Sol_140R4024R0014.pdf

Elephant Butte Historic District (EBHD) Utility Rehab

Solicitation 140R4024R0014

Proposals MUST be emailed to Contract Specialist, Tina Villegas at tvillegas@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:

Tina Villegas Email: tvillegas@usbr.gov

Only email questions/correspondence regarding this solicitation will be accepted.

No telephone calls. Please reference the solicitation number in the subject line of the email.

Last day for questions regarding this solicitation is Friday, July 26, 2024, 5:00 PM

MDT.

Proposals are due on Friday, August 2, 2024, 5:00 PM MDT via email to tvillegas@usbr.gov.

BUREAU OF RECLAMATION

ALBUQUERQUE AREA OFFICE

mailto:tvillegas@usbr.gov mailto:tvillegas@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)

0040654878

Bureau of Reclamation

Upper Colorado Region

Regional Office 125 South State Street, Room 8100

R40

Salt Lake City UT 84138

Tina Villegas 505-462-3602

1x 07/01/2024

140R4024R0014

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

The Bureau of Reclamation, Upper Colorado Basin Region, Albuquerque Area Office, has a need to replace sewer and water lines, demo and installation of electrical services, installation of optical fiber, copper network cable, and infrastructure for the future connection to an ISP, network switches, wireless access points, and replacement of water tanks at the Elephant Butte Historic District (EBHD). Work is located near Elephant Butte Dam approximately 4 miles east of Truth or Consequences, New Mexico, in Sierra County, in the EBHD.

Attachment 1 - Construction Contract Administration Information

Attachment 2 - Specifications

Attachment 3 - Drawings

Attachment 4 - Wage Determination

Attachment 5 - Price Schedule - Excel

Attachment 6 - Notice to Contractors - Contractor Performance Assessment Reporting

System

Attachment 7 - Bond forms

Attachment 8 - Release of Claims form

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

Continued ...

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.)

21 395 calendar days and complete it within ________________ ________________ calendar days after receiving

08/02/2024

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 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4024R0014

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

$10,000,000.

This requirement is a Total Small Business

Set-Aside. The applicable North American Industry

Classification System (NAICS) Code is

237110-Water and Sewer Line and Related

Structures Construction and the related small business size standard is $45.0 million.

Period of Performance: 09/13/2024 to 10/13/2025

00010 Elephant Butte Historic District (EBHD) Utility

Rehab - Price Schedule A Items A-1 through A-43.

See Specifications (Section J Attachment 2) and

Drawings (Section J Attachment 3) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Firm Fixed-Price (FFP)

See Schedule B for the Price Schedule continuation which includes all CLINs and sub-items for each CLIN. Section J Attachment 5

- Price Schedule is a fillable Microsoft Excel

Spreadsheet.

CLIN includes all items and personnel necessary to complete the required tasks for Price Schedule

A. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

Product/Service Code: Z2NZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER UTILITIES

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 66

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R4024R0014

00020 Elephant Butte Historic District (EBHD) Utility

Rehab - Option Price Schedule B Items B-1 through

B-3.

See Specifications (Section J Attachment 2) and

Drawings (Section J Attachment 3) for more details.

Quantity (QTY) - One (1)

Unit of Issue - Activity Unit (A/U)

Pricing Arrangement - Firm Fixed-Price (FFP)

See Schedule B for the Price Schedule continuation which includes all CLINs and sub-items for each CLIN. Section J Attachment

5-Price Schedule is a fillable Microsoft Excel

Spreadsheet.

CLIN includes all items and personnel necessary to complete the required tasks for Option Price

Schedule B. All inclusive of items, equipment, materials, personnel, specialized personnel, etc.

Product/Service Code: Z2NZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER UTILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Document No.

140R4024R0014

Document Title EBHD Utility Rehab

TABLE OF CONTENTS

CONTINUATION OF SECTION B - Supplies or Services/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

140R4024R0014

Document Title EBHD Utility Rehab

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES/PRICES

Elephant Butte Historic District (EBHD) Utility Rehab

B.1 PRICE SCHEDULES (Section J – Attachment 5)

(a) Proposals will be considered for award on the following Price Schedules, but no proposal will be considered for award on only a part of the Price Schedules.

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

(c) The Government will award Price Schedule A at time of award. Price Schedule B is for an option CLIN that the Government may exercise at contract award or within 21 days of Notice to Proceed.

(d) Quantities in the Price Schedule are estimated quantities for comparison of proposals only.

Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government for overruns or underruns. The contract clause at FAR 52.211-18, Variation in Estimated Quantity does not apply to lump sum items.

(e) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, Alternate 1, for Item 1.

(f) Definitions:

(1) CLIN – Contract Line Item Number

PRICE SCHEDULE A

CLIN

00010

ITEMS Section Supplies or Services Quantity and Unit

Unit Price

Amount

A-1 WBR

1452.232-

Mobilization and Preparatory Work

For the lump sum of $

A-2 01 31 30 Contract Document Management System

For the lump sum of $

A-3 01 33 26 Electrical Drawings and Data

For the lump sum of $

A-4 01 78 30 Final As-built Drawings For the lump sum of 1% of Total Proposal

A-5 03 30 00 Cast-In-Place Concrete 13 yd3 $ $

A-6 05 50 00 Guard Posts 25 ea $ $

140R4024R0014

Document Title EBHD Utility Rehab

CLIN

00010

ITEMS Section Supplies or Services Quantity and Unit

Unit Price

Amount

A-7 26 05 02 Complete Electrical System

For the lump sum of $

A-8 26 05 04 Demolition and Removal of Existing Overhead Electrical Lines and Poles

For the lump sum of $

A-9 26 60 20 DC Electric Vehicle 50kW Chargers

2 EA $ $

A-10 26 60 30 Electrical Pedestals 25 EA $ $

A-11 31 02 10 Water for Dust Abatement

15 MGal $ $

A-12 31 03 33 Removal of Water For the lump sum of $

A-13 31 11 00 Clearing and Grubbing 8 Acres $ $

A-14 31 14 10 Stripping 175 yd3 $ $

A-15 31 23 11 Common Excavation for Structures

49 yd3 $ $

A-16 31 23 11 Rock Excavation for Structures

10 yd3 $ $

A-17 31 23 11 Compacting Backfill about Structures

1661 yd3 $ $

A-18 31 23 22 Excavation for Pipe Trenches

7012 yd3 $ $

A-19 31 23 22 Compacting Backfill in Pipe Trenches

4861 yd3 $ $

A-20 31 23 22 Mobilization of Trench Box

For the lump sum of $

A-21 31 23 22 Use of Trench Box 4710 Lin ft $ $

A-22 31 23 70 Controlled Low Strength Material

10 yd3 $ $

A-23 32 15 10 Paved Road Crossing 7342 yd2 $ $

A-24 32 15 10 Gravel Surfacing 893 Tons $ $

140R4024R0014

Document Title EBHD Utility Rehab

CLIN

00010

ITEMS Section Supplies or Services Quantity and Unit

Unit Price

Amount

A-25 32 91 20 Placing Topsoil For the lump sum of $

A-26 33 11 10 Water Line Pipe – ¾-inch Copper Water Supply Piping and Tubing

950 Lin ft $ $

A-27 33 11 10 Water Line Pipe – 2-inch PVC Pressure Pipe

250 Lin ft $ $

A-28 33 11 10 Water Line Pipe – 4-inch PVC Pressure Pipe

150 Lin ft $ $

A-29 33 11 10 Water Line Pipe – 6-inch PVC Pressure Pipe

11587 Lin ft

A-30 33 11 10 Water Line Pipe – 1-inch HDPE Pressure Pipe

720 Lin ft $ $

A-31 33 11 10 Sewer Line Pipe – 8SDR25 PVC Pressure Pipe

6440 Lin ft $ $

A-32 33 11 10 Filling, Testing and Draining Pipeline

For the lump sum of $

A-33 33 11 10 Repair Kits For the lump sum of $

A-34 33 11 22 Thrust Restraints for PVC Pipe

19 yd3 $ $

A-35 33 11 22 Mechanically Restrained Joints

42 EA $ $

A-36 33 11 22 Fire Hydrants 5 EA $ $

A-37 33 11 22 Gate Valves 58 EA $ $

A-38 33 11 22 Valve Boxes 60 EA $ $

A-39 33 11 22 Air Release Valves

(ARV)

