Sol_140R4021R0010.pdf

Spillway Drainage Gallery Lights and Ventilation - Navajo Dam

SOLICITATION #: 140R4021R0010

U.S. Department of the Interior

UPPER COLORADO BASIN

Western Colorado Area Office - Durango, CO

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)

0040521530

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Daniel Hays (970) 240-6316

1x 03/19/2021

140R4021R0010

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

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

04/23/2021

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 Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Daniel B. Hays

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 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4021R0010

Legacy Doc #: BOR

Delivery: 12/15/2021

Delivery Location Code: 0009910029

Bureau of Reclamation-UC

Navajo Dam

1281 Hwy 511

Navajo Dam NM 87419 US

00010 Spillway Drainage Gallery Lighting and Fan - All

Section B.1 Price Schedule CLIN's in accordance with Section C - Statement of Work

Product/Service Code: Z1KA

Product/Service Description: MAINTENANCE OF DAMS

Period of Performance: 06/14/2021 to 12/15/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

Spillway Drainage Gallery Lights Bureau of Reclamation and Ventilation Navajo Dam Upper Colorado Basin Solicitation #: 140R4021R0010

This Solicitation is a Total Small Business Set-Aside using the FAR simplified acquisition procedures for all small business registered in SAM.gov under 238210, Electrical & Other Wiring Installation Contractors. The small business size standard is $16.5 Million.

Solicitation Closing Date: Friday April 23, 2021 Solicitation Closing Time: 14:00 (2:00 PM) Mountain Daylight Time

ONLY ELECTRONIC PROPOSALS will be accepted for this requirement. Proposals must be electronically delivered to:

Mr. Dan Hays - E-mail: dhays@usbr.gov

E-mailed proposals must be in the following format: Two (2) PDF documents, one for vendors technical proposal and another PDF with the price schedule (Section B).

• E-mailed proposals must be received by the Contracting Officer via e-mail no later than 14:00 hours (2:00 PM) MDT April 23, 2021 to be considered for award.

• E-mail subject line should contain the following naming scheme:

Proposal – 140R4021R0010 – Spillway Drainage Gallery Lights and Ventilation - Navajo Dam

Inquiries regarding this Solicitation should be made to:

Mr. Dan Hays, Contract Specialist E-mail: dhays@usbr.gov Phone: 801-524-3757

A VIRTUAL PRE-PROPOSAL SITE VISIT WILL BE HELD. PLEASE SEE SECTION L 52.236.27 SITE

VISIT FOR FURTHER DETAILS. VENDORS MUST REGISTER IN ADVANCE TO ATTEND.

DEADLINE FOR QUESTIONS: Questions must be submitted to the Contract Specialist at least 72 business hours prior to the closing. Any questions submitted after the deadline may not be answered.

. Please read Section M - Evaluation Factors for Award thoroughly for evaluation of proposal and award information.

NOTE: All proposals MUST be submitted in two parts, the technical package (Construction schedule, previous experience and References) and the pricing schedule must be submitted separately.

mailto:dhays@usbr.gov

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES ---------------------------------------- 7

SECTION C – STATEMENT OF WORK ------------------------------------------------------------ 8

SECTION D – PACKING AND MARKETING ---------------------------------------------------- 13

SECTION E – INSPECTION AND ACCEPTANCE ---------------------------------------------- 14

SECTION F – DELIVERIES OR PERFORMANCE ---------------------------------------------- 15

52.211-10 -------------------------------------------------------------------------------------------------- 15

SECTION G – CONTRACT ADMINISTRATION DATA --------------------------------------- 16

DOI-AAAP 0028 ----------------------------------------------------------------------------------------- 16

1452.201-70 ----------------------------------------------------------------------------------------------- 16

WBR 1452.201-80 --------------------------------------------------------------------------------------- 17

WBR 1452.242-80 --------------------------------------------------------------------------------------- 19

SECTION H – SPECIAL CONTRACT REQUIREMENTS ------------------------------------- 20

SECTION I – CONTRACT CLAUSES --------------------------------------------------------------- 21

52.252-2 --------------------------------------------------------------------------------------------------- 21

52.225-9 --------------------------------------------------------------------------------------------------- 23

52.252-6 --------------------------------------------------------------------------------------------------- 27

1452.204-70 ----------------------------------------------------------------------------------------------- 27

