Sol_140R4021R0017.pdf
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Elephant Butte Historic District Rehab Lodge Roof Replacement
Solicitation # 140R4021R0017
Proposals MUST be emailed to mmaestas@usbr.gov prior to solicitation closing date and time. Include the solicitation number in the subject line. It is strongly recommended you verify with the Contract Specialist the receipt of your proposal package.
Inquiries regarding this solicitation should be made to the following:
Mary B. Maestas Email: mmaestas@usbr.gov
Email correspondence regarding this solicitation should reference the solicitation number in the subject line and the body of the email.
Please include DUNS number and CAGE code in quote package.
PROPOSALS DUE: No Later than Wednesday, August 25, 2021 5:00 PM
(Mountain Time)
SITE VISIT: Thursday, August 12, 2021 at 10:00 AM SEE ATTACHMENT 2 for location (Mountain Time)
Last day for questions is Monday, August 23, 2021 mailto:mmaestas@usbr.gov
SOLICITATION # 140R4021R0017
EBHD REHAB- LODGE ROOF REPLACEMENT
Table of Contents
SECTION A - SF 1442 1 - 3
SCHEDULE B – SUPPLIES AND SERVICES AND PRICES 4
SECTION C – STATEMENT OF WORK 5 – 12
SECTION D – PACKAGING AND MARKING 13
SECTION E - INSPECTION AND ACCEPTANCE 14 – 15
SECTION F - DELIVERIES AND PERFORMANCE 16
SECTION G – CONTRACT ADMINISTRATION DATA 17 – 19
SECTION H – SPECIAL REQUIREMENTS 20
SECTION I – CONTRACT CLAUSES 21 – 38
SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 39
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 40 - 43
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 44 - 49
SECTION M - EVALUATION FACTORS FOR AWARD AND BASIS OF AWARD 50
ATTACHMENT 1 - WAGE DETERMINATION: NM20210012 01/15/2021
ATTACHMENT 2 – Site Map
ATTACHMENT 3 – Payment Bond
ATTACHMENT 4 – The Release of Claims form (DI-137)(Required per DIAR Clause 1452.204-70 at completion of work)
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)
0040544020
Bureau of Reclamation
Upper Colorado Region
See Administered By Office 87102
R43
Mary B. Maestas
Contracting Officer mmaestas@usbr.gov
Mary Maestas 505-462-3581
1x 08/10/2021
140R4021R0017
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Statement of Work (Section C)
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 60 calendar days and complete it within ________________ ________________ calendar days after receiving
08/25/2021
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
Albuquerque Area Office 555 Broadway Blvd NE, Suite 100
R4Q
Albuquerque NM 87102
Mary B. Maestas
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 63
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140R4021R0017
Elephant Butte Historic District Rehab Lodge Roof
Legacy Doc #: BOR
Delivery: 60 Days After Notice to Proceed
Delivery Location Code: 0009910024
Bureau of Reclamation-UC
Elephant Butte Dam
4 miles NE of T or C, NM on State Road 51
Elephante Butte NM 87935 US
00010 EBHD Rehab Lodge Roof
Product/Service Code: 5650
Product/Service Description: ROOFING AND SIDING
MATERIALS
Period of Performance: 09/15/2021 to 12/15/2021
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140R4021R0017 EB Historic District Rehab – Lodge Roof
B. Price Schedule
Line Item No. Supplies or Services
Quantity and Unit Price Amount
1 Mobilization and Preparatory Work For the lump sum of $
Removal, Disposal, and Recycling Asphalt Shingles, Underlayment, Trim, Accessories, etc.
