Solicitation_140R6022Q0045_James_Diversion_Dam_Auxiliary_Spillway_Repair.pdf

U.S. Department of the Interior Bureau of Reclamation Missouri Basin Region Billings, Montana June 2022

Request For Quote Solicitation No. 140R6022Q0045

Repair Breach in the Auxiliary Spillway, James Diversion Dam, South Dakota

Wyoming Area Office Repair Breach in the Auxiliary Spillway, James Diversion Dam

FOREWORD

The James Diversion Dam auxiliary spillway is located just west of the James Diversion Dam, Located in Beadle County. The James Diversion Dam auxiliary spillway can be reached via Dam Access Rd off of 193rd Street. James Diversion Dam is located approximately 15 miles north of Huron, SD. James Diversion Dam is located at 44°35'49.8840" North Latitude and - 098°14'23.1468" West Longitude in Section 13, Township 113 North, Range 62 West, Black Hills Meridian, South Dakota.

The work: Repair the James Diversion Dam back to elevation 1240.5 ft. To do so, install 95% compacted earth fill, geofabric, and riprap. The approximate estimate of earth to be delivered placed and compacted is 300 CY. The approximate estimate of rip rap rock to be delivered is 250 Ton. Rock is expected to be class B, C, and D per the SD DOT standards. Riprap is to be approximately 3 feet thick across the surface of the repaired embankment. The approximate size of geofabric needed is 50 feet long by 30 feet wide. Geofabric shall cover the compacted earth.

Riprap shall cover the geofabric. Riprap interstitial will be filled with earth and smaller rock material to the best of the contractor’s ability to the 1240.5 ft embankment elevation to maintaining upstream water elevation.

TYPE OF CONTRACT:

This requirement is solicited as a “Request for Quote (RFQ) using the Federal Acquisition Regulation Part 15, Contracting by Negotiation. Results from this solicitation will be an anticipated award of a Firm Fixed Price contract.

MAGNITUDE OF PROJECT:

Under $25,000

METHOD OF SUBMISSION OF QUOTES:

See Section L of this Solicitation.

BUSINESS SIZE COMPETITION REQUIREMENTS:

This acquisition is for Total Small business

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

237990 – Other Heavy and Civil Engineering Construction

SITE VISIT:

Prospective contractors are encouraged to visit the James Diversion Dam auxiliary spillway to familiarize themselves with the site to determine the equipment accessibility needs. The site is open to public access at the contractor’s convenience.

SAFETY

For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards” including revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html which is applicable to work under this contract, see clause at “WBR 1452.223-81 Safety and Health.”

http://www.usbr.gov/ssle/safety/RSHS/rshs.htm

Wyoming Area Office Repair Breach in the Auxiliary Spillway, James Diversion Dam

NOTICE TO PROCEED: For planning purposes, the anticipated Notice to Proceed date will be on or about August 1, 2022.

CLOSING DATE:

See Section “A”: "SOLICITATION, OFFER, AND AWARD, STANDARD FORM 1442”

POINT OF CONTACT:

The point of contact is Linda Melnick, Contracting Officer. All questions and correspondence concerning this solicitation will be directed to her via email at lmelnick@usbr.gov. Phone calls will not be accepted to ensure all communication will be properly documented for record purposes.

SYSTEM FOR AWARD MANAGEMENT (SAM):

Effective October 26, 2018, all contractors interested in doing business with the Federal Government must be registered in the System for Award Management (SAM) database when submitting an offer or quotation. Note: Registering in “SAM” does not constitute an automatic award of any contract or agreement to the registering contractor. SAM is centralized database for consolidating the Central Contractor Registration (CCR), the online Representation and Certifications Application (ORCA), and the Excluded Parties List System (EPLS).

Additionally, the contractors “DUNS and BRADSTREET” and banking information are required for the SAM registration and annual confirmation requirements must be accomplished through the SAM website at https://www.sam.gov. For assistance with registering in SAM, contact the Federal Services Desk at 1-866-606-8220.

INVOICE PROCESSING PLATFORM (IPP):

Payment requests for the anticipated contract or agreement must be submitted electronically through the U.S. Department of Treasury’s “Invoice Processing Platform” (IPP) System via the IPP website at https://www.ipp.gov. Contractors are required to use the IPP website to access and use IPP for submitting request for payment. Registration assistance can be obtained by contacting the “IPP Production Helpdesk” via email ippgroup@bos.fbr.org or phone 1-866-973- 3131. If the contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the contractor can submit a waiver request in writing to the Contractor Officer with its Quote. Note: Waivers will be on a case by case basis and not automatically granted as determined by the Contract Officer.