1452.228-70 ----------------------------------------------------------------------------------------------- 27

WBR 1452.223-81 --------------------------------------------------------------------------------------- 28

WBR 1452.223-82 --------------------------------------------------------------------------------------- 29

WBR 1452.228-84 --------------------------------------------------------------------------------------- 29

WBR 1452.231-81 --------------------------------------------------------------------------------------- 30

WBR 1452.236-8 ----------------------------------------------------------------------------------------- 32

WBR 1452.236-84 --------------------------------------------------------------------------------------- 32

WBR 1452.243-80 Alt 4 -------------------------------------------------------------------------------- 34

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ---- 36

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS ------------------------------------------------------------------------------------------- 37

52.252-2 --------------------------------------------------------------------------------------------------- 37

52.204-8 --------------------------------------------------------------------------------------------------- 37

52.219-1 --------------------------------------------------------------------------------------------------- 41

52.222-22 -------------------------------------------------------------------------------------------------- 45

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS ------- 47

52.216-1 --------------------------------------------------------------------------------------------------- 47

52.222-23 -------------------------------------------------------------------------------------------------- 47

52.225-12 ALT 2 ----------------------------------------------------------------------------------------- 48

52.232-13 -------------------------------------------------------------------------------------------------- 50

52.236-27 -------------------------------------------------------------------------------------------------- 50

52.252-1 --------------------------------------------------------------------------------------------------- 50

52.252-5 --------------------------------------------------------------------------------------------------- 51

1452.233-2 ------------------------------------------------------------------------------------------------ 51

SECTION M - EVALUATION FACTORS FOR AWARD -------------------------------------- 52

WBR 1452.215-84 --------------------------------------------------------------------------------------- 52

WBR 1452.225-82 --------------------------------------------------------------------------------------- 54

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

Spillway Drainage Gallery Lights and Ventilation –

Navajo Dam Maintenance Facility

B.1 PRICE SCHEDULE

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

(1) Offerors shall complete Price Schedule.

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

(c) CLIN – Contract Line Item Number

CLIN Supplies Unit of

Measure Price Total Amount

0010 Demo/Replace Conduit, Wire, and Accessories

Linear Feet

0020 Demo/Replace Electrical Outlet receptacles and boxes

1 Lump Sum

0030 Demo/Replace LED Light Units 1 Lump Sum

0040 Demo/Replace Ventilation Fan 1 Lump Sum

TOTAL FOR PRICE SCHEDULE: $ ________________

END OF PRICE SCHEDULE

Solicitation No. 140R4021R0010

SECTION C – STATEMENT OF WORK

1. Background The Navajo Unit of the Colorado River Storage Project (CRSP) in northwestern New Mexico and southwestern Colorado together with the other three units of CRSP helps manage the resources of the Upper Colorado River Basin. The Navajo Unit consists of Navajo Dam and Reservoir. The dam is located about thirty-four miles east of Farmington, New Mexico in San Juan County.

The United States Bureau of Reclamation (USBR) manages operations and maintenance of the dam through its Durango, Colorado location of the Western Colorado Area Office. The maintenance facility is located near the toe of the dam.

Currently there is insufficient and inefficient lighting in the drainage gallery, consisting of incandescent and fluorescent lighting. There are several electrical panels, electrical outlet receptacles, and conduit that are subjected to seepage flows from cracks in the concrete tunnel lining and exhibiting severe corrosion. All areas of concern will be replaced with watertight fixtures and appropriate conduit and panels.

New watertight electrical conduit, Light-Emitting Diode (LED) light fixtures with bulbs, weatherproof receptacles, and ventilation fan is required in the spillway gallery. The spillway gallery environment is underground concrete tunnel, damp, and typical low light conditions.

There are 430 steps in the spillway gallery and the steps in the gallery have a tread length that varies to fit the slope. The tunnel length is approximately 985 feet. There are 12 electrical receptacles that need replaced, and 66 light fixtures (luminaires) that need replaced with new LED lights.

2. Objective The vendor shall furnish, deliver, and install NEW heavy-duty watertight conduit, LED light units with bulbs, weatherproof receptacles, and ventilation fan that meets or exceeds specifications provided herein. Remove damaged conduit and wire, then replace with new conduit and wire.

All lighting will be replaced with energy efficient LED bulbs, increasing the total lumens and reducing energy use. All areas of concern will be replaced with watertight fixtures and appropriate conduit and panels.

3. Specifications

3.1. Conduit, Wire, and Accessories

3.1.1. The existing conduit is ¾” Schedule 80 “Rigid PVC”. Of the 985 feet of tunnel approximately 500 feet will need new conduit, wire, and accessories. The remaining 485 feet of tunnel has conduit, wire, and accessories in working condition.

3.1.2. The new Conduit and fittings shall be placed or equipped to prevent moisture from entering or accumulating within the box, conduit body, or fitting. Boxes, conduit body, and fittings installed in wet or damp locations shall be listed for use in wet locations.

3.1.3. Fittings required to complete electrical conduit systems. Includes, caps, connectors, couplings (excluding expansion and expansion-deflection couplings), nipples, reducers, elbows, pipe plugs, locknuts, bondnuts, bushings, seals (excluding wall penetration seals), and any other fittings.

3.1.4. The new conduit and associated couplings, connectors, and fittings shall be installed according to manufactures recommendations for use in wet and corrosive environment.

3.1.4.1. New conduit and accessories will have the following characteristics:

3.1.4.2. Liquid tight.

3.1.4.3. Nonmetallic.

3.1.4.4. Intended use for wet and corrosive environments and in locations where walls are frequently washed.

3.1.5. Wire

3.1.5.1. Of the 985 feet of tunnel approximately 500 feet will need new wire.

3.1.5.2. Replace wire in like kind.

3.1.5.3. Minimum Gauge: No. 12 AWG.

3.1.5.3.1. Much of the wire is No. 8 AWG and can be salvaged.

3.1.5.4. Wire Type: Copper.

3.1.6. Installation

3.1.6.1. Conform with National Fire Protection Association (NFPA) 70, National

Electrical Safety Code (NESC), and Institute of Electrical and Electronics Engineers (IEEE) C2.

3.1.6.2. Install conduit with necessary fittings and supports. Mechanically fasten to concrete surface, no adhesive can be used to secure the conduit to the concrete surface.

3.1.6.3. Install the new conduit so that it is secure and supported to the concrete surface. PVC conduit shall be fastened so that movement from thermal expansion or contraction is permitted.

3.1.6.4. See Drawing 104-D-283 Supporting Conduit on Concrete Surface.

3.1.6.5. Fittings and Bends see Drawing 104-D-286. Bends shall be so made that the conduit will not be damaged and the internal diameter of the conduit will not be effectively reduced. There shall not be more than the equivalent of four quarter bends between pull points, for example, between conduit bodies and boxes.

3.2. Electrical Outlet Receptacles

3.2.1. There are 12 existing receptacles that are damaged from moisture in the gallery.

These 12-need replaced with new outlets and weatherproof boxes.

3.2.2. The new weatherproof receptacles shall be watertight to prevent any outside moisture. The enclosed receptacle shall be weatherproof whether or not the attachment plug cap is inserted.

3.2.3. 10 extra outlet receptacles and boxes will be provided for emergency replacement, but not installed.

3.2.4. The new receptacles shall have the following characteristics:

3.2.4.1. GFCI Receptacles will be heavy duty with ground fault circuit interrupter.

3.2.4.2. Voltage: 120 volts.

3.2.4.3. Push button: Test and Reset.

3.2.4.4. Weather resistant.

3.2.4.5. Listed for use in wet locations.

3.3. LED Luminaires

3.3.1. Luminaires installed in wet locations shall be installed such that water cannot enter or accumulate in wiring compartments, lampholder, or other electrical parts.

All luminaires installed in wet locations shall be marked, “Suitable for Wet Locations”.

3.3.2. Energy efficient bulbs shall be used with a minimum lifetime of 80,000 hours at L70.

3.3.2.1. Minimum lumens of 1600lm.

3.3.3. 10 extra light units will be added for emergency replacement, but not installed.

3.4. Ventilation Blower

3.4.1. The existing ventilation fan motor is located in the drainage gallery access house.

The fan unit is in the gallery access house on the spillway wall, and supplies air to a 10-inch-diamter galvanized pipe system terminating approximately 10-feet up the drainage gallery on the spillway centerline near the bottom of the gallery.

3.4.2. The new ventilation fan and controller shall have the following characteristics:

3.4.2.1. Compatible with the existing ductwork and power supply. Contractor shall verify compatibility of proposed equipment before ordering new equipment to ensure proper fit with existing ductwork, installation area, and electrical equipment.

3.4.2.2. On/Off switch wired for high-flow.

3.4.2.3. Max. Flow Cubic Feet per Minute (CFM) of 3550.

3.4.2.4. Minimum Horsepower of 20.

3.4.2.5. Measuring from three feet the noise level will not be more than 110 dba.

3.4.2.6. Coated with a chemical resistant to all internal parts, inside and outside of the blower.

3.4.2.7. Heavy-duty cast aluminum housing and impellers.

4. Contractor Field Quality Testing

4.1. Perform testing after installation.

4.2. Notify Contracting Officer Representative (COR), in writing five-days in advance, of date and time of testing. Tests shall be witnessed by COR or BOR Electrician.

4.3. Perform following tests:

4.3.1. Continuity test: Test continuity of each conductor prior to performing insulation resistance test.

4.3.2. Insulation resistance tests for power.

4.3.2.1. Test voltage.

4.4. Record test data for each conductor tested.

4.5. Submit test data to the COR.

4.6. If any test fails continuity or resistance, remove and replace cable and conductor at contractors’ expense.

5. Delivery Location All goods shall be delivered, FOB Destination, to the Navajo Dam maintenance facility located at the toe of Navajo Dam, with a physical address:

Navajo Dam Maintenance Facility 1281 Highway 511, Navajo Dam, New Mexico 87419.

6. Deliverables

Item Responsible Party Timeline Attachments A&B (Technical Proposals and Price Schedule)

Potential Vendors By closing date/time posted for this solicitation

Proof of Insurance – per FAR 1452.228-70

Awardee Within 10-days of award

Notice to Proceed Government Within 10-days for receipt of insurance

Monthly Progress Payments Government Within 10-days of receipt of a valid invoice

All tasks per Statement of Work completed

Awardee Within 180 days from Notice to Proceed

7. Warranty & Service All work shall be warranted for at least one-year from date of installation and shall be serviceable within the local area of the delivery location (within 200-mile radius). Standard service within the warranty period and service required under the warranty shall be included.

8. Proposal The proposal shall include all manufactures information for all required components showing that the components meets or exceeds project specifications. Warranty and service information shall be clearly defined. Service requirements during the warranty period shall be clearly defined the vendors proposal.

Bids will be evaluated based on price, salient characteristics of the proposed ventilation fan, applicability of the proposed ventilation fan to the intended purpose, past performance, and references.

9. Work Schedule The on-site work schedule must coincide with the work schedule of the maintenance facility, as follows: Monday – Thursday, 0630 to 1530 and Friday, 0700 to 1430 (excluding Federal holidays). Any proposed change to this schedule shall be submitted in writing for approval.

10. Other Considerations Access to the site will require coordination with Reclamation personnel at the maintenance facility.

Materials may be delivered and staged on-site as directed by the on-site Reclamation personnel.

At least 24 hours’ notice is required for scheduling deliveries or other access to the site. All deliveries must be within the normal hours of facility operations.

USBR Contacts:

• Scott Branham; Navajo Dam Supervisor (505) 632-3115 or (505) 238-3822

• Jerry Tensfield; Navajo Dam Maintenance (505) 860 - 0792

• Art Bradley; Civil Engineer Technician (970) 385-6516 or (505) 592-3713

• Tyler Artichoker; Chief Southern Facilities Maintenance Group (970) 385-6557

• Matt DeAmico; Civil Engineer (970) 385-6569

The contractor must provide a portable toilet for its on-site personnel through the duration of the work. Government restroom facilities will not be provided.

Refuse material from construction of this project is considered property of the Contractor and shall be removed from the site and properly disposed of.

Attending the virtual Site-Visit is highly encouraged prior to bidding. See solicitation Section L

– 52.236-7 Site Visit for details regarding the date and time of the vendor site visit.

SECTION D – PACKING AND MARKETING

THIS SECTION IS INTENTIALLY LEFT BLANK

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

APR 1984

The Contractor shall be required to:

(52) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) Prosecute the work diligently, and (c) Complete the entire work ready for use not later than December 15, 2021 or 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 clause)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DOI-AAAP

ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP)

APR 2013

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

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

The Contractor shall also email an electronic copy of their regular vendor invoice and an electronic copy of their IPP invoice to the designated Contracting Officer Dan Hays at dhays@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in 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.