Furnish and Install New Shingle Roof to include all required material per Statement of Work. Install new insulation and all required material per Statement of Work
** Please provide detailed list of material and labor with associated cost as a separate attachment*** 6,500 Sq. Ft. $ $
Taxes and Fees:
Please list description
Total $
TOTAL CONTRACT PRICE: $
***FOR ITEMS 1 THROUGH 2, PLEASE PROVIDE A DETAILED LISTING FOR EACH TO INCLUDE LABOR
CATEGORIES, LABOR RATES, MATERIAL AND EQUIPMENT LISTING AND ASSOCIATED RATES***
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 Schedule.
b) Offers are subject to the terms and conditions of this solicitation.
c) Quantities in the Price Schedule are estimated quantities only.
d) 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. The contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.
e) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for Line Item 1.
Elephant Butte Lodge Roof Replacement
C. Statement of Work
1.0 - Abbreviations, Definitions, and Acronyms The Bureau of Reclamation commonly uses the following definitions listed below:
AAO Albuquerque Area Office (USBR) ASTM American Society for Testing and Materials (International) CO Contracting Officer COR Contracting Officer’s Representative CS Contract Specialist DIAR Department of Interior Acquisition Regulation EB Elephant Butte EBHD Elephant Butte Historic District FAR Federal Acquisition Regulation MST Mountain Standard Time OGR Onsite Government Representative OSHA Occupational Safety and Health Administration RSHS Reclamation Safety and Health Standards UL Underwriters Laboratories USBR Untied States Bureau of Reclamation
2.0 - Introduction The Bureau of Reclamation, Upper Colorado Region, Albuquerque Area Office, (Reclamation) has a need to remove and replace the current deteriorated wood shingles, nails, and roofing underlayment of the Dam Site Lodge and add insulation to the roofing system. The estimated total surface area of the building is approximately 6,500 square feet with several vent openings.
2.1 – Location and Hours of Operations
The Reclamation’s facility is located near State Highway 51 south east of Truth or Consequences, New Mexico 87901 in Sierra County at Latitude 33°08′55" and Longitude 107°11′04".
Reclamation’s standard business hours are Monday through Friday from 7:30 AM to 4:00 PM MST except federal holidays.
2.2 – Site Visit
Reclamation plans to hold a site visit for perspective offers on Thursday, August 12, 2021 at
10:00 AM MST.
The current period of performance for this SOW is 60 days after notice of proceed. Adjustments to the schedule will be consider if fall/early winter weather will impact quality and safety during the project activities/tasks.
2.3 - Background
Congress authorized the construction of Elephant Butte dam on February 25, 1905, with construction beginning in 1916. The current Elephant Butte Historic District (EBHD) Damsite Lodge used to be Reclamation’s Service Office during the construction of Elephant Butte Dam.
The EBHD area consists of approximately 130 acres and 65 different structures, 32 of which are recorded on the National Register of Historic Places. Reclamation owns all buildings and assets within the Historic District. Several original structures were built during the construction of the dam between 1911-1916 while others were built by the Civilian Conservation Corps (CCC) in the 1930s and 1940s.
One of the original buildings is the old Reclamation Service Office that now serves as a Lodge.
The CCC came in and added the majority of the recreation assets including 2 of the houses in Hospital Canyon, 15 of the casitas, the fish hatchery area, the RV park, and numerous trails and beautiful rock retaining walls and culverts throughout the area.
The area was under a lease agreement with New Mexico State Parks but was turned back to Reclamation in 2015 due to the needed improvements and little financial assistance through the Title 28 cost share agreement. The area is currently open to the public (with the exception of the restaurant) and is temporarily managed by a licensee while a concession contract is being put into place.
The facility is a smoke-, drug-, and alcohol-free facility.
2.4 – North American Industry Classification System (NAICS) The NAICS for this work is 238160 - Asphalt roof shingle installation
2.5 - Purpose
The purpose is to protect and maintain Federally owned buildings, specifically one that is registered on the National Register of Historic Places. The old Reclamation Service Center currently has a deteriorating roof that has allowed water to penetrate the wood shake shingles, plywood decking, the attic floor, and seep down onto the floor of what is currently a rental lodge.