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040580367

Bureau of Reclamation

Great Plains Region

Regional Office PO Box 36900

R60

Billings MT 59107

Bureau of Reclamation

Missouri Basin Region Linda Melnick lmelnick@usbr.gov

Linda Melnick 406-247-7646

140R6022Q0045

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

Repair Breach in the Auxiliary Spillway, James Diversion Dam

The range of this project is Less than $25,000

The North American Industry Classification System (NAICS)code is 237990. The Small

Business Size Standard for NAICS 237990 is $36.9 Million. Product or Service

Descriptions - PSC: Z2PZ Repair or Alteration of Other Non-Building Facilities

This project is issued for Total Small Business Set Aside.

Quotes will be received via email to: Linda Melnick lmelnick@usbr.gov

Taxpayer Identification Number: (TIN) _____________________________

Unique Entity Identifier (UEI) ___________________________

Commercial and Government Entity Code: (SAM) ____________________

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

Paragraph F.1

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

a. Sealed offers in original and

July 12, 2022

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Great Plains Region

Regional Office PO Box 36900

R60

Billings MT 59107

Linda Melnick

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6022Q0045

Repair Breach in the Auxiliary Spillway, James

D

00010

FOB: Destination

Repair Auxiliary Spillway

Product/Service Code: Z2PZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER NON-BUILDING FACILITIES

Period of Performance: 08/01/2022 to 11/30/2022

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

Sponsored by GSA

FAR (48 CFR) 53.110

James Diversion Dam, South Dakota

REQUISITION

STATEMENT OF WORK

Prepared by: U.S. Bureau of Reclamation Dakota Area Office

January 2022

Description of Work

Repair the James Diversion Dam back to elevation 1240.5 ft. To do so, install 95% compacted earth fill, geofabric, and riprap. The approximate estimate of earth to be delivered placed and compacted is 300 CY. The approximate estimate of rip rap rock to be delivered is 250 Ton.

Rock is expected to be class B, C, and D per the SD DOT standards. Riprap is to be approximately 3 feet thick across the surface of the repaired embankment. The approximate size of geofabric needed is 50 feet long by 30 feet wide. Geofabric shall cover the compacted earth.

Riprap shall cover the geofabric. Riprap interstitial will be filled with earth and smaller rock material to the best of the contractor’s ability to the 1240.5 ft embankment elevation to maintaining upstream water elevation.

Period of Performance

Onsite work shall be performed between August 1, 2022, and November 30, 2022. Work shall be complete by November 30, 2022.

Safety

All work will comply with OSHA and the Reclamation Safety and Health Standards (RSHS).

Location

The James Diversion Dam auxiliary spillway is located just west of the James Diversion Dam, Located in Beadle County. The James Diversion Dam auxiliary spillway can be reached via Dam Access Rd off of 193rd Street. James Diversion Dam is located approximately 15 miles north of Huron, SD. James Diversion Dam is located at 44°35'49.8840" North Latitude and - 098°14'23.1468" West Longitude in Section 13, Township 113 North, Range 62 West, Black Hills Meridian, South Dakota.

Site Visits

Prospective contractors are encouraged to visit the James Diversion Dam auxiliary spillway to familiarize themselves with the site to determine the equipment accessibility needs. The site is open to public access at the contractor’s convenience.

Contacts

Any questions regarding the work or the site should be asked to George Finnegan, Bureau of Reclamation, Rapid City Field Office, 515 9th St. Room 101, Rapid City, SD 57701, phone 605- 415-7328.

PRICE SCHEDULE

(a) Offerors shall complete Price Schedule with their quote.

(b) Definitions:

(1) CLIN – Contract Line-Item Number

PRICE SCHEDULE

CLIN Description Quantity Unit Unit Price Amount

1 Mobilization 1 Lump Sum

2 Earth Delivered and Compacted 300 CY 3 Rip Rap Delivered and Placed 250 Ton 4 Geofabric Installed 1 Roll

5 Riprap interstitial Delivered and Placed 100 Ton

TOTAL FOR PRICE SCHEDULE $_____________

Earth and Rock Quarries

Earth and rock materials supplied for this contract must be approved in advance by Reclamation.

Documented source of the material will be provided to the government before materials are brought on site. Government reserves the right to inspect rock for approval based on site eligibility (SHPO), material hardness, material composition, material size, and material angular faces for this contract per the SD DOT standards.

