Sol_140R4022B0001.pdf

Navajo-Gallup Water Supply Project Solicitation No.

San Juan Lateral Block 4a & 4b 140R4022B0001

Navajo-Gallup Water Supply Project

San Juan Lateral Block 4a &4b

SOLICITATION NO. 140R4022B0001

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY, UTAH

Preface:

This section is a synopsis of the items identified by Reclamation that have been problematic for some contractors.

The items have been identified through previous real-world performance of construction with Reclamation. The following items are not all-encompassing of problems that may or may not be encountered and are only meant to identify general problems contractors may run into when contracting with Reclamation for construction work. The purpose of this document is to allow contractors to propose/bid/quote construction more accurately at contract inception and reduce contract interpretation disagreements after contract award. It is highly recommended the Contractor read and become intimately familiar with both the solicitation and contract specifications and drawings prior to construction, as that can also head off potential disagreements as the work is being completed.

NOTE: The examples given within are for reference purposes only. Reclamation does not take responsibility for the application of calculations during proposal creation. The Contractor is required to apply all calculations internally, and the items in this document are for awareness purposes only.

Quality Control:

FAR Clause 52.246-12 Inspection of Construction requires the Contractor to establish a construction inspection system to ensure quality. Accordingly, per section 01 46 00 – Quality Procedures, a Quality Control Plan is required to clearly outline the Contractors Quality Control (QC) Program to cover all construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents. The program must include a qualified, experienced Quality Control Supervisor (see part 1.04 Qualifications of the above specification section), who has authority delegated from an authorized official of the firm, to develop and manage quality control processes, including the three-phase control system (preparatory phase, initial phase, and follow-up phase) for all aspects of work specified and who has authorization to stop work if necessary. A well-managed Contractor’s QC Program is essential to ensuring the work conforms to contract requirements. The effectiveness of the Contractor’s QC Program will be subject to continued review and approval by the Government’s Contracting Officer (CO).

Reclamation will conduct its own Quality Assurance (QA) program, which will include inspection and tests performed by Government staff to ensure compliance with terms of the contract. Test performed by Reclamation will be used to ensure compliance with contract requirements and are not to be a replacement for specified Contractor quality testing. Acceptance of materials shall be based on passing of both Contractor’s QC testing and Government’s QA testing. In the event of a discrepancy between Contractor’s and Government’s test results, Reclamation’s quality assurance test results will prevail unless convincing evidence is presented as to why it should not.

Quantity Surveys:

FAR Clause 52.236-16 Alternate I Quantity Surveys is included in this contract. Many contractor personnel have had issues providing adequate survey data IAW the referenced clause. This requires both preliminary and final surveys to be performed by the contractor. The contract requires (specs and clause) that a surveying plan be submitted (Surveying Plan) 28 days prior to beginning surveying work. The surveying plan must be approved by Reclamation prior to the beginning of surveying work. The contract also requires submittal of all quantity survey notes and computations, as well as workday’s survey notes. This is important as the quantity for payment must be verified against the actual survey data. Quantity surveys and calculations, along with as-built drawings, are required to be submitted with each monthly progress payment for a contractor’s invoice to be considered as proper.

The Government will have survey crews on site as part of its QA program. However, this is not to be relied on by the Contractor as meeting the survey specifications. The Contractor is expected to provide full-time survey support under the direction of a registered professional land surveyor licensed in the state where the work is being completed IAW the survey specifications (section 01 71 20 – Surveying). Historically, many contractors have missed this requirement and it has led to payment disagreements. See “Payline” below for common problem.

Payline Method of Payment Calculation:

Reclamation pays through the Payline method IAW attached drawings and specifications for Rock Excavation.

Regardless of actual widths, bottoms, and side slopes excavated, measurement will be made to the paylines shown on drawing or to paylines as directed by COR. All other trench earthwork costs (common excavation, backfill for pipe trench, bedding, embedment, and compacting backfill in pipeline) are included in the prices offered in the Price Schedule for applicable Line Pipe. See specification section 31 23 22 – Pipe Trench Earthwork for additional detail on how the Contract is set up for payment for those quantities. The overall contract price includes the full scope of work; ensure a full understanding of what quantity calculation is prior to submitting price proposal. This is an advisory statement only.