A new roof will not only protect and maintain the Federally owned building, it will increase the safety of the building and the rentability of the rooms.
The work includes removing the current deteriorated wood shingles, nails, and roofing underlayment of the Dam Site Lodge, and replacing it with new 30-year asphalt shingles, plywood sheathing, and adding insulation, is to improve the facility appearance and mitigate current roof leakage.
2.6 - Scope The following bulleted list of work tasks shall be performed in accordance with these specifications and applicable standards. The Contractor shall perform the following key tasks
• Remove existing wood shingles, nails, and roofing underlayment. Clean and remove all debris from the attic.
• Insulation: Furnish and install R-30 rolls of Owens Corning fiberglass insulation in the attic.
• Plywood sheathing: Furnish and install new ¾-inch American Plywood Association 48/24 rated plywood roof sheathing (4-foot by 8-foot by ¾-inch plywood pieces)
Asphalt Shingles: Color to be light grey shade as approve by the Contracting Officer’s Representative. Installed per manufactures recommendations.
Shingles rated Class D, Maximum wind speed of 115 MPH, ASTM D3462/D3446m, Minimum Weight 310 lbs/ 100 square ft. hail impact resistant shingles.
• Roofing Nails:
8d nails for plywood sheathing
• Nails for Shingles:
1-1/4 inches long
• Nails for Roofing Underlayment:
¾ inch long
• Roofing Underlayment: Furnish and Place Dupont Tyvek Protec 200 Roof Underlayment.
A. Self-Adhering Modified Bituminous Underlayment: ASTM1970/D1970M B. Installed per manufacturers recommendations.
• Metal Flashing:
Provide metal roof flashing, including apron flashing, step flashing, valley flashing, drip edges, and vent pipe flashings.
• Ridge Vents Manufacturer’s standard ridge vent for use under asphalt shingles.
1. Provide ridge vents with internal filters, internal baffles or external baffles, for weather protection.
• Apply sealant at all joints according the MBCI standards.
• Asphalt Roof Cement
• Asphalt Primer
3.0 - Reference Standards These standards are part of the specifications:
ASTM International (ASTM):
• ASTM D41/D41M (2011; R 2016) Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and Waterproofing
• ASTM D226/D226M (2017) Standard Specification for Asphalt-Saturated Organic Felt Used in Roofing and Waterproofing
• ASTM D1667/D1667M (2017) Standard Specification for Flexible Cellular Materials – Poly (Vinyl Chloride) Foam (Closed-Cell)
• ASTM D1970/D1970M (2019) Standard Specification for Self-Adhering Polymer Modified Bituminous Sheet Materials Used as Steep Roofing Underlayment for Ice Dam Protection
• ASTM D3018/D3018M (2011; R 2017) Standard Specification for Class A Asphalt Shingles Surfaced With Mineral Granules
• ASTM D3161/D3161M (2020) Standard Test Method for Wind-Resistance of Steep Slope Roofing Products (Fan-Induced Method)
• ASTM D3462/D3462M (2019) Standard Specification for Asphalt Shingles Made from Glass Felt and Surfaced with Mineral Granules
• ASTM D4586/D4586M (2007; E 2012; R 2012) Asphalt Roof Cement, Asbestos- Free
• ASTM D4869/D4869M (2016a) Standard Specification for Asphalt-Saturated Organic Felt Underlayment Used in Steep Slope Roofing
• ASTM D6380/D6380M (2003; E 2013; R 2013) Standard Specification for Asphalt Roll Roofing (Organic Felt)
• ASTM D7158/D7158M (2016) Standard Test Method for Wind Resistance of Asphalt Shingles (Uplift Force/Uplift Resistance Method)
Reclamation Safety and Health Standards (RSHS):
• RSHS-2020 Section 3 - Contractor Requirements
• RSHS-2020 Section 8 - Personal Protective Equipment (PPE)
• RSHS-2020 Section 16 - Fall Protection and Rope-Access Work
Underwriter Laboratories (UL):
• UL 107-2010 Fire Tests of Roof Coverings
• UL 790-2004 Test Methods for Fire Tests of Roof Coverings
• UL 1897-2015 Uplift Tests for Roof Covering Systems
• UL 2218-2010 Impact Resistance of Prepared Roof Covering Materials
4.0 - Submittals The contractor shall submit the following for Government review and approval:
• Prepare in English.