Submittal Process:

Rock quarry SD SHPO clearance for the earth and rock materials must be submitted for pre-approval electronically to the Contracting Officer Representative (COR): George Finnegan gfinnegan@usbr.gov

Time required for review of submittals: Submittal review will require 21 days for review of each submittal or resubmittal, unless otherwise specified. Time required for review of each submittal or resubmittal begins when complete sets of materials required for a particular RSN are received and extends through return email date.

No time extension will be allowed if Contractor fails to make complete action submittals in sequence and within time periods specified.

E-1

E – INSPECTION AND ACCEPTANCE

E.1 52.236-5 MATERIAL AND WORKMANSHIP APR 1984

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

E.2 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E.3 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

E-2

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor:

or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material

E-3 respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

F-1

F – DELIVERIES OR PERFORMANCE

F. 1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within 10 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 120 calendar days. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1)by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

F-2

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

H-1

G – CONTRACT ADMINISTRAION DATA

G.1 DOI-AAAP-0028 ELECTONIC 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 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

• Construction Invoice (GP Form 04 2016)

• Monthly Certificate of Labor Conformance (GP Form 04 2016)

• Subcontractor / Supplier Payment Summary (GP Form 04 2016)

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.

Note – Contractors will be required to submit their proposed invoice documents to George Finnengan at gfinnegan@usbr.gov Once this has been reviewed and approved by the designated COR, the CO will send an approved invoice to the contractor for submission/uploading to IPP.

G.2 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.

https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov mailto:George%20Finnengan%20at%20gfinnegan@usbr.gov mailto:George%20Finnengan%20at%20gfinnegan@usbr.gov

H-2

(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.3 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S

AUTHORITIES AND LIMITATIONS

-- BUREAU OF RECLAMATION MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

H-3

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting

Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly.

Upon receiving the notification from the Contractor, the Contracting Officer must -

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

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

H-1

H – SPECIAL CONTRACT REQUIREMENTS

NOT IN USE

I- 1

I – CONTRACT CLAUSES

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

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

Clause Title Date 52.203-5 Covenant Against Contingent Fees May 2014 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements Jan 2017

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 and Other Covered Entities

Nov 2021

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

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.211-5 Material Requirements Aug 2000 52.213-4 Terms and Conditions – Simplifies Acquisitions (Other than

Commercial Products and Services Nov 2021

52.219-28 Post-Award Small Business Program Rerepresentation Sep 2021 52.222-3 Convict Labor Jun 2003 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Jul 2021 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts Labor Standards May 2014 52.222-12 Contract Termination- Debarment May 2014 52.222-13 Compliance with Construction Wage Requirements and Related

Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 2988 52.222-15 Certification of Eligibility May 2014 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 52.222-29 Notification of Visa Denial Apr 2015 52.222-35 Equal opportunity for Veterans <150K Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combating Trafficking in Persons Nov 2021 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 52.222-62 Paid Sick Leave under Executive Order 13706 Jan 2017 52.227-4 Patent Indemnity-Construction Contracts Dec 2007 https://www.acquisition.gov/far/

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52.223-6 Drug-Free Workplace May 2001 52.223-18 Encouraging Contractor policies to ban Text Messaging while

Driving Jun 2020

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.232-23 Assignment of Claims May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Disputes ALT I Dec 1991 52.233-3 Protest after Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Items Nov 2020 52.247-21 Contractor Liability for Personal Injury and/or Property Damage Apr 1984 52.253-1 Computer Generated Forms Jan 1991

I.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS DEC 2014

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

I.3 52.204- 21 BASIC SAFEGUARDING OF COVERED

CONTRACTOR INFORMATION SYSTEMS

JUN 2016

(a) Definitions. As used in this clause–

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

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

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

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

3502).

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

and control and manage physical access devices.

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

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

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

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

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

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

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

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

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I.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

I.5 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS

– OVERTIME COMPENSATION MAR 2018

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see

Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate specified at 29 CFR 5.5(b)(2) per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C.

chapter 37). In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are https://acquisition-staging.gsa.gov/far/part-8#FAR_8_405_5 https://acquisition-staging.gsa.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/22.300#FAR_22_300 https://www.acquisition.gov/far/subpart-5.5#FAR_Subpart_5_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

I- 5 insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

I.6 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

(a) Definition.—"Site of the work"—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project:

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition:

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, https://www.acquisition.gov/far/subpart-5.5#FAR_Subpart_5_5

I- 6 previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph

(e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees.