Sol_140R4024R0003.pdf

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BGNDRF Treatment Expansion Design Build
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140R4024R0003
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This document is a solicitation for the Brackish Groundwater National Desalination Research Facility (BGNDRF) Treatment Expansion Design Build Project. The Bureau of Reclamation is seeking proposals to expand the BGNDRF facility in Alamogordo, New Mexico to remove perfluoroalkyl and polyfluoroalkyl substances (PFAS) from the groundwater source. The estimated construction cost is between $5,000,000 and $10,000,000, with a 24-month period of performance. The solicitation includes a Statement of Objectives and requires offerors to submit qualifications by April 19, 2024, followed by a full technical and price proposal. Award will be based on the best value to the government, considering both technical and price factors. The solicitation provides detailed instructions for proposal submission, contract administration, and other special requirements.

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Brackish Groundwater National Desalination Research Facility Treatment Expansion

Solicitation # 140R4024R0003

Proposals MUST be emailed to kruizjimenez@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:

Kristen Ruiz Jimenez Email: kruizjimenez@usbr.gov

Email correspondence regarding this solicitation should reference the solicitation number in the subject line and the body of the email.

Last day for Questions for Phase One is Thursday, April 11, 2024

PHASE ONE QUALIFICATIONS: Due No Later than Friday, April 19, 2024 4:00 PM (Mountain Time) mailto:kruizjimenez@usbr.gov mailto:mmaestas@usbr.gov

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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040643577

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Kristen Ruiz Jimenez 505-462-3669

1x 03/20/2024

140R4024R0003

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

The principle components for the Brackish Groundwater National Desalination Research

Facility Treatment Expansion Project shall expand facility to remove perfluoroalkyl and polyfluoroalkyl substances (PFAS) compounds recently discovered in groundwater well source water. Treated water is for onsite, non-potable research projects.

Attachment 1 - Statement of Objectives

LOCATION OF WORK: Brackish Groundwater National Desalination Research Facility

(BGNDRF) site at 500 Lavelle Road in Alamogordo, New Mexico in Otero County.

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

Magnitude - the estimated magnitude of construction is between $5,000,000 and

$10,000,000.

NAICS 237110 - Water and Sewer Line and Related Structures Construction. Size

Standard $45.0 M

11. The Contractor shall begin performance within

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.)

21 730 calendar days and complete it within ________________ ________________ calendar days after receiving

04/19/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

Kristen Ruiz Jimenez

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 65

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4024R0003

Period of Performance: 07/12/2024 to 07/11/2026

00010 BGNDRF Treatment Expansion Design Build Project

See Statement of Objectives (Section J Attachment

1) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Firm-Fixed Price (FFP)

Period of Performance (PoP) - 24 months from

Notice to Proceed

See Schedule B for the Price Schedule continuation which includes all CLINs and sub-CLINs.

CLIN includes all items and personnel necessary to complete project. All inclusive of items, equipment, materials, personnel, specialized personnel, etc. Reclamation will receive a complete 30%, 60%, 90% and 100% design.

Product/Service Code: C1NE

Product/Service Description: ARCHITECT AND

ENGINEERING- CONSTRUCTION: WATER SUPPLY FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Document No.

140R4024R0003

Document Title BGNDRF Treatment Expansion Project

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

SECTION M - EVALUATION FACTORS FOR AWARD

Solicitation Document No.

140R4024R0003

Document Title BGNDRF Treatment Expansion Project

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES

Brackish Groundwater National Desalination Research Facility Treatment Expansion Alamogordo, New Mexico

B.1 PRICE SCHEDULES (Section J - Attachment 4)

(a) Offers will be considered for award on the basis of the following Price Schedules (also in section J attachment 4) but no offer will be considered for award on only a part of the Price Schedules. Government will award depending upon available funds.

(b) Offerors shall complete all Price Schedules. Offers for less than the total of Schedules will be considered nonresponsive and will not be evaluated for award.

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

(d) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(e) Offerors shall complete Price Schedules with their proposal in response to the Phase 2 Request for Proposal (RFP). No Price Schedules shall be submitted with Phase 1 Request for Qualifications (RFQ) / Statement of Qualifications.

(f) Contract will be awarded to the offeror as detailed in Sections L and M. Contract award will be based on the combination of Price Schedules and technical proposals that provides the best value to the Government.