• Label with contract number and title including Required Submittal Number (RSN).
• Measurement Units: US Customary Units.
• Provide a unique transmittal tracking number for each submittal.
• Required certifications shall be performed by a registered professional.
• Manufacturer’s certifications shall be signed by authorized representative.
• Review of submittals:
• Time required: The Government will require a minimum of 14 days to review and/or approve each submittal or resubmittal, unless otherwise specified.
• Excess Time: Should the Government require additional time for review, the
Contracting Officer may extend the contract completion date to allow completion of work. Time extension will be to the extent that the excess review time caused delay to contract completion.
• Submit the following for Government review and approval:
• Submittal Types:
• A – Action requiring Government approval
• I – Informational requires Government review and written receipt
• Submit electronic copies for review and approval to Eric Lujan, Contracting Officer’s Representative (COR) at ELujan@usbr.gov
Submittal Table
RSN Required Submittal and Description Due Date or Delivery Time Type
C1 Payment Bond per 52.228-13 – Alternate Payment Protections 10 days after Award
S1
Project Schedule (Original) and Revisions include each key element such as start of removal of roofing systems and insulation, installation of insulation and roof systems, review of punch list items, and completion
Within 14 days after contract award provide Original Project Schedule and submit Revised Project Schedule if any dates change more than 5 working days.
A
S2 Insurance and Bonding Within 14 days after Award – Submit to the Contracting Officer.
S3 Submit site specific Contractor’s Safety Plan and Job Hazard Analysis (JHAs)
A minimum of 14 Days prior to mobilization A
S4 Submit methods and practices for removing and installing deteriorated roof structural framing
Within 14 days prior to performance of work activities/tasks A
S5 Submit Manufacturer’s product data for underlayment A minimum of 14 days prior to ordering A
S6 Submit Manufacturer’s product data for shingles, color data, trim, fasteners, and accessories
A minimum of 14 days prior to ordering A
S7 Submit As-Built drawings for replacement of roof structural members
A minimum of 14 days prior to sending final payment A
S8 Manufacturer’s Product Warranty Information Furnish with final payment I
S9 Certified Payrolls Weekly during contract performance – Submitted to the Contracting Officer mailto:ELujan@usbr.gov
Reclamation’s Sustainability and Environmental Management System (SEMS) requires that construction contract(s) use recycled materials as defined by EPA’s Green Procurement Program for Recovered Materials. For questions on whether the product counts as "EPA-designated" or what the required recycled content is, refer to product descriptions on EPA's website at https://archive.epa.gov/epawaste/conserve/smm/wastewise/web/html/buyman.html.
5.0 - General Requirements Contractor and Government personnel shall perform all work using professional and respectful interactions. The Contractor shall use good housekeeping processes and cleanup all work areas at completion of a workday. All discarded materials, debris, and trash shall be contained and removed from the project site at a minimum weekly and disposed of according to local requirements.
Contractor is responsible for the security of all equipment and materials on site. In addition, all material shipments, transportation, and storage is the responsibility of the Contractor.
Comply with the requirements of the International Building Code (IBC 2015). The following paragraphs provide Reclamation’s objectives for these construction activities.
5.1 – Asphalt Roofing Shingles Remove existing roof system and replace deteriorated roof structural members. Furnish and install new asphalt roof shingles:
• Underlayment as recommended by manufacturer of shingles.
• Asphalt roofing shingle shall provide a shake appearance.
o 30-year warranty, minimum
• Roof wind velocity load: 115 MPH, minimum.
• Color to be approved by the Government.
• Apply sealant at all joints according the MBCI standards.
6.0 – Security and Safety This section describes the security and safety requirements for this Reclamation facility. The following sub-sections provide additional details for various considerations on this effort.
6.1 - Security The contractor shall not access any sensitive areas without escort from Reclamation personnel.
If Reclamation personnel are not available during the contract period of performance or access by contractor’s employee(s) are required in sensitive or restricted facilities or data, the Contractor shall have background checks on all employees required in the performance of work tasks. The background checks shall follow the requirements in Homeland Security Presidential Directive 12. The information shall be submitted 30 days prior to commencement of onsite work activities.
https://archive.epa.gov/epawaste/conserve/smm/wastewise/web/html/buyman.html
6.1.1 – Facility Security Agreement The contractor shall sign a Facility Security Agreement which outlines the Contractor’s and the Government’s responsibilities in the following areas:
• Drafting, coordinating Government reviews, finalizing, and maintaining the Facility Security Agreement
• Standard Procedures for accessing sensitive or restrictive areas
• Contractor security supervision
• Contractor’s accountability in training and managing personnel that will be accessing sensitive or restrictive areas
• Accountability of issued Identification
• Emergency protection
• Protection of government resources
6.2 - Safety Contractor and its subcontractors shall comply and incorporate into their safety and health programs/plans the following safety requirements:
• Occupational Safety and Health Administration (OSHA) Part 1926 Construction.
• Reclamation Safety and Health Standards (RSHS) which can be found at the following website: https://www.usbr.gov/ssle/safety/RSHS/rshs.html.
The contractor and its subcontractors (if applicable) shall promptly report all facts regarding accidents, near miss(es), emergencies, and/or mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation.
The contractor shall notify the Contracting Officer’s Representative and Contracting Officer by one of the following methods: in person, by telephone, and/or by email within four hours of all incidents. Reclamation’s personnel will notify Reclamation’s Safety and Health office. The contractor shall immediately secure the incident area and any damaged property. If requested by Reclamation Safety and Health office, the Contractor shall submit all pertinent maintenance and training records for equipment or personnel involved in the safety incident(s). If the Government investigates the safety incident, the contractor and the subcontractors shall cooperate fully and assist the Government personnel with the investigation.
7.0 – Provided to Offeror
7.1 – Point of Contact The following key Government personnel are
Contracting Officer: Mary Maestas, Contract Officer 555 Broadway Blvd., Suite 100 Albuquerque, New Mexico 87102-2352
(505) 462-3561 https://www.usbr.gov/ssle/safety/RSHS/rshs.html
MMaestas@usbr.gov
Contracting Officer’s Representative: Hannah Schechter 555 Broadway Blvd. N.E., Suite 100 Albuquerque, New Mexico 87102-2352
(505) 462-3592 HSchcther@usbr.gov
7.2 – Government provided Utilities The Government will make available electricity and water for construction activities. The use of water closet(s) will be at the discretion of the Facility Manager.
If project work required disconnection any utilities such as electrical, water, HVAC equipment, etc. coordinate provide a minimum of 48-hour notice to the Government.
7.3 - Drawings Contractor shall submit As-Built drawing according to the United States National CAD Standards - Version 6.0.
mailto:MMaestas@usbr.gov mailto:HSchcther@usbr.gov
D. Packaging and Marking
E. Inspection and Acceptance
52.236-5 Material and Workmanship (Apr 1984)
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.
(End of clause)
52.246-12 Inspection of Construction (Aug 1996)
(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not-
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may-
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
F. Deliveries and Performance
52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 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 within 60 days after receiving notice to proceed. The time stated for completion shall include final cleanup of the premises.
