Solicitation_140R2024R0013.pdf

Solicitation No.140R2024R0013

Clear Creek Tunnel Lining Repair -

RAX 647

Trinity River Division Central Valley Project - California

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Table of Contents - Page 1 of 1

TABLE OF CONTENTS

SECTION A - Solicitation, Offer and Award Form (SF 1442)

SECTION B - Pricing Schedule

SECTION C - Specifications/Appendices

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 Offerors

SECTION L - Instructions, Conditions and Notices to Offerors

SECTION M - Evaluation Factors for Award

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)

Bureau of Reclamation

Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Bureau of Reclamation

California Great Basin Regional Office

2800 Cottage Way, Rm E-1815, Federal Building Sacramento, CA 95825

Rosana Yousefgoarji 916-978-5004

1x 05/15/2024

140R2024R0013

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

A. Clear Creek Power Conduit Tunnel Lining Repair

B. Work Site Location: The work is located between Lewiston and Whiskeytown

Reservoirs. The lower end of the tunnel is located at the Clear Creek Power Plant about 15 miles northwest of Redding, California.

C. Site Visit Information: Site visit information is in Section L of the solicitation, Clause 52.236-27.

D. Estimated Price Range: $5,000,000.00 to $10,000,000.00.

E. Set-aside Information: This requirement is restricted to Total Small Business concerns. FAR Clause 52.219-06 - Notice of Total Small Business Set Aside - applies to this requirement. NAICS Code: 237990 (Size Standard $45 Million).

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.)

7 487 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

06/14/2024

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 Mid-Pacific Region

Regional Office Division of Acquisition Services

R20

2800 Cottage Way, Room E-1815

Sacramento CA 95825-1898

Rosana Yousefgoarji

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 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R2024R0013

00010 Clear Creek Power Conduit Tunnel Lining Repair 1 AU

(Price Schedule CLINs 1 through 11)

See Following Continuation Page

Product/Service Code: Z1LC

Product/Service Description: MAINTENANCE OF

TUNNELS AND SUBSURFACE STRUCTURES

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No.: 140R2024R0013

Clear Creek Tunnel Lining Repair – RAX 647

Trinity River Division, Central Valley Project, California Specifications No. 20-C0908

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

Trinity River Division

Central Valley Project

California

B.1 WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION MAR 2022

AND PREPARATORY WORK SCHEDULE

LINE ITEM – BUREAU OF RECLAMATION

The contracting officer estimates that the Section B Mobilization and Preparatory Work schedule line item should not exceed 22 percent of the total bid price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the percentage stated herein.

B.2 PRICE SCHEDULE

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

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

(c) Quantities in the Price Schedule are estimated quantities for comparison of offers only.

Except as provided in the contract clause at FAR 52.211-18, Variation in Estimated

Quantity, no claim shall be made against 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.

(d) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory

Work, for CLIN 1.

(e) Definitions:

(1) CLIN – Contract Line Item Number

Solicitation No.: 140R2024R0013

Trinity River Division, Central Valley Project, California Specifications No. 20-C0908

Price Schedule

B - 2

PRICE SCHEDULE

CLIN Section Supplies or Services Quantity Unit

Unit

Price Amount

1 WBR

1452.232-

Mobilization and

Preparatory Work

For the lump sum of $

2 01 35 00 Tunnel Access For the lump sum of $

3 02 21 00 Tunnel Station Markers 2 EA $

4 02 22 00 Government Access for

Intake Sump Inspection

For the lump sum of $

5 31 72 10 Enlarged Weep Holes 8 EA $

6 31 72 10 New Weep Holes 61 EA $

7 31 74 10 Tunnel Lining Repairs

- Full depth, Large

2 EA $

8 31 74 10 Tunnel Lining Repairs

- Full depth, Medium

9 EA $

9 31 74 10 Tunnel Lining Repairs

- Full depth, Small

9 EA $

10 31 74 10 Tunnel Lining Repairs

-Shallow depth

3 EA $

11 31 74 10 Tunnel lining Repair

-Piezometer plugs

8 EA $

TOTAL FOR SCHEDULE $_________________

END OF SECTION

Solicitation No. 140R2024R0013

Clear Creek Power Conduit Tunnel Lining Repair

Northern California Area Office – California

D-1

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

Specification 20-C0908 and drawings are attached to Section J.

D-1

SECTION D - PACKAGING AND MARKING

There are no clauses in this section.