3 EA $ $

A-40 33 11 22 Water Pump 2 EA $ $

A-41 33 11 22 Water Hydrants 24 EA $ $

A-42 33 11 22 Water Meter 2 EA $ $

140R4024R0014

Document Title EBHD Utility Rehab

CLIN

00010

ITEMS Section Supplies or Services Quantity and Unit

Unit Price

Amount

A-43 33 82 23 Complete Communications System

For the lump sum of $

SUBTOTAL FOR PRICE SCHEDULE A $_________________

NEW MEXICO GROSS RECEIPTS TAX (Estimated at 8.3750% of subtotal) $_____________

TOTAL PRICE FOR PRICE SCHEDULE A $_________________

OPTION PRICE SCHEDULE B

CLIN

00020

ITEMS Section Supplies or Services Quantity and Unit

Unit Price

Amount

B-1 33 16 20 Steel Tanks 2 EA $ $

B-2 33 16 20 Ring Foundation 150 Yd3 $ $

B-3 33 16 20 Tank Disinfection 2 EA $ $

SUBTOTAL FOR PRICE SCHEDULE B $_________________

NEW MEXICO GROSS RECEIPTS TAX (Estimated at 8.3750% of subtotal) $_____________

TOTAL PRICE FOR PRICE SCHEDULE B $_________________

TOTAL EVALUATED PRICE FOR PRICE SCHEDULES A and B $_________________

END OF SUPPLIES OR SERVICES AND PRICES

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Document Title EBHD Utility Rehab

SECTION C - Description/Specifications

Please see Section J – Attachments 2 and 3 for specifications and drawings.

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SECTION D - Packaging and Marking

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140R4024R0014

Document Title EBHD Utility Rehab

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):

FAR Clauses: https://www.acquisition.gov/far/

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date 52.246-12 Inspection of Construction August 1996

(End of clause) https://www.acquisition.gov/far/

140R4024R0014

Document Title EBHD Utility Rehab

SECTION F - Deliveries or Performance

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):

FAR Clauses: https://www.acquisition.gov

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

(End of clause)

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 395 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 $4,381.75 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.

https://www.acquisition.gov/

140R4024R0014

Document Title EBHD Utility Rehab

SECTION G - Contract Administration Data

1452.201-70 Authorities and Delegations - Department of the Interior (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

140R4024R0014

Document Title EBHD Utility Rehab

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.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

When progress payment invoice includes unit priced pay item that surveys required for computing quantities, this submittal is part of documentation required for a proper invoice for progress payments in accordance with paragraph (a)(2)(xi) of the clause at FAR 52.232-27 - Prompt Payment for Construction Contracts.

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

Contracting Officer Representative, To be determined Contracting Officer, Kristen Ruiz Jimenez, kruizjimenez@usbr.gov Contract Specialist, Tina Villegas, tvillegas@usbr.gov

Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of Local Clause)

WBR 1452.242-80 POSTAWARD 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 in person at the Elephant Butte Historic District located near Elephant Butte Dam approximately 4 miles east of Truth or Consequences, New Mexico, in Sierra County.

(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:kruizjimenez@usbr.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

140R4024R0014

Document Title EBHD Utility Rehab

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.”

140R4024R0014

Document Title EBHD Utility Rehab

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 webbased 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, preaward surveys, responsibility determinations, production readiness reviews, or other similar

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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.

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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):

FAR Clauses: https://www.acquisition.gov

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date 52.202-1 Definitions. JUN 2020 52.203-3 Gratuities. APR 1984 52.203-5 Covenant Against Contingent Fees. MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures. JUN 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.

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct. NOV 2021 52.203-17 Contractor Employee Whistleblower Rights. NOV 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements.

JAN 2017

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

JUN 2020

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

Certifications. (DEC 2014)

DEC 2014

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

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application. JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment.

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

NOV 2015

52.210-1 Market Research. NOV 2021 52.215-2 Audit and Records - Negotiation. JUN 2020 52.215-8 Order of Precedence - Uniform Contract Format. OCT 1997 52.215-17 Waiver of Facilities Capital Cost of Money. OCT 1997 52.219-6 Notice of Total Small Business Set-Aside. NOV 2020 52.219-8 Utilization of Small Business Concerns. FEB 2024 https://www.acquisition.gov/

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52.219-28 Post-Award Small Business Program Rerepresentation. FEB 2024 52.222-3 Convict Labor. JUNE 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation.

MAY 2018

52.222-6 Construction Wage Rate Requirements. AUG 2018 52.222-7 Withholding of Funds. MAY 2014 52.222-8 Payrolls and Basic Records. JUL 2021 52.222-9 Apprentices and Trainees. JUL 2005 52.222-10 Compliance With Copeland Act Requirements. FEB 1988 52.222-11 Subcontracts (Labor Standards). MAY 2014 52.222-12 Contract Termination - Debarment. MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations.

MAY 2014

52.222-14 Disputes Concerning Labor Standards. FEB 1988 52.222-15 Certification of Eligibility. MAY 2014 52.222-21 Prohibition of segregated facilities. APR 2015 52.222-26 Equal Opportunity. SEPT 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction.

APR 2015

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

Relations Act.

DEC 2010

52.222-50 Combating Trafficking in Persons. NOV 2021 52.222-54 Employment Eligibility Verification. MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026.

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706. JAN 2022 52.223-3 Hazardous Material Identification and Material Safety Data.

(FEB 2021) - Alternate I

JUL 1995

52.223-5 Pollution Prevention and Right-to-Know Information. MAY 2024 52.225-11 Buy American - Construction Materials Under Trade

Agreements - Alternate I

NOV 2023

52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021 52.226-7 Drug-Free Workplace. MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving.

MAY 2024

52.227-1 Authorization and Consent. JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement.

JUN 2020

52.227-4 Patent Indemnity--Construction Contracts. DEC 2007 52.228-2 Additional Bond Security. OCT 1997 52.228-11 Individual Surety-Pledge of Assets. FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds. DEC 2022 52.228-14 Irrevocable Letter of Credit. NOV 2014 52.228-15 Performance and Payment Bonds - Construction. JUN 2020 52.229-3 Federal, State, and Local Taxes. FEB 2013 52.232-5 Payments Under Fixed-Price Construction Contracts. MAY 2014 52.232-16 Progress Payments - Alternate I MAR 2000 52.232-17 Interest. MAY 2014 52.232-18 Availability of Funds. APR 1984 52.232-23 Assignment of Claims. MAY 2014

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52.232-27 Prompt Payment for Construction Contracts. JAN 2017 52.232-33 Payment by Electronic Funds Transfer - System for Award

Management.

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

MAR 2023

52.233-1 Disputes. MAY 2014 52.233-3 Protest After Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.236-2 Differing Site Conditions. APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work. APR 1984 52.236-5 Material and Workmanship. APR 1984 52.236-6 Superintendence by the Contractor. APR 1984 52.236-7 Permits and Responsibilities. NOV 1991 52.236-8 Other Contracts. APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

APR 1984

52.236-10 Operations and Storage Areas. APR 1984 52.236-11 Use and Possession Prior to Completion. APR 1984 52.236-12 Cleaning Up. APR 1984 52.236-13 Accident Prevention. NOV 1991 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work. APR 1984 52.236-21 Specifications and Drawings for Construction. FEB 1997 52.236-26 Preconstruction Conference. FEB 1995 52.242-13 Bankruptcy. JUL 1995 52.243-4 Changes. JUN 2007 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering - Construction. OCT 2020 52.249-2 Termination for Convenience of the Government (Fixed-Price)

Alternate I

SEPT 1996

52.249-10 Default (Fixed-Price Construction). APR 1984 52.253-1 Computer Generated Forms. JAN 1991

(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 [insert regulation name] (48 CFR [ ]) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

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)-

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(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

Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at:

https://www.doioig.gov/complaints-requests/contractor-recipient-resources

(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)

52.219-14 Limitations on Subcontracting. (OCT 2022) (DEVIATION OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status);

and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

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(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are-

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are-

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than

50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

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(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

_X_ By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(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.

1452.215-70 Examination of Records by the Department of the Interior (APR 1984)

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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)

WBR 1452.215-87 INCORPORATION OF TECHNICAL PROPOSAL -- BUREAU OF RECLAMATION

(MAR 2021)

All or parts of the successful offeror's technical proposal are hereby incorporated, either physically or by reference, into this contract. The portions and their location in the contract are as follows:

Description Location in Contract

*Contracting Officer shall complete the chart at time of contract award

WBR 1452.223-80 ASBESTOS-FREE WARRANTY -- BUREAU OF RECLAMATION (AUG 2021)

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available.

(End of clause)

WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION (OCT 2022)

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

(b) Contractor shall comply with the most current version of the Bureau of Reclamation’s Reclamation Safety and Health Standards (RSHS) and, if incorporated, 52.236-13 Accident Prevention.

The RSHS manual shall be obtained at:

http://www.usbr.gov/safety/rshs/index.html

(c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, or in…