Solicitation_140R2025Q0002.pdf

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Friant Dam Shops Epoxy Concrete Flooring
Solicitation number
140R2025Q0002
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This is a solicitation document (140R2025Q0002) issued by the Bureau of Reclamation for epoxy concrete flooring services at Friant Dam in Fresno, California. The work involves preparing and applying new epoxy concrete floor coating in three areas totaling approximately 5,988 square feet: the Equipment Shop Room (2,224 sq ft), Boat Room, and ISM Room.

The solicitation is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a NAICS code of 238330 and size standard of $19 million. The estimated price range is $25,000-$100,000. The contractor must commence work within 7 days of notice to proceed and complete all work within 30 calendar days. The scope includes surface preparation, removal of existing epoxy flooring, cleaning, repairs of cracks/defects, application of primer/sealer and new epoxy coating with decorative broadcast for slip resistance. The contractor must provide all materials, equipment, labor, and skills. Required deliverables include an epoxy flooring catalog with specifications, installation schedule, and installation method documentation. Work hours are Monday-Friday 0700-1500 at 18015 N Friant Road, Friant, CA 93626. Offers are due January 6, 2025 at 1300 local time.

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Solicitation No.140R2025Q0002

Friant Dam Shops Epoxy Concrete

Flooring

Friant Dam South-Central California Area Office - California

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

112/05/2024

140R2025Q0002

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

A. Friant Dam Shops Epoxy Concrete Flooring

B. Work Site Location: The work is located at the South-Central California Area

Office (SCCAO) Friant Dam, Fresno, California.

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

D. Estimated Price Range: $25,000.00 to $100,000.00.

E. Set-aside Information: This requirement is being procured under the Simplified

Acquisition Procedures, Federal Acquisition Regulation (FAR) Part 13. NAICS Code:

238330 and applicable size standard $19 million.

This requirement is restricted to Service-Disabled Veteran-Owned Small Business

(SDVOSB) concerns. FAR Clause 52.219-27 - Notice of Set-Aside for, or Sole-Source

Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible

Under the SDVOSB Program¿ applies to this requirement.

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 30 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

01/06/2025

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

140R2025Q0002

00010 1 AUFriant Dam Shops Epoxy Concrete Flooring

(Price Schedule CLIN 1)

See Following Continuation Page

Product/Service Code: Z2EB

Product/Service Description: REPAIR OR ALTERATION

OF MAINTENANCE BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No.: 140R2025Q0002

Friant Dam Shops Epoxy Concrete Flooring

Price Schedule

B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

Friant Dam Shops Epoxy Concrete Flooring

B.1 GENERAL

The contractor shall, except as otherwise noted, provide all necessary labor, equipment, materials, supplies, transportation, travel, and per diem necessary to perform the work specified in the attached Statement of Work.

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) Definitions:

(1) CLIN – Contract Line Item Number

PRICE SCHEDULE

CLIN Section Supplies or Services Quantity and Unit

Unit

Price

Amount

1 C - SOW Solicitation No.

140R2025Q0002 - Friant

Dam Shops Epoxy

Concrete Flooring

For the lump sum of $

TOTAL FOR SCHEDULE $_________________

END OF SECTION

Price Schedule

B - 2

This page intentionally left blank.

D-1

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

See the attached Statement of Work

STATEMENT OF WORK

South-Central California Area Office Friant Dam Shops Epoxy Concrete Flooring

1.0 INTRODUCTION:

1.1 South-Central California Area Office (SCCAO) Friant Dam: The Workshop Building consisting of the

Equipment Shop Room, Boat Room, and the ISM Room require renovations of the existing epoxy flooring. The project’s goal is to restore the flooring's durability, aesthetics, and functionality through comprehensive surface preparation and application of a new epoxy coating.

2.0 SCOPE:

2.1 Licensed Contractors shall prepare and apply a new epoxy concrete floor coating in areas totaling approximately 5987.61 square feet. The workspaces shall be measured by the Contractor to determine the exact quantity of needed material for this job. The Contractor shall provide all materials, equipment, labor, and necessary skills to complete the work, ensuring adherence to industry standards throughout the process. The work shall consist of the following:

Surface Preparation:

The Contractor shall utilize appropriate methods to remove the existing epoxy flooring over the specified area. The Contractor shall clean the concrete surface to eliminate dust, oils, and contaminants after the removal process. Repairs shall be conducted to address any cracks or surface defects as identified during site assessment, utilizing appropriate methods.

Application of Epoxy Coating:

The Contractor shall apply a suitable primer/sealer to the prepared surface to enhance adhesion, covering the specified area. If specified, a decorative broadcast of quartz or flakes shall be added to enhance aesthetics and increase slip resistance.

Clean-Up and Disposal:

The Contractor shall be responsible for the safe removal and proper disposal of all waste materials and construction debris resulting from the flooring renovation. All activities regarding removal, disposal, and application must comply with local, state, and federal regulations pertaining to hazardous materials and construction safety.

3.0 SPECIFICATIONS:

3.1 The project is looking for Versatile High-Performance Coatings 4100 Moisture Blocking Epoxy or an equal product with the following specifications:

Chemical Resistances

Acetone

Xylene

10% HCL

Ammonia

Degreaser

Liquid Plummer

Vinegar

Clorox

Windex

Motor Oil

Gasoline

Hot Tire

Welding

Grinding

Hot Sparks

4.0 AREA OF WORK:

4.1 The Equipment Shop is represented by Exhibit 1. The main area inside this room can be broken up into two segments consisting of a segment that 38’6” by 26’ and a second segment that is 28’ by 36’6”.

This large room also has three smaller rooms inside labeled as, Restroom, Parts Room, and Office.

The Parts Room is 9’8” by 14’1” and the Office is 9’8” by 12’6”. The Restroom will be ignored and not have the flooring redone. Approximately 2224 square feet of flooring will be worked on in the Equipment Shop.

4.2 The Boat Room is represented by Exhibit 2. The room is 38’ by 38’6”.

4.3 The ISM Room is represented by Exhibit 3. The room is 38’8” by 59’6”.

EXHIBIT 1:

EXHIBIT 2:

EXHIBIT 3:

5.0 PROJECT LOCATION: The worksite operates from 0700 hours to 1500 hours from Monday through Friday and is located within the Fresno Metropolitan area at the following address:

US Bureau of Reclamation 18015 N Friant RD Friant, CA 93626

6.0 US BUREAU OF RECLAMATION (BOR) SCCAO:

1243 N Street

Fresno, CA 93721

7.0 DELIVERABLES: The information provided below provides a listing of deliverables to be provided via email to the Contracting Officer(CO) and the Contracting Officer’s Representative(COR).

7.1 DELIVERABLE #1 (EPOXY FLOORING CATALOG AND TECHNICAL SPECIFICATIONS):

Contractor shall ship a catalog of selections for the epoxy flooring. The accompanying specifications along with a list of the type of materials shall be emailed to the CO and COR or shipped with the catalog.

7.2 DELIVERABLE #2 (INTALLATION SCHEDULE): Contractor shall provide a schedule regarding the planned timeframe for the epoxy floor installation via email to the CO and COR.

7.3 DELIVERABLE #3 (INSTALLATION METHOD): Contractor shall submit the method they shall use to prepare the existing concrete flooring and the installation method they will be using to install the new epoxy floors via email to the CO and COR.

8.0 IDENTIFICATION OF CONTRACTOR EMPLOYEES: Contractor shall provide the names and photo identification (driver’s license) of personnel performing the work in order to obtain a contractor badge to access the site. All contracted employees shall sign-in daily at the front office. All contracted employees shall identify themselves as government contractors.

9.0 POINTS OF CONTACTS (POC): The POCs for this SOW are:

Contracting Officer’s Representative (COR):

Christian Buenrostro

US Bureau of Reclamation

18015 N Friant RD

Friant, CA 93626

Phone: (559) 822-2211

Email: Cbuenrostro@usbr.gov

Contractor point-of-contact information:

Hector Alcocer

Phone: (559) 394-4487

Email: Halcocer@usbr.gov

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

52.242-14

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 30 calendar days after the date the

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

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

G-3 the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

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

“Disputes.”

(End of clause)

G.4 DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT FEB 2021

REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP)

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:

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

G-4

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

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)

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.

a) The contractor shall complete all work in accordance with Section F and in accordance with all sections in the SOW.

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

52.203-17

Contractor Employee Whistleblower Rights

NOV 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-1

Approval of Contract

DEC 1989

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 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

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

NOV 2015

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than

Commercial Products and Commercial Services)

NOV 2024

52.215-8 Order of Precedence-Uniform Contract Format OCT 1997

52.215-21

Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data-Modifications

52.219-27

Notice of Set-Aside for, or Sole-Source Award to, Service-

FEB 2024

I-2

Disabled Veteran-Owned Small Business (SDVOSB)

Concerns Eligible Under the SDVOSB Program

52.219-28

Post-Award Small Business Program Representation

FEB 2024

52.222-3

Convict Labor

JUN 2003

52.222-6

Construction Wage Rate Requirements

AUG 2018

52.222-7

Withholding of Funds

MAY 2014

52.222-8

Payrolls and Basic Records

JUL 2021

52.222-9

Apprentices and Trainees

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

52.222-36 Equal Opportunity for Workers with Disabilities 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

52.222-55 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 2024

52.225-9 Buy American-Construction Materials OCT 2022

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

52.227-2

Notice And Assistance Regarding Patent And Copy

Infringement

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

I-3

52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges of Assets FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022

52.228-13 Alternative Payment Protections JULY 2000

52.228-14 Irrevocable Letter of Credit NOV 2014

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-18

Availability of Funds

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

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

Accident Prevention

NOV 1991

52.236-17 Layout of Work APR 1984

52.236-26 Preconstruction Conference FEB 1995

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52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act-Covered Foreign

Entities

NOV 2024

52.243-5 Changes and Changed Conditions APR 1984

52.244-6

Subcontracts for Commercial Products and Commercial

Service

NOV 2024

52.246-21 Warranty of Construction MAR 1994

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 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 1452.223-80 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.

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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.

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.

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.

http://www.usbr.gov/safety/rshs/index.html https://www.osha.gov/laws-regs/regulations/standardnumber http://www.osha.gov/

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"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.

"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.

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(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 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 III

(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

I-8 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 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. For those individuals that will be receiving a

PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI

Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to

$500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a

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Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S.

For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with

Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract

Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including

FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of

Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION

(CUI), but in some cases may include other unclassified information. (The protection of National

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Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The

Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with

Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled

Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the

Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer.

Prohibited dissemination or disclosure includes, but is not limited to:

permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other

I-11 media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

(iii) The…

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