Submittals:

The submittals required for many Reclamation projects can be very detailed. Reclamation is a very data-centric organization of engineering-minded personnel. As such, the data needs to be correct and submittals should be thought out, in a logical format, and be thorough. A ‘shotgun-spread’ approach will not work. Meaning, if a contractor submits superfluous information and/or with no format or shown understanding of the items, it will likely lead to rejection and a required resubmittal of the items. The same is true if a contractor only submits a portion of the items required under a submittal requirement number (RSN). The Contractor is responsible for providing quality control of contractor and subcontractor submittals to ensure they contain all, but no more than, the items required by a particular RSN. Reclamation will retain many, if not all, of the records in library retention for many years. This is for awareness purposes only.

As-Built Drawings:

Section 01 78 30 of the specifications covers this in detail. Reclamation expects full compliance with keeping drawings on site as required in the specifications. See specifications for further information.

Environmental Compliance and Permitting:

Environmental Compliance is a strictly enforced item. In undertaking the construction of the Navajo-Gallup Water Supply Project (NGWSP), Reclamation has built a healthy and trusting relationship with the Navajo Nation Environmental Protection Agency (NNEPA), the U.S. Environmental Protection Agency (EPA), and the Army Corps of Engineers in complying with various environmental regulations, namely the Clean Water Act (CWA).

Reclamation values these relationships and expects full compliance from the Contractor on all environmental items.

Many contractors unfamiliar with Reclamation run into initial issues because they: 1) do not have a dedicated environmental compliance member/team familiar with the Clean Water Act (33 U.S.C. §1251 et seq. (1972)) permitting implementation experience, and specifically Storm Water Pollution Prevention Plan (SWPPP) and 2) and rely on Reclamation to point out non-compliance reactively, rather than proactively implementing and managing this aspect of the job.

Some items of small nature may be required after contract award to comply with local Right of Way (ROW) changes/requirements. These items will be paid on a case-by-case basis on actual costs plus any reasonable overhead or profit.

Example: encountered well water, directed safety and water preservation compliance, paid back based on quantity surveys of actual quantity (not payline) for overage directed work.

Concern Example: Standing water pooled up near open manholes, Reclamation directed that the manholes be covered to prevent rainwater backfilling the pipe, per the specification requirements. Environmental personnel inspections identified multiple discrepancies with SWPPP compliance, directed fixes at no additional cost to the government. Be mindful of the requirements as they can add up if not initially planned for.

Cultural Resources Compliance and Archaeological Monitoring:

Given the density of archaeological artifacts in this area of the country, some items of archaeological and cultural importance are expected to be encountered during construction, including previously unknown sites and artifacts called discoveries. The delays for any ROW restrictions needed to protect these resources and shown in the bid documents should be included in the initial proposal. The contract may be modified for time and/or cost if cultural resources discoveries are encountered and the Contractor does not have other areas where he can shift work. Be sure to read the specifications sections. See specifications section 01 57 90 - Preservation of Historical and Archeological Data and Biological at 01 57 60 - Protected Species for further details. It can be expected that the construction monitors of an Archaeological or Monitoring Firm may contact the Reclamation personnel and have the Contracting Officer (CO) direct a temporary stop work until the discovery is mitigated or otherwise addressed and resolved.

Staying inside the ROW and protecting cultural resources is of paramount importance:

The ROW granted for this project by the Navajo Nation and the Bureau of Indian Affairs to Reclamation has been designed to avoid many cultural resources. Under no circumstances will any incursion outside of the ROW be tolerated, and the Contractor could be subject to Navajo Nation fines and penalties. Reclamation adheres to strict compliance with respectful observance of the Navajo Nation resources and customs and expects the Contractor to be mindful of this as well.

Finally, any action of the Contractor related to carrying out the responsibilities and tasks associated with this contract, whether direct or indirect, are subject to compliance with environmental and cultural resources laws and regulations. Such indirect actions could include but are not limited to grading of roads to improve access to job site, water source outside project ROW including subcontracts for off-site ground disturbing activities (i.e., borrow areas, disposal of excess excavated material, etc. – see Off ROW Land Use Coordination submittal requirements in section 01 31 19 – Project Management and Coordination).

Taxes:

The Contractor must rely on its internal tax experts to ensure full compliance with tax laws. Be aware that both NM Gross Receipts Tax (NMGRT) and Navajo Nation (NN) tax may apply to the apportioned work, depending on where the work is performed. In accordance with FAR 52.229-3, the contract price offered by contractors includes all applicable Federal, State, and local taxes.

NOTE: New Mexico or Navajo Nation tax waiver does not exist for this project. The Contractor should figure in the correctly apportioned taxes as they will need to be paid.

Project Specific Areas of Concern, Interest, and/or Consideration:

There are several project specific areas of concern, interest, and/or consideration on this project. The Contractor should be aware that portions of the construction fall within U.S. Highway 491 ROW and are subject to New Mexico Department of Transportation Utility and Work permit requirements (see sections 01 55 00 – Vehicular Access Parking, 01 55 20 – Traffic Control, 01 56 10 – Protection of Existing Installations. Reclamation is responsible for obtaining the Utility Permit for permission to construct in the highway ROW and the Contractor is responsible for obtaining the Work permits, including traffic control plan preparation and approval.

There are current farm plots being irrigated within the project ROW in Reaches 4a and 4b. The Contractor will be responsible for coordinating construction through each individual farm plot with the farm leases to limit the impacts on those properties and operations. Additionally, the Contractor needs to maintain convenient access to private driveways, houses, and buildings along the line of work.

Site Visit:

Please email attendance confirmation to Contract Specialist, Philoma Singer, psinger@usbr.gov to be added to the attendee list. More information is provided at L.12 in Section L of this solicitation (page 65).

IMPORTANT: The following guidelines are required to attend the site visit:

mailto:psinger@usbr.gov

a. Personal Protective Equipment (PPE)

b. Social distancing is practiced. A mask is required to be worn throughout the site visit in accordance with

Navajo Nation's Public Health Order - website: https://ndoh.navajo-nsn.gov/COVID-19/News-Update.

Subcontractors:

Subcontractors cannot submit partial proposals straight to the Government. Subcontractors shall propose directly to prime contractors. Items will not be pre-qualified during the solicitation period. It is the prime contractor’s responsibility to confirm item meets the specifications of this requirement.

Other Contracts:

FAR 52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984.:

Please carefully read this clause as this effort will potentially overlap with other Reclamation contracts.

https://ndoh.navajo-nsn.gov/COVID-19/News-Update

Table of Contents

SOLICITATION NO. 140R4022B0001

SECTION B - SUPPLIES OR SERVICES AND PRICES - SAN JUAN LATERAL BLOCK

4a & 4b - NAVAJO-GALLUP WATER SUPPLY PROJECT - NEW MEXICO

SECTION C – Statement / Description / Specification of Work SECTION D – Packaging and marking SECTION E – Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

SECTION F -- Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

F.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK APRIL 1984

F.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

SECTION G -- Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

G.2 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) APRIL 2013

G.3 WBR 1452.242-80 POST AWARD CONFERENCE -- BUREAU OF RECLAMATION MAR 2022

G.4 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS -- BUREAU OF RECLAMATION MAY 2018

SECTION H -- Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

DECEMBER 2015

SECTION I -- Contract Clauses

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

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOVEMBER 2021

I.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUGUST 2020

I.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

NOVEMBER 2021

I.5 52.216-4 ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL JAN 2017…………………..…21