(g) Definitions:

(1) CLIN – Contract Line-Item Number.

(h) Price Schedule B Addendum:

(1) Include pricing breakdown as shown.

(2) Incorporate all construction work, although the work breakdown structure descriptions may not specifically identify each element of the Work.

(3) Revise Price Schedule B Addendum to add work breakdown structure activities.

(4) Provide a comment on Price Schedule B Addendum or attach an explanation describing the reasons for each revision.

(5) Except as provided in this paragraph, do not revise Price Schedule B Addendum.

Price Schedule A

TOTAL FOR PRICE SCHEDULE A ___________

For Design CLINs, attach a detailed listing of labor categories included, number of labor hours, quantity, and associated rates; and other costs associated with design (i.e., material, equipment, software, travel).

Include all associated fringe benefits in labor rates. Include all taxes and other fees related to design.

CLIN Supplies or Services Quantity and Unit Unit Price Amount

010 Design - Complete Design Package and procedural steps leading to final approval, including but not limited to interim meetings, revisions, 30%, 60%, 90% reviews, Value Engineering, and final Design Drawings, Data and Documentation with no restrictions on the Government for use of the designs pertaining to this project.

A1 Section 01 81

Design Baseline Improvements (This Sub-CLIN covers the overall price for providing the Complete Design Package including final Design Drawings, Data, and Documentation– with no restrictions on the Government for use of the designs pertaining to this project). This CLIN should not include the price for the Value Engineering Study, Sub-CLIN A2, but should include the price for the 30% design check-in, Sub-CLIN A3.Value Engineering Study

For the lump sum of $

A2 Section 1 24 13

Value Engineering Study- IAW the specification, this is a breakout price for the total costs of performing the value engineering requirements as detailed in the specifications.

For the lump sum of $

A3 30% Design Drawings, Data, and Documentation.

Review and Coordination with BOR. The contractor shall not progress beyond 30% design until approved by BOR. This price should be included in Sub-CLIN A1 but broken out here for Government review.

For the lump sum of $

Total for Price Schedule A $

Optional Price Schedule B CLIN Supplies or Services Quantity and Unit Unit Price Amount

020 Construction

B1 Section 01 81 05

Construct Baseline Improvements For the lump sum of $

Total for Price Schedule B $

Total for Price Schedule A and Price Schedule B (Not to Exceed $10M): $ __________

Price Schedule B Addendum Description Quantity and

Unit Unit Price Amount

Construction Management and Administrative Support (Provide detailed listing)

Bonds and Insurance $ $

Mobilization and Preparatory Work $ $ Quality Assurance Acceptance Testing, Commissioning, Training, and Construction Documentation

Stormwater Pollution Prevention Plan Preparation and Management

Construction Site Security, Safety, Traffic Control $ $

Clearing and Grubbing $ $ Yard Piping, Excavation, and Backfill $ $

Structural Excavation and Backfill $ $

Concrete $ $

Building Structure $ $

Water Storage Tankage and Pumping Equipment $ $

Water Treatment Equipment $ $

Mechanical Systems $ $

Electrical and Control Systems $ $

Interior Systems/Fixtures $ $

Fire Alarm System $ $

Gravel Base Course $ $

Asphalt Pavement $ $

Concrete Pavement $ $

Seeding $ $

SUBTOTAL $

New Mexico Gross Receipts Tax (6.25% (Estimated) of Subtotal) $

TOTAL: CLIN B1 (Same as Total for Price Schedule B) $

END OF SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS

Please See Section J – Attachment 1 for specifications, drawings, and supporting data.

SECTION D - PACKAGING AND MARKING

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION E - INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

SECTION F - DELIVERIES OR 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 21 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 approximately 730 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages – Construction (SEPT 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 _$1,371.00___ 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)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.211-13 Time Extensions. SEPT 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984

SECTION G - CONTRACT ADMINISTRATION DATA

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)

DOI-AAAP 0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform

(IPP) (FEB 2021)

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 Contracting Officer, Kristen Ruiz Jimenez at kruizjimenez@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:

Design Phase:

Invoice showing percent completion of design.

Construction Phase:

• 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.