52.211-13 Time Extensions (Sep 2000)
52.211-18 Variation in Estimated Quantity (Apr 1984)
52.236-2 Differing Site Conditions (Apr 1984)
52.236-6 Superintendence of the Contractor (Apr 1984)
52.236-7 Permits and Responsibilities (Nov 1991)
52.236-8 Other Contracts (Apr 1984)
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)
52.236-17 Layout of Work (Apr 1984)
52.236-21 Specifications and Drawings for Construction (Feb 1997)
G. Contract Administration Data
DOI-AAAP 0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 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 submit an electronic copy of the IPP invoice to the Contracting Officer Representative, To Be Determined at award and to the Contract Specialist, Mary B. Maestas at mmaestas@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
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
• Construction Invoice
• Monthly Certificate of Labor Conformance
• Subcontractor / Supplier Payment Summary
FAR 32.905(b) outlines a Proper Invoices to include:
1. Name & address of the Contractor.
2. Invoice date & number.
3. Contract number, contract line item number and, if applicable, the order number.
4. Description, quantity, unit of measure, unit price and extended price of the items delivered.
5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading.
6. Terms of any discount for prompt payment offered.
7. Name and address of official to whom payment is to be sent.
8. Name, title, and phone number of person to notify in event of defective invoice.
9. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
Any other information or documentation required by the contract.
Prior to submission in IPP, the Contract should
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by https://www.ipp.gov/ contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
1452.201-70 Authorities and delegations. (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.
Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
WBR 1452.242-80 POSTAWARD CONFERENCE --BUREAU OF RECLAMATION (JUL 1993)
(a) Prior to the Contractor starting work, a postaward 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 at: to be determined after award.
(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.
H. Special Contract Requirements
I. Contract Clauses
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): www.acquisition.gov
(End of clause)
52.202-1 Definitions Jun 2020
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)
52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
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)
52.222-3 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 (Jul 2021)
52.222-9 Apprentices and Trainees (July 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) http://www.acquisition.gov/
52.222-15 Certification of Eligibility (May 2014)
52.222-26 Equal Opportunity (Sep 2016)
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)
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)
52.223-6 Drug-Free Workplace (May 2001)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)
52.225-1 Buy American Supplies (Jan 2021)
52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)
52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)
52.232-16 Progress Payments (Jun 2020)
52.232-23 Assignment of Claims (May 2014)
52.232-27 Prompt Payment for Construction Contracts (Jan 2017)
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.233-1 Disputes (May 2014)
52.233-3 Protest after Award (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.236-26 Preconstruction Conference (Feb 1995)
52.242-14 Suspension of Work (Apr 1984)
52.243-5 Changes and Changed Conditions (Apr 1984)
52.244-6 Subcontracts for Commercial Items (Nov 2020)
52.249-2 Alternate I - Termination for Convenience of the Government (Fixed-Price) (Sep 1996)
52.249-10 Default (Fixed-Price Construction) (Apr 1984)
52.204-1 Approval of Contract (Dec 1989)
This contract is subject to the written approval of the Contracting Officer, Mary B. Maestas and shall not be binding until so approved.
52.228-13 -- ALTERNATE PAYMENT PROTECTIONS JUL 2000
(a) The Contractor shall submit the following payment protections:
• Payment Bond (See Attachment 3)
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
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.
(End of Clause)
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. See Attachment 4
1452.215-70 Examination of Records by the Department of the Interior (APR 1984)
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS–
BUREAU OF RECLAMATION (MAY 2018)
(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:
(1) Inspecting and accepting or rejecting work performed under the contract.
(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.
(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.
(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.
(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract;
therefore, the COR does not have the authority to, and may not, issue any technical direction that -
(1) Constitutes a direction of additional work outside the Contract requirements;
(2) Constitutes a change as defined in the contract clause entitled “Changes;”
(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;
(4) Changes any of the expressed terms, conditions or specifications of the contract; or
(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.
(d) All technical direction shall be issued in writing by the COR.
(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within 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.
WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION 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.
(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor…
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