I.6 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS SEPTEMBER 2021

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION SEPTEMBER 2021 23

I.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUNE 2020

I.9 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUNE 2020

I.10 FAR 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

NOVEMBER 2021

I.11 52.228-1 BID GUARANTEE SEPTEMBER 1996

I.12 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR – APRIL 1984

I.13 52.236-4 PHYSICAL DATA APRIL 1984

I.14 52.236-8 OTHER CONTRACTS – RECLAMATION DEVIATION APRIL 1984

I.15 52.252-4 ALTERATIONS IN CONTRACT APRIL 1984…………………………………………………...32

I.16 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

I.17 1452.203-70 RESTRICTION ON ENDORSEMENTS DEPARTMENT OF INTERIOR JULY 1996

I.18 1452.204-70 RELEASE OF CLAIMS DEPARTMENT OF THE INTERIOR JULY 1996

I.19 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APRIL 1984

I.20 1452.226-70 INDIAN PREFERENCE—DEPARTMENT OF THE INTERIOR APRIL 1984

I.21 1452.226-71 INDIAN PREFERENCE PROGRAM APRIL 1984

I.22 1452.237-70 INFORMATION COLLECTION—DEPARTMENT OF THE INTERIOR JULY 1996

I.23 WBR 1452.223-80 ASBESTOS FREE WARRANTY BUREAU OF RECLAMATION AUGUST 2021

I.24 WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC FROM EXPOSURE TO

TOBACCO SMOKE IN THE FEDERAL WORK PLACE BUREAU OF RECLAMATION OCTOBER 1998 ..37

I.25 WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION AUGUST 2021

I.26 WBR 1452.228-82 -- COUNTY LIABILITY INSURANCE -- BUREAU OF RECLAMATION JULY 1993

I.27 WBR 1452.228-84 CERTIFICATION OF REPRESENTATIVES FOR CORPORATE SURETIES

BUREAU OF RECLAMATION SEPTEMBER 1996

I.29 WBR 1452.232-80 LIMITATION OF FUNDS -- BUREAU OF RECLAMATION MARCH 2022

I.30 WBR 1452.232-81 -- PAYMENT FOR MOBILIZATION AND PREPARATORY WORK -- BUREAU OF

RECLAMATION MARCH 22 - ALTERNATE I MARCH 2022

I.31 WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES BUREAU OF RECLAMATION

MARCH 2022

I.32 WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION MARCH 2022

I.33 WBR 1452.243-80 -- MODIFICATION PROPOSALS -- BUREAU OF RECLAMATION MARCH 2022 .46

SECTION J – List of Attachments and Exhibits SECTION K -- Representations, Certifications and Other Statements of OFFERORS

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS MAY 2022

K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT NOVEMBER 2021

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCTOBER 2018

K.5.209-12 CERTIFICATION REGARDING TAX MATTERS OCTOBER 2020…………………………

K.6 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION

NOVEMBER 2021…………………………………………………………………………………………………57

K.7 FAR 52.222-23- NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION – FEBRUARY 1999 ………………………...58

SECTION L -- Instructions, Conditions and Notices to Bidders

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEBRUARY 1998

L.2 52.214-7 -- LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS NOVEMBER

L.3 52.214-12 – PREPARATION OF BIDS APRIL 1984

L.4 52.214-15 – PERIOD FOR ACCEPTANCE OF BIDS APRIL 1984

L.5 52.214-18 – PREPARATION OF BIDS – CONSTRUCTION APRIL 1984

L.6 52.214-19 -- CONTRACT AWARD -- SEALED BIDDING – CONSTRUCTION AUGUST 1996

L.7 52.214-21 -- DESCRIPTIVE LITERATURE APRIL 2002

L.8 52.216-1 – TYPE OF CONTRACT APRIL 1984

L.9 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK

MAY 2014

L.10 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS MAY 2014

L.11 1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR JUL 1996 (Deviation)

L.12 52.236-27 -- SITE VISIT CONSTRUCTION ALTERNATE I FEBRUARY 1995

L.13 52.252-5 -- AUTHORIZED DEVIATIONS IN PROVISIONS APRIL 1984

L.14 WBR 1452.236-85 -- INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK

SCHEDULE LINE ITEM -- BUREAU OF RECLAMATION MARCH 2022

L.15 DOI-AAAP-0076 – MINIMUM SUBCONTRACTING GOALS FOR THIS SOLICITATION

SECTION M -- Evaluation Factors for Award M.1 - Notice of Bid Opening

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)

0040580247

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Philoma Singer, Contract Specialist

1235 La Plata Highway Farmington NM 87401 ---To be open by addressee only--

Philoma Singer 505-324-5033 x

09/29/2022

140R4022B0001

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

The North American Industry Classification System (NAICS) code for this acquisition is 237110, small business size standard is $39.5M.

Per the Reclamation Acquisition Regulation (RAR) - WBR 1436.204 - Disclosure of

Magnitude - the estimated magnitude of construction is: (c) Between $50,000,000 and

$100,000,000.

NGWSP Block 4a & 4b: The principal components of work for Block 4a &4b include, but are not limited to, the following:

1. Approximately 18-miles of 42-inch buried water transmission pipe.

2. Valves, air valves, and blowoffs.

3. Wash crossings.

4. Jack and bore crossings.

5. HDD crossings.

6. Precast manhole structures.

7. Concrete thrust collars.

8. Concrete blocked miter bends.

9. Concrete encased miter bends.

Continued ...

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.)