E-1

SECTION E - INSPECTION AND ACCEPTANCE

Clause

Title

Date

52.246-12

Inspection of Construction

AUG 1996

F-1

SECTION F - DELIVERIES OR PERFORMANCE

Clause

52.211-13 Time Extensions SEP 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

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND APR 1984

COMPLETION OF WORK

The Contractor shall be required to

(a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 487 calendar days after the date the

Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

FAR 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION SEP 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 $2,500 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.

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the California Great Basin Regional Office, 2800

Cottage Way, Sacramento, California 95825-1898.

G.2 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at time of award.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

Disputes clause of this contract.

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

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G-2

G. 3 WBR 1452.201-80 CONTRACTING OFFICER’S MAY 2018

REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS -- BUREAU OF

RECLAMATION

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

G-3 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)

G.4 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) APR 2013

Payment requests must be submitted electronically through the U.S. Department of the

Treasury’s Internet Payment Platform System (IPP). The IPP website address is:

https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

No attachments are required to be uploaded to IPP.gov.

Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so, may cause a delay in approval and/or rejection of https://www.ipp.gov/

G-4 submitted invoices.

Concurrent to submitting an invoice in IPP, the contractor shall submit supporting documentation to the contracting officer at sha-mpr-acqconbrinv@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.

When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting

Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor

Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No.

1 - $5,678).

Invoices shall not include information that would compromise Personally Identifiable

Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.

Support documents must include, but are not limited to, the following documents:

Construction Invoice

Monthly Certificate of Labor Conformance

Subcontractor / Supplier Payment Summary”

(End of Local Clause)

G.5 DOI-AAAP 0050 NOTICE TO CONTRACTORS PERFORMANCE DEC 2015

CONTRACTOR ASSESSMENT REPORTING SYSTEM

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.

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.

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 mailto:sha-mpr-acqconbrinv@usbr.gov

G-5 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.

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/.

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/.

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

• 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.

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

• 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”.

• 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.

• 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."

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

• 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.

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

• 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.

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.

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.

Clear Creek Tunnel Lining Repair

H-1

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INTERMEDIATE MILESTONES AND LIMITATIONS

a) The information provided below refers to the time period specified in FAR Clause 52.211-10 located in Section F of this solicitation.

b) The contractor shall complete all work in accordance with Section F.

c) The Contractor shall perform all in conduit/tunnel work between November 1 and April 1. No in conduit/tunnel work shall be performed between April 2 to October 31 without written permission from the Contracting Officer.

H.2 WBR 1452.242-80 POSTAWARD CONFERENCE— MAR 2022

BUREAU OF RECLAMATION

(a) Prior to the contractor starting work, a post-award conference (as described in FAR Subpart

42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at the via MS Teams invite.

(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.

I-1

SECTION I - CONTRACT CLAUSES

FAR 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/browse/index/far (FAR 52.XXX-XX formatted clauses)

FAR Clauses

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

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

52.203-12 Limitations on Payments to Influence Certain Federal

Transactions

52.203-17

Contractor Employee Whistleblower Rights

NOV 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4

Printing/Copying Double-Sided on Recycled Paper

MAY 2011

52.204-7

System for Award Management

OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

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

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

I-2

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

52.215-2 Audit and Records-Negotiation JUN 2020

52.215-11

Price Reduction for Defective Certified Cost or Pricing Data –

Modifications JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-19 Notification of Ownership Changes OCT 1997

52.219-8

Utilization of Small Business Concerns

FEB 2024

52.219-28

Post-Award Small Business Program Representation

52.222-3

Convict Labor

JUN 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

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)

52.222-12

Contract Termination – Debarment

52.222-13

Compliance with Construction Wage Rate Requirements and

Related Regulations

52.222-14

Disputes Concerning Labor Standards

FEB 1988

52.222-15

Certification of Eligibility

52.222-21

Prohibition of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-27

Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 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 DEC 2010

I-3

Relations Act

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 Alt I Hazardous Material Identification and Material Safety Data

(July 1995) – Alternate I

FEB 2021

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

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.227-1

Authorization and Consent

52.227-2

Notice And Assistance Regarding Patent And Copy

Infringement

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work on a Government Installation JAN 1997

52.228-11 Pledges 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

52.232-17 Interest MAY 2014

52.232-23

Assignment Of Claims

52.232-25

Prompt Payment

52.232-27

Prompt Payment for Construction Contracts

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 Payment to Small Business

Subcontractors

MAR 2023

52.233-1 Alt I

Disputes - Alternate I (DEC 1991)