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)

WBR 1452.242-80 POST AWARD CONFERENCE BUREAU OF RECLAMATION MARCH 2022

(a) Prior to the contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall https://www.ipp.gov/ mailto:ippgroup@bos.frb.org attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference (if in-person) will be held at Brackish Groundwater National Desalination Research Facility (BGNDRF) site at 500 Lavelle Road in Alamogordo, New Mexico in Otero County. 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)

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

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

DECEMBER 2015

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 https://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.

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.

https://www.cpars.gov/

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

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

(End of clause)

CLAUSES 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

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

November

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 Award

June 2020

52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and

Certifications December

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

December

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

November

52.204-27 Prohibition on a Byte Dance Covered Application. June 2023 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

November

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

November

52.210-1 Market Research November

52.215-2 Audit and Records – Negotiations June 2020

52.215-8 Order of Precedence – Uniform Contract Format October 1997 52.219-8 Utilization of Small Business Concerns February 2024 52.219-9 Alt II Small Business Subcontracting Plan (Sep 2023) Alt II (Nov

2016) September 2023 Alternate II November

52.219-16 Liquidated Damages-Subcontracting Plan September

52.219-28 Post-Award Small Business Program Rerepresentation February 2024 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 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 February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity September

52.222-27 Affirmative Action Compliance Requirements for

Construction April 2015

52.222-35 Equal Opportunity for Veterans June 2020 52.222-36 Equal Opportunity for Workers with Disabilities June 2020 52.222-37 Employment Reports on Veterans June 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act December

52.222-50 Combating Trafficking in Persons November

52.222-54 Employment Eligibility Verification May 2022 52.222-55 Minimum Wages Under Executed Order 13658 January 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts September

52.223-3 Alt I Hazardous Material Identification and Material Safety Data – Alternate I

July 1995

52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts August 2018

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

June 2020

52.223-21 Foams June 2016 52.225-11 Buy American - Construction Materials Under Trade

Agreements Alternate I November

52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.227-1 Authorization and Consent June 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

June 2020

52.227-4 Patent Indemnity – Construction Contracts December

52.228-2 Additional Bond Security October 1997 52.228-5 Insurance - Work on a Government Installation January 1997 52.228-11 Pledges Of Assets February 2021 52.228-12 Prospective Subcontractor Requests for Bonds December

52.228-14 Irrevocable Letter of Credit November

52.228-15 Performance and Payment Bonds–Construction June 2020 52.229-3 Federal, State and Local Taxes February 2013 52.232-5 Payments Under Fixed-Price Construction May 2014 52.232-16 Progress Payments November

52.232-17 Interest May 2014 52.232-18 Availability of Funds April 1984 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts January 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payment to Small Business

Subcontractors March 2023

52.233-1 Disputes May 2014 52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November

52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November

52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-17 Layout of Work April 1984 52.236-21 Alt II Specifications and Drawings for Construction Alternate II April 1984 52.236-26 Preconstruction Conference February 1995 52.242-5 Payments to Small Business Subcontractors January 2017 52.242-13 Bankruptcy July 1995 52.243-4 Changes (Construction) June 2007 52.244-2 Subcontracts June 2020 52.244-6 Subcontracts for Commercial Products and Commercial

Services.

February 2024

52.246-21 Warranty of Construction March 1994 52.248-3 Value Engineering – Construction October 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)

Alternate I (September 1996) (CONST) September

52.249-10 Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991

52.203-14 Display of Hotline Poster(s) (NOV 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

Hotline Posters IAW DIAR 1403.1004

Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at https://www.dol.gov/general/topics/posters & https://www.doioig.gov/complaints-requests/contractor-recipient-resources

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract —

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) https://www.dol.gov/general/topics/posters https://www.doioig.gov/complaints-requests/contractor-recipient-resources https://www.doioig.gov/complaints-requests/contractor-recipient-resources

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph ©, in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

(a) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference;

and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line-item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

□ Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of clause)

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

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

(End of clause)

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of, or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions [insert a summary of weather records and warnings].

(c) Transportation facilities [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) [Insert other pertinent information].

(End of clause)

52.252-4 Alterations in Contract. (APR 1984)

Portions of this contract are altered as follows: Clause 52.236-4 changed Statement of Work to Statement of Objectives (Section J, Attachment 1).

(End of clause)

52.252-6 Authorized Deviations in Clauses. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

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

(End of clause)

1452.203-70 Restrictions on Endorsements (JUL 1996)

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

(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.

(End of clause)

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.

(End of clause)

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

AUT…

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