21 920 calendar days and complete it within ________________ ________________ calendar days after receiving

12/15/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Ashton Jones

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 67

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4022B0001

10. Buried manholes.

11. Road crossings.

12. Utility crossings.

13. Erosion control.

14. Corrosion Protection.

LOCATION OF THE WORK:

Reach 4A: 7-mile pipeline and appurtenances, beginning 7.5-miles southeast of Shiprock, New

Mexico at Proposed San Juan Lateral Water

Treatment Plant, off N-36, extending south

7-miles to Proposed San Juan Lateral Pumping

Plant No.2.

Reach 4B: 10.9-mile pipeline and appurtenances, beginning 12-miles south of Shiprock, New Mexico at Proposed San Juan Lateral Pumping Plant No. 2, extending south to Proposed San Juan Lateral

Pumping Plant No. 3, 20 1/2-miles south of

Shiprock, New Mexico.

Period of Performance: 02/01/2023 to 08/30/2025

00010 Description: Block 4a and 4b Construction

Quantity: 1

Unit of Measure: AU (Activity Unit)

Fixed-Price with Economic Price Adjustment

See Schedule B for the price schedule continuation which includes all CLINS.

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

San Juan Lateral Block 4a & 4b

Solicitation No.

140R4022B0001

SECTION B - SUPPLIES OR SERVICES AND PRICES - SAN JUAN LATERAL BLOCK 4a & 4b -

NAVAJO-GALLUP WATER SUPPLY PROJECT - NEW MEXICO

PRICE SCHEDULE

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

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

Quantities in the Price Schedules are estimated quantities for comparison of offers only. Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against Government for overruns or underruns. The contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.

See contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for CLIN 1 of Price Schedule.

Definitions:

CLIN - Contract Line Item Number.

Note: In accordance with Section 7-9-3.3 of New Mexico Statutes Annotated (NMSA) 1978 and Section 402 of Navajo Nation’s Business Activity Tax Statute, it is Contractor’s responsibility to ensure that all applicable New Mexico Gross Receipts Tax and Navajo Nation Gross Receipts Tax are included in their price proposal.

In accordance with FAR 52.232-5 (Payments under Fixed-Price Construction Contracts) (b)(2), payment may be approved for materials delivered to Contractor at locations other than the site if Contractor obtains CO approval prior to making arrangements for obtaining the materials. Contractor shall also be required to complete a “Materials on Hand Certificate” which will certify:

Materials described for use on identified contract.

Materials are clearly marked to identify that they belong to contract cited.

Full title for those materials vested in Prime Contractor sited.

Materials are free of liens and encumbrances.

Materials are properly store, secured, and protected against loss or damage.

Solicitation No.

140R4022B0001

PRICE SCHEDULE

CLIN Section Supplies or Services Quantity and Unit

Unit Price Amount

WBR

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

2 01 31 30 Contract Document Management System (CDMS) For the lump sum of $

3 01 52 10 Government Field Office For the lump sum of $

4 01 56 15 Utility Crossing Investigation For the lump sum of $

5 01 78 30 As-Built and Final Drawings (All Reaches) For the lump sum of $

6 01 78 30 Operations and Maintenance (O&M) Manuals (All Reaches) For the lump sum of $

7 26 42 13 Buried Cathodic Protection and Corrosion Monitoring Systems

For the lump sum of $

8 31 02 10 Water for Dust Abatement 8,800 MGal

9 31 02 30 Dust Palliative For the lump sum of $

10 31 03 33 Unwatering For the lump sum of $

11 31 03 33 Dewatering System For the lump sum of $

12 31 11 00 Clearing and Grubbing For the lump sum of $

31 14 10 Topsoil Stripping, Stockpiling, and

Placement For the lump sum of $

14 31 23 22 Rock Excavation 25,000 yd3

15 31 23 22 Mobilization of Trench Box For the lump sum of $

16 31 23 22 Use of Trench Box 3,400 lin ft

17 32 15 10 Gravel Surfacing 125 yd3 $ $

18 32 91 60 Coir Wattles 3,700 lin ft

Solicitation No.