52.233-3

Protest After Award

AUG 1996

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52.233-4

Applicable Law For Breach Of Contract Claim

OCT 2004

52.236-2

Differing Site Conditions

52.236-3

Site Investigation and Conditions Affecting the Work

52.236-5

Material and Workmanship

52.236-6

Superintendence by the Contractor

52.236-7 Permits and Responsibilities NOV 1991

52.236-8

Other Contracts

52.236-9

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10

Operations and Storage Areas

52.236-11

Use and Possession Prior to Completion

52.236-12

Cleaning Up

52.236-13 Alt I

Accident Prevention (NOV 1991) – Alternate I

NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-16 Alt 1 Quantity Surveys – Alternate I APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Alt I Specifications and Drawings for Construction (FEB 1997) –

Alternate I

FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13

Bankruptcy

JUL 1995

52.243-4 Changes JUN 2007

52.244-6

Subcontracts for Commercial Products and Commercial

Service

52.246-21 Warranty of Construction MAR 1994

52.248-3

Value Engineering – Construction

OCT 2020

52.249-2 Alt I

Termination for Convenience of the Government (Fixed-

Price) (SEP 1996) – Alternate I

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION – MAR 2022

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting

Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any

I-5 purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.

(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

WBR 1452.215-87 INCORPORATION OF TECHNICAL AUG 2021

PROPOSAL – BUREAU OF RECLAMATION

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

(End of Clause)

WBR 1452.223-80 ASBESTOS-FREE WARRANTY – 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.

WBR 1452.223-81 SAFETY AND HEALTH - 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.

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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 the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail.

(e) If required in the SOW or PWS, the Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer

(or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract.

(End of clause)

WBR 1452.223-82 ENSURING ADEQUATE COVID-19 SAFETY NOV 2022

PROTOCOLS IN FEDERAL BUILDINGS AND

FEDERALLY CONTROLLED FACILITIES –

When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.

WBR 1452.232-81 PAYMENT FOR MOBILIZATION MAR 2022

AND PREPARATORY WORK –

BUREAU OF RECLAMATION - ALTERNATE I (MAR 2022)

(a) General. Payment for the Mobilization and Preparatory Work line item of the schedule will be made as reflected herein. To the extent that this line item exceeds the percentage of total contract pricing as estimated by the Contracting Officer in WBR 1452.236-85, Instruction for http://www.usbr.gov/safety/rshs/index.html https://www.osha.gov/laws-regs/regulations/standardnumber http://www.osha.gov/

I-7

Mobilization and Preparatory Work Schedule Line Item, payment will be made as reflected in

Section (d)(5) below. Reclamation will make payment to the Contractor in accordance with this clause for operations including, but not limited to, those necessary for --

(1) Movement of personnel, equipment, supplies, and incidentals to the project site;

(2) The establishment of offices, buildings, plants and other facilities, at the site (excludes temporary buildings (e.g. storage sheds, shops, offices) and utilities listed in the Operations and Storage Areas clause of this contract;

(3) Payment of premiums for project bonds and insurance; and

(4) Other work and operations which must be performed or costs incurred incident to the initiation of meaningful work at the site and for which the contract does not otherwise provide for payment.

(b) Facilities and equipment covered by mobilization work.

(1) All facilities, plant, and equipment which are established at, or brought to, the site shall be deemed to be subject to the provisions of this paragraph unless the Contracting Officer specifically provides other written authorization for a particular item or items.

(2) The Contractor shall be solely responsible for the adequacy, efficiency, use, protection, maintenance, repair, and preservation of all facilities, plant, and equipment on site.

(3) The facilities, plant, and equipment covered by this paragraph shall not be dismantled or removed from the site prior to completion of the work under the contract without the written authorization of the Contracting Officer.

(c) Termination for default. Should the Contractor be terminated for default as provided by the

Default clause of this contract --

(1) All facilities, plant, and equipment on the site shall be subject to the Government's right to take possession of and utilize such items for the purpose of completing the work;

(2) The Contractor shall provide evidence of encumbrances, liens, or other security interests, to the Contracting Officer; and

(3) Any encumbrance, lien, or other security interest on such facilities, plant, or equipment shall be subordinated to the Government's rights under the Default clause of this contract to utilize all facilities, plant, and equipment to complete the work under the contract.

(d) Payment. Payment for mobilization and preparatory work under paragraph (a) of this clause shall be made at the contractor lump-sum price for this item as contained in the Schedule.

Progress payments for mobilization and preparatory work shall be made as follows --

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(1) In accordance with paragraph (g) of the Payments under Fixed Price Construction

Contracts clause of this contract and upon submission of a proper invoice, the Government will reimburse the Contractor for the total amount of premiums paid for performance and payment bonds as required by the Performance and Payment Bond Requirements clause of this contract and for any insurance which is specified as payable by the Government under this contract.

