Solicitation_7_14_final.pdf

U.S. Department of the Interior

Bureau of Reclamation

Missouri Basin Region

Billings, Montana July 2021

Solicitation No. 140R6021R0017

FLATIRON WAREHOUSE

Big Thompson Project, Colorado

PHASE I - Request for Qualifications

(RFQ)

U.S. Department of the Interior

Bureau of Reclamation

Missouri Basin Region

Billings, Montana May 2021

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FLATIRON WAREHOUSE

Big Thompson Project

Colorado

FOREWORD

Work is located within Flatiron Service Area at 11056 W County Rd 18E and the Loveland

Service Area at 910 N Van Buren Ave in Loveland, Colorado in Larimer County.

A. Principal components of work:

1. Design and Build a 7,500 SF (approximate size) Warehouse in the Flatiron

Service Area.

2. Demolish 7 buildings, approximately 8,500 SF in area.

B. Optional components of work:

1. Design and Build up to 2,500 SF additional Warehouse.

2. Demolish an additional building, approximately 1,500 SF in area.

INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO:

Contractual Matters: Contracting Officer

Attention: Stormy Gallagher

Billings, Montana sgallagher@usbr.gov

PRE-BID SITE VISIT: A PREBID SITE VISIT WILL BE HELD ON July 26, 2021

BEGINNING AT 10:00 MT. ATTENDEES ARE TO PROVIDE AND WEAR SAFETY

BOOTS, HARD HATS, SAFETY VESTS.

FOR DATE AND PLACE OF BID OPENING, SEE "SOLICITATION, OFFER, AND

AWARD," STANDARD FORM 1442.

FOR INFORMATION REGARDING BUREAU OF RECLAMATION'S PUBLICATION

"RECLAMATION SAFETY AND HEALTH STANDARDS" INCLUDING REVISIONS

AT https://www.usbr.gov/safety/rshs/index.html WHICH IS APPLICABLE TO WORK

UNDER THIS CONTRACT, SEE CLAUSE AT "WBR 1452.223-81 SAFETY AND

HEALTH."

mailto:gvotobraun@usbr.gov https://www.usbr.gov/safety/rshs/index.html

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Eastern Colorado Area Office

Flatiron Warehouse

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – Solicitation, Offer, and Award (SF 1442)

SECTION B – The Schedule

SECTION C – Specifications

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 12 16 Work Sequence

01 14 10 Use of Site

01 14 12 Work Restrictions and Limitations

01 24 13 Value Engineering

01 31 19 Project Management and Coordination

01 32 20 Construction Program

01 33 00 Submittals

01 35 10 Safety Data Sheets

01 35 20 Safety and Health

01 35 30 Contractor’s On-site Safety Personnel

01 42 10 Reference Standards

01 46 00 Quality Procedures

01 46 20 Testing Agency Services

01 51 00 Temporary Utilities

01 55 00 Vehicular Access and Parking

01 56 10 Protection of Existing Installations

01 56 15 Protection of Existing Utilities

01 57 15 Utility Line Investigations

01 57 20 Environmental Controls

01 57 30 Water Pollution Control

01 57 50 Tree and Plant Protection

01 60 00 Product Requirements

01 74 00 Cleaning and Waste Management

01 78 30 Project Record Documents

01 81 05 General Performance Requirements

DIVISION 51 - INFORMATION AVAILABLE TO OFFERORS

51 00 00 Information Available to Offerors

51 00 10 Flatiron Service Area Photographs

51 00 20 Loveland Service Area Photographs

51 00 30 Green Procurement

51 00 50 Accountability Report Template and Example

51 02 82 Previous Asbestos Survey Results

51 02 83 Hazardous Materials Survey and Analytic Results

DIVISION 52 - DRAWINGS

52 00 00 Drawings

DIVISION 53 - GEOLOGIC INVESTIGATIONS AND RECORDS

53 00 40 Geologic Design Data Report

SECTION D –

NOT USED

SECTION E – Inspection and Acceptance

E.1 Material and Workmanship

E.2 Inspection of Construction

E.3 Warranty of Construction

SECTION F – Deliveries or Performance

F.1 Commencement, Prosecution, and Completion of Work

F.2 Variation in Estimated Quantity

F.3 Suspension of Work

SECTION G – Contract Administration Data

G.1 Authorities and Delegations

G.2 Contracting Officer’s Representatives Authorities and Delegations

G.3 Electronic Invoicing and Payment Requirements Invoice Processing Platform

(IPP)

G.4 Contractor Performance Assessment Reporting System

SECTION H – Special Contract Requirements

H.1 Schedule of Values

H.2 Payment for Technical Data

H.3 Site Security

H.4 Implementation of Homeland Security Presidential Directive-12

PART II – CONTRACT CLAUSES

SECTION I – Contract Clauses

I.1 Clauses Incorporated by Reference

I.2 Commercial and Government Entity Code Maintenance

I.3 Basic Safeguarding of Covered Contractor Information Systems

I.4 Prohibition on Contracting for Certain Telecommunications and Video

I.5 Limitations on Subcontracting

I.6 Minimum Wages Under Executive Order 13658

I.7 Buy American–Construction Materials

I.8 Bid Guarantee

I.9 Additional Bond Security

I.10 Performance and Payment Bonds – Construction

I.11 Federal, State and Local Taxes

I.12 Payments Under Fixed-Price Construction Contracts

I.13 Prompt Payment for Construction Contracts

I.14 Performance of Work by The Contractor

I.15 Differing Site Conditions

I.16 Accident Prevention

I.17 Specifications and Drawings for Construction – Alternate I

I.18 Changes

I.19 Authorized Deviations in Clauses

I.20 Restriction on Endorsements

I.21 Release of Claims

I.22 Examination of Records by The Department of The Interior

I.23 Incorporation of Technical Proposal

I.24 Asbestos-Free Warranty

I.25 Safety and Health -- Bureau of Reclamation

I.26 Protecting Federal Employees and The Public from Exposure to Tobacco Smoke in The Federal Workplace

I.27 Liability Insurance

I.28 Certification or Representatives for Corporate Sureties

I.29 Equipment Ownership and Operating Expense

I.30 Payment for Mobilization and Preparatory Work

I.31 Other Invoice Requirements

I.32 Claims Accounting

I.33 Other Contracts

I.34 Preservation of Cultural Resources

I.35 Security Requirements

I.36 Modification Proposals

PART III – DOCUMENTS, EXHIBITS, AND OTHER

SECTION J – List of Documents, Exhibits, and Other Attachments

ATTACHMENT NUMBER 0001 ............... General Decision Number CO20210002 03/05/2021

ATTACHMENT NUMBER 0002 ....................................................Standard Form 24 - Bid Bond

ATTACHMENT NUMBER 004…………...……………………….…………… Form GP-PIV-1

ATTACHMENT NUMBER 0005 …………...…. ..OF-306 Declaration for Federal Employment

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors

K.1 Annual Representations and Certifications

K.2 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

K.3 Information Regarding Responsibility Matters

K.4 Violation of Arms Control Treaties or Agreements-Certification

SECTION L – Instructions, Conditions and Notices to Bidders

L.1 System for Award Management

L.2 Commercial and Government Entity Code Reporting

L.3 Alternative Line Item Proposal

L.4 Submission of Offers in The English Language

L.5 Submission of Offers in U.S. Currency

L.6 Instructions to Offerors -- Competitive Acquisition

L.7 Type of Contract

L.8 Construction Wage Rate Requirements

L.9 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction

L.10 Notice of Buy American Requirement

L.11 Site Visit (Construction)

L.12 Preparation of Proposals – Construction

L.13 Authorized Deviations in Provisions

L.14 Use and Disclosure of Proposal Information

L.15 Source Evaluation and Selection Procedures

L.16 General Proposal Instructions

L.17 Service of Protest

L.18 Notice of Proposed Partnering

L.19 Instruction for Mobilization and Preparatory Work Schedule Line Item

SECTION M – Evaluation Factors for Award

M.1 Evaluation Factors for Award

M.2 Notice of World Trade Organization Government Procurement Agreement

Evaluations

END OF CONTENTS

SECTION A

SOLICITATION, OFFER, AND AWARD

(STANDARD FORM 1442)