140R4022B0001

19 32 92 20 Seeding 320 ac $ $

20 33 05 21 Bored Road Crossing 370 lin ft $ $

21 33 05 22 Horizontal Directional Drilling (HDD) 740 lin ft $ $

22 33 11 10 Line Pipe (Reach 4A) 37,046 lin ft

23 33 11 10 Line Pipe (Reach 4B) 56,220 lin ft

24 33 11 10 Filling and Testing Pipe For the lump sum of $

25 33 11 10 Temporary Bypass Pipeline For the lump sum of $

26 33 11 10 Repair Kits For the lump sum of $

27 33 12 10 Sectionalizing Valve Assemblies 16 ea $ $

28 33 12 10 Air Valve Assemblies 5 ea $ $

29 33 12 10 Air Valve with Manhole Assemblies 27 ea $ $

30 33 12 10 Blowoff Assemblies 7 ea $ $

31 33 12 10 Blowoff with Manhole Assemblies 15 ea $ $

32 33 12 10 Buried Manhole Assemblies 28 ea $ $

33 33 12 10 Sampling Station Assemblies 7 ea $ $

34 35 42 35 Wash Crossings For the lump sum of $

TOTAL FOR PRICE SCHEDULE $

END OF SUPPLIES OR SERVICES AND PRICES

Navajo-Gallup Water Supply Project Solicitation No. 140R4022B0001

SECTION C – Statement / Description / Specification of Work

Please See Section J Attachment(s) 1 - 3 for specifications, drawings, and supporting data.

SECTION D – Packaging and marking

There are no clauses included in this section

SECTION E – Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 52.246-12 Inspection of Construction August 1996 https://www.acquisition.gov/far/

SECTION F -- Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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 52.211-13 Time Extension September 2000 52.242-14 Suspension of Work April 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK APRIL 1984

The Contractor shall be required to

(a) commence work under this contract within 21 calendar days after the date the Contractor receives:

1) Notice to Proceed for non-site work under this contract, which is anticipated within twenty-one (21) days after contract award.

2) Notice to Proceed for site work under this contract, which is anticipated to be issued no later than April 1, 2023.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 920 calendar days after the contractor receives the initial non-site work Notice to Proceed issued in accordance with (a)(1) above. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEPTEMBER 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $643.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

SECTION G -- Contract Administration Data

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 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 having 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 exceeding 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 via electronic transmission. This can be through email, mail, or fax. If by fax please request the appropriate fax number. Email is the preferred method of delivery.

(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.

(End of clause)

G.2 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 Internet Payment Platform System (IPP).

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice, failure to provide the items will result in invoice rejection:

1 – Quantity Surveys 2 – Current Copy of As-Built Drawings 3 – Quantity sheets reflecting the CLIN in schedule B, percentage complete, and bold any items nearing or exceeding 100% of the CLIN amount.

Once the invoice has been submitted into the IPP system, the Contractor shall also submit an electronic copy of the invoice to the following:

Contracting Officer: Ashton Jones, email: ajones@usbr.gov Procurement Technician: Chris Zook, czook@usbr.gov

Failure to transmit invoices via electronic transmission 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 CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

G.3 WBR 1452.242-80 POST AWARD CONFERENCE -- BUREAU OF RECLAMATION MAR 2022

(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: Four Corners Construction Office, 1235 La Plata Highway, Farmington, NM. If it cannot be held in-person for any reason, it will be held virtual using Microsoft Teams. If held virtually, each attendee shall attend using a separate computer/camera.

(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 not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.

(End of clause) https://www.ipp.gov/ mailto:ajones@usbr.gov mailto:czook@usbr.gov

G.4 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.

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

(End of clause)

SECTION H -- Special Contract Requirements

H.1 DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM DECEMBER

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at h ttps://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at: https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days,it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

https://www.cpars.gov/

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Clause)

SECTION I -- Contract Clauses

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 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/

The following clauses are hereby incorporated by reference:

Clause Title Date 52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions June 2020

52.203-13 Contractor Code of Business Ethics and Conduct November 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights April 2014

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

January 2017

52.204-4 Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper

May 2011

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

June 2020

52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-19 Incorporation by Reference of Representations and

Certifications December 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Entities

November 2021

52.204-25 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Entities

November 2021

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

November 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.210-1 Market Research November 2021 52.211-18 Variation in Estimated Quantity April 1984 52.214-26 Audit and Records -- Sealed Bidding June 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data --

Modifications -- Sealed Bidding June 2020

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding

June 2020

52.214-29 Order of Precedence -- Sealed Bidding January 1986 52.219-8 Utilization of Small Business Concerns October 2018 52.219-9 Alt I Small Business Subcontracting Plan Alternate I November 2016 52.219-16 Liquidated Damages Subcontracting Plan September 2021 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation May 2018

52.222-6 Construction Wage Rate Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records July 2021 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11…