(2) Except as provided in (d)(1) above, progress payments for mobilization and preparatory work shall not be considered a separate division of work for the purposes of progress payments and shall be subject to retainage before payment of the total amount for this contract line item.

(3) When progress payments totaling 5 percent of the total original contract amount have been made by the Government for all other work accomplished under the contract, the Government shall pay the Contractor 50 percent of the mobilization and preparatory work contract line item amount or 11 percent of the total original contract amount (whichever is the lower) exclusive of any payment already made to the Contractor for performance and payment bond premiums and specified insurance under subparagraph (d).

(4) When progress payments totaling 10 percent of the total original contract amount have been made by the Government for all other work accomplished under the contract, the balance of the amount for the mobilization and preparatory work contract line item or 22 percent of the total original contract amount (whichever is the lower) shall be paid to the contractor.

(5) If the contract amount for mobilization and preparatory work exceeds the total of the payments allowed under (3) and (4) above, the balance shall be paid when the contract work is substantially complete as determined by the Contracting Officer.

(End of Clause)

WBR 1452.236-84 PRESERVATION OF CULTURAL RESOURCES – MAR 2022

(a) Definitions.

"Cultural items" as defined by Native American Graves Protection and Repatriation Act

(NAGPRA) include Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony.

"Cultural resources" is a broad term that includes prehistoric, historic, architectural, and traditional cultural properties; specific items include, but are not limited to, human skeletal remains, archaeological artifacts, records, and material remains related to such properties.

"Funerary objects" means Native American items that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains.

"Human remains" means the physical remains of the body of a person.

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"Native American" means of, or relating to, a tribe, people, or culture that is indigenous to the

United States.

"Sacred objects" means Native American items that are specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents. These items are specifically limited to objects that were devoted to a traditional Native American religious ceremony or ritual and which have religious significance or function in the continued observance or renewal of such ceremony.

"Objects of cultural patrimony" means Native American items having ongoing historical, traditional, or cultural importance central to the Native American tribe or Native Hawaiian organization itself, rather than property owned by an individual tribal or organization member.

These objects are of such central importance that they may not be alienated, appropriated, or conveyed by any individual tribal or organization member.

(b) General. Federal legislation provides for the protection and preservation of cultural resources that may be impacted or altered as a result of any Federal project, activity, or program or federally licensed or assisted project, activity, or program.

(c) Discovery of Resources. Should the Contractor, or any of the Contractor's employees, subcontractors, or parties operating or associated with the Contractor, in the performance of this contract discover evidence of possible cultural resources, the Contractor shall immediately cease work at that location and provide oral notification to the contracting officer, giving location and nature of the findings. The Contractor shall forward a written report of findings to the

Contracting Officer within 48 hours.

(i) If a cultural resource is determined by Reclamation to be a Native American cultural item, then the Contractor shall cease the activity in the area of the discovery, make a reasonable effort to protect the items discovered, and wait for written approval from the Contracting Officer before resuming activity.

(ii) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer and follow with written confirmation within 48 hours to the responsible tribal official and the contracting officer. (The contracting officer will supply the name and phone number of the tribal official.

(iii) The Contractor shall exercise care so as not to disturb or damage any cultural resources discovered during the execution of this contract and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition by

Reclamation. The Contractor shall not resume work in the area of a discovery until written notice to proceed is received from the contracting officer.

(d) Approval of Use Areas and Borrow Sources. If the Contractor proposes to use a location other than an approved location (approved locations to be provided by the contracting officer), the location(s) must first be approved for use by the contracting officer. When considering an unapproved use area or borrow source, the Contractor shall submit a map showing the location to the contracting officer at least 45 calendar days in advance of any proposed use. The Contractor

I-10 or his subcontractors shall take no action to use or alter the proposed location until written approval is provided by the contracting officer.

(e) Compensation for Delays. Where appropriate by reason of discovery, the contracting officer may order changes in the schedule or work. If such delays or changes are ordered, any equitable adjustment under the contract will be provided in accordance with the applicable clauses of the contract.

(f) Subcontractors. The Contractor shall insert this clause in all subcontracts that involve performance of work on job site terrain.

(g) Cost. Except as provided in subsection (e) above, the cost of complying with this contract clause shall be included in the prices offered in the schedule for other items of work.

(h) Government Access. The Contractor's arrangement with landowners shall permit the

Government or its representatives access to the land to identify cultural resources and conduct appropriate inspections during the Contractor's use of the area or during material procurement.

WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU MAR 2022

OF RECLAMATION – ALTERNATE 1

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means

Contracting Officer's Representative. If there is no COR appointed and identified to the

Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the

Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the

I-11 right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI

Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee.