks on site to complete the construction work. The Contractor storage and use areas will be made available directly next to the building and in parking lots less than 100 feet from each building. Any material stored onsite shall be done at the risk of the Contractor.

C. The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be properly secured against vandalism.

11.0 Government Furnished Utilities

The Contractor may use water from nearby spigots and 220V power from nearby outlets for tools. The Contractor should anticipate limited availability.

The Government will provide and maintain, for use by the Contractor, one portable toilet and hand-wash station immediately adjacent to the worksites.

12.0 Submittals

12.1 Submittal Review Time

Submittal review by the government will require 21 days for each submittal or resubmittal each, unless otherwise specified. Time required for review of submittal or resubmittal begins when the complete submittal is received at the responsible office and extends through return mailing postmark date.

Only complete submittals will be reviewed.

The Contractor shall provide a transmittal letter and the specified number of copies in the following table to all addresses listed below for each submittal and resubmittal, as required.

The transmittal letter shall include the following:

A. Contract number.

B. Title of Submittal.

C. Revision Number.

D. Description of revisions.

E. Response to each government comment.

12.2 Submittal Revisions

Submittals will be designated as: approved, conditionally approved, or not approved.

Conditionally approved submittals will inform the Contractor of conditions needed to gain an approval, but no additional submittal to the government is required. The COR will verify the conditions have been met onsite.

Resubmittal of unapproved submittals shall include marked changes such that they are readily identifiable and show revision dates. The transmittals for resubmittals shall describe reasons for the significant changes. Resubmittals shall be within 14 days after receiving the notification of unapproved, unless otherwise directed by the CO.

12.3 Submittal Receipts

Include the following information in transmittal letters: Contract number and title, RSN numbers for each attached submittal, number of sets included, and identify submittal as initial or resubmittal.

A. Addresses for codes listed in the following table:

1. Contracting Officer’s Representative (COR), address to be provided after Notice to Proceed.

2. Project Manager (PM), Bureau of Reclamation, Attn: CC-440, 5520 Knoxville Road, Napa, CA 94558.

Table 12.3A – Submittal Requirements No. of Copies

RSN SOW

Section

Title of Submittal Required

Due date or delivery time

Responsible Code COR

1 7.0 Project Schedule Within 14 days after Notice to Proceed

COR 1

2 7.0 Safety Program Submitted and approved before start of on-site work

COR 1

3 7.0 Sample Kit Within 21 days after Notice to Proceed

COR 1

4 7.0 Warranties At least 21 days prior to installation

COR 1

12.4 Submittal Details

Submit the following in accordance with Table 12.3A – Submittal Requirements.

A. RSN 1 – Project Schedule: Submit in accordance with Section 7.0.

B. RSN 2 – Safety Program: Submit in accordance with Section 7.0 and the following:

1. Follow the outline in Appendix B of the RSHS.

2. A generic Company Safety Plan is not acceptable. The Safety Program must be site specific for this contract.

3. Provide JHA.

C. RSN 3 – Sample Kit: Submit in accordance with Section 7.0.

1. Concrete Stain

2. Concrete Seal Finish

3. Commercial Vinyl Flooring

4. Baseboard Trim

D. RSN 4 – Warranties: Submit in accordance with Section 7.0 and the following:

1. All installed flooring materials & Asbestos

13.0 References

A. American Society for Testing and Materials (ASTM) B. Bureau of Reclamation (USBR)

Reclamation Safety and Health Standards (RSHS), available online at:

http://www.usbr.gov/ssle/safety/RSHS/rshs.html

C. Code of Federal Regulations (CFR) Available online, authorized by the National Archives and Records Administration (NARA) and the Government Printing Office (GPO), at www.gpoaccess.gov/cfr/index.html

D. Occupational Health and Safety Administration (OSHA)

14.0 Appendices

A. Asbestos Report

B. Photographs

C. Building Plans

END OF SECTION C

http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.gpoaccess.gov/cfr/index.html

SECTION D - PACKAGING AND MARKING

There are no clauses in this section.

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

Clause Title Date

52.246-12 Inspection of Construction AUG 1996

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

Clause Title Date 52.242-14 Suspension of Work APR 1984

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984

COMPLETION OF WORK

The Contractor shall be required to:

(a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 180 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the Interior Region 10 – California Great Basin, 2800 Cottage Way, Sacramento, California 95825-1898.

G.2 WBR 1452.242-80 POSTAWARD CONFERENCE—BUREAU JUL 1993

OF RECLAMATION

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

(b) The conference will be held via teleconference.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its offer.

G.3 DIAR 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.

The COR will be named at time of award.

(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.

G.4 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (IPP) APR 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions

– Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.

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

No attachments are required to be uploaded to IPP.gov.

Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so, may cause a delay in approval and/or rejection of submitted invoices.

Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit requests for payments (invoices) by following the instructions as described below:

1. To ensure timely processing of invoices under the contract/agreement, the contractor must submit all invoices to the following e-mail address: sha-mpr-acqconbrinv@usbr.gov

2. A proper invoice shall be submitted by email concurrent with submission to IPP and shall include the information as required by the payment terms and conditions contained in this contract.

3. The subject line of the email shall be formatted to read as follows:

https://www.ipp.gov/ mailto:sha-mpr-acqconbrinv@usbr.gov

Contract Number, Invoice Number, Contracting Officer’s last name Example: 140R2018R00000_Invoice No. 1_Smith

4. The Invoice shall be attached to the email and named using the following format:

Contract Number, Contractor Name, Invoice Number, Invoice Amount Example: 140R2018R00000_World Test, Inc.-Inv. No. 1-$5,678.00

5. Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc.

6. The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.

Emailed Support documents must include, but are not limited to, the following documents:

a. Construction Invoice (See Section J Attachments)

b. Monthly Certificate of Labor Conformance (See Section J Attachments)

c. Subcontractor / Supplier Payment Summary (See Section J Attachments)

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 SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

There are no clauses in this section

END OF SECTION H

SECTION I - CONTRACT CLAUSES

FAR 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/

Clause Title Date 52.202-1 Definitions JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018

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 2020

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment JUN 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications JUN 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Representation NOV 2020 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 1988 52.222-15 Certification of Eligibility MAY 2014 https://www.acquisition.gov/

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 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-3 Hazardous Material Identification and Material Safety Data - Alternate I FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug Free Workplace MAY 2001

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contract AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copy Infringement JUN 2020 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety - Pledges of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-3 Federal, State and Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 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 Payment to Small Business Subcontractors DEC 2013 52.233-1 Disputes – (MAY 2014) - Alternate I DEC 1991 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim MAY 2014 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 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) NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction (FEB 1997) APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items NOV 2020 52.245-1 Government Property – Alternate I (JAN 2017) APR 2012 52.245-9 Use and Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering – Construction OCT 2015

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) - Alternate 1 APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984

WBR 1452.201-80 CONTRACTING OFFICER’SREPRESENTATIVE’S MAY 2018

AUTHORITIES AND LIMITATIONS

BUREAU OF RECLAMATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DIAR 1452.203-70 RESTRICTIONS ON ENDORSEMENTS JUL 1996

DEPARTMENT OF THE INTERIOR

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.

DIAR 1452.204-70 RELEASE OF CLAIMS JUL 1996

DEPARTMENT OF THE INTERIOR

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.

WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION- JUL 1997

BUREAU OF RECLAMATION

(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).

DIAR 1452.215-70 EXAMINATION OF RECORDS BY APR 1984

DEPARTMENT OF THE INTERIOR

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.

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING MAR 2020

(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 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.

WBR 1452.223-80 ASBESTOS-FREE WARRANTY OCT 1992

BUREAU OF RECLAMATION

(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.

WBR 1452.223-81 SAFETY AND HEALTH JUN 2015

BURAEU OF RECLAMATION

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13).

(1) The RSHS manual as referenced in subparagraph (b) above shall be obtained at

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail.

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND OCT 1998

THE PUBLIC FROM EXPOSURE TO TOBACCO

SMOKE IN THE FEDERAL WORKPLACE

BUREAU OF RECLAMATION

(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.

FAR 52.225-9 BUY AMERICAN— CONSTRUCTION MATERIALS FEB 2021

(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 Federal Acquisition Regulation (FAR) 2.101);

http://www.osha.gov/

(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.

"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include…