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.

G.2 1452.201-70 AUTHORITIES AND LIMITATIONS 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.

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

(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.3 WBR

1452.201-80

CONTRACTING OFFICER’S

REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS – BUREAU OF

RECLAMATION

MAY 2018

(a) All work shall be performed under the authority exercised by the Contracting Officer who has been appointed in accordance with the requirements of the Department of the Interior Acquisition Regulation (DIAR) 1401.603 (48 CFR 1401.603).

(b) The Contracting Officer may designate other Government employees to act as authorized representatives in administering this contract in accordance with the requirements of DIAR

1401.670 (48 CFR 1401.670). Any designation shall be made to the authorized representative by an appointment memorandum signed by the Contracting Officer which contains the scope and limitations of authority delegated for purposes of administering this contract. A copy of the memorandum, and any revisions to it, shall be provided to the Contractor which shall acknowledge receipt.

(c) The Contractor shall, without unnecessary delay, comply with any written or oral direction of the contracting officer or authorized representative(s) acting within the scope and authority of their appointment memorandum. Such orders or direction include, but are not limited to, instructions, interpretations, approvals, or rejections associated with work under this contract including requirements for submission of technical data, shop drawings, samples, literature, plans, or other data required to be approved by the Government under this contract.

(d)(1) If the Contractor receives direction for work under this contract (including any written or oral orders it regards as a change order under the Changes clause of this contract) and it considers such direction to have been issued without proper authority (including instances where it believes delegated authority has been exceeded), it shall not proceed with the direction and shall notify the Contracting Officer within five (5) working days of receipt of the direction. On the basis of the most accurate information available to the Contractor, the notice shall state--

(i) The date, nature, and circumstances of the direction received;

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

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

(iv) The contract line items or other contract requirements that may be affected by the alleged direction including any suspected delays or disruption of performance; and

(v) Any other information considered pertinent.

(2) Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform under this paragraph prior to receipt of the Contracting Officer's determination issued under paragraph (e) of this clause.

(e) The Contracting Officer shall promptly, after receipt of any notice made under paragraph (d) of this clause, respond to the notice in writing. The response shall --

(1) Confirm that the direction contained in the Contractor's notice was unauthorized and either authorize it by appropriate contract modification or countermand it;

(2) Deny that the direction contained in the Contractor's notice was outside the scope and limitations of the authority of the authorized representative who gave the direction and direct the Contractor to proceed immediately with the direction received or, when necessary, direct the mode of further performance; or

(3) In the event the information contained in the Contractor's notice is inadequate to make a decision under subparagraphs (e)(1) or (2) 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.

(f) 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.

G.4 WBR

1452.242-80

POST AWARD CONFERENCE BUREAU OF

RECLAMATION

JULY 1993

(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 in Bureau of Reclamation Durango Area office located at

185 Suttle Street, Suite 2, 2st Floor Conference Room, Durango, CO 81303.

(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.

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

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

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

CLAUSE TITLE DATE

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

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

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 1988 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

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 https://www.acquisition.gov/far/

52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010

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

52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Alt

Progress Payments – Alternate (March 2000) APR 2012

52.232-17 Interest 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 Payments to Small Business Subcontractors DEC 2013

52.233-1 A1 Disputes - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt

Specifications and Drawings for Construction Alternate I (April 1984)

FEB 1997

52.236-26 Preconstruction Conference FEB 1995 52.243-4 Changes JUN 2007

52.243-6 Change Order Accounting APR 1984 52.246-21 Warranty of Construction MAR 1994 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

I.2 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:

______ [Contracting Officer to list applicable excepted materials or indicate “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).]

I.3 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.4 1452.204-70 RELEASE OF CLAIMS--DEPARTMENT OF

THE INTERIOR

JUL 1996

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

I.5 1452.228-70 LIABILITY INSURANCE -- DEPARTMENT OF

THE INTERIOR

JUL 1996

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

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

$100,000 minimum coverage

GENERAL LIABILITY

$500,000 per occurrence

AUTOMOBILE LIABILITY

$200,000 each person $500,000 each occurrence

$ 20,000 property damage

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

I.6 WBR

1452.223-81

SAFETY AND HEALTH -- BUREAU OF

JUN 2015

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

(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.

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

(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.