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

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)

0040522084

Bureau of Reclamation

Great Plains Region

Regional Office PO Box 36900

R60

Billings MT 59107

8. ADDRESS OFFER TO

Bureau of Reclamation Attn Stormy Gallagher MB-5000 sgallagher@usbr.gov

Stormy Gallagher 406-247-7820

1x

140R6021R0017

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

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:

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.)

calendar days and complete it within 10

NSN 7540-01-155-3212

x x x copies to perform the work required are due at the place specified in Item 8 by _____________ 1300 ____________ (hour) local time

180__________ ______ 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)

Flatiron Warehouse Construction and Demolition, Eastern Colorado Area Office, Big Thompson Project, Colorado

The estimated price range for this work is $1 Million to $5 Million

The project is issued for Service Disabled Veteran Owned Businesses

The North American Industrial Classification Code is 237990

The Small Business Size Standard is $39.5 Million

Proposals will be Emailed to Stormy Gallagher at sgallagher@usbr.gov

Taxpayer Identification Number:____________________

Data Universal Numbering System: __________________

Commercial and Government Entity Code:_____________

730 calendar days after receiving Paragraph F.1 x

AUGUST 16, 2021

sgallagher Highlight

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

Stormy Gallagher

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

Invoice Processing Platform www.IPP.gov

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6021R0017

00010

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

Sponsored by GSA

FAR (48 CFR) 53.110

1 AU $_________ $_______________FLATIRON WAREHOUSE

See Continuation of Section B - Supplies or Services and Prices

CLINS A1 - A6 And B1-B2

SECTION B

THE SCHEDULE

Price Schedule B - 1

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICES

FLATIRON WAREHOUSE

EASTERN COLORADO AREA OFFICE

COLORADO-BIG THOMPSON PROJECT

B.1 PRICE SCHEDULES

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

(1) Offerors shall complete all Price Schedules. Offers for less than the total of

Schedules will be considered nonresponsive and will not be evaluated for award.

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

(c) The contract will be awarded to the offeror as detailed in Sections L and M. The award of the contract will be based upon the combination of Price Schedules and technical proposals which provides the best value to the Government.

(d) Price Schedule A will be awarded. Depending on availability of funds Price Schedule B will be awarded.

(e) Definitions:

(1) CLIN – Contract Line Item Number

Price Schedule A – 7,500 SF Warehouse at the Flatiron Service Area

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

A1 01 24 13 Value Engineering Study For the lump sum of$ $

A2 01 55 00 Temporary Roadways, Haul Routes, and Parking

For the lump sum of $ $

A3 01 81 05 Design 7,500 SF Warehouse For the lump sum of $ $

A4 01 81 05 Construct 7,500 SF Warehouse

For the lump sum of $ $

A5 01 81 05 Design and Construction of Potable Water Line

1,500 Lin Ft

Price Schedule B - 2

Price Schedule A – 7,500 SF Warehouse at the Flatiron Service Area

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

A6 01 81 05 Building Demolition Associated with 7,500 SF Warehouse

For the lump sum of $ $

Optional Price Schedule B - Additional 2,500 SF of Warehouse at Flatiron Service Area

CLIN Section Supplies or Services Quantity and Unit

Unit Price

Amount

B1 01 81 05 Design/Construct 2,500 SF Additional Warehouse Space

For the lump sum of $ $

B2 01 81 05 Building Demolition Associated with Additional 2,500 SF Warehouse Space

For the lump sum of $ $

END OF SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION D

PACKAGING AND MARKINGS

NOT USED

SECTION E

INSPECTION AND ACCEPTANCE

Big Thompson Project, Colorado Solicitation No. 140R6021R0017

SECTION 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 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

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

(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 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.

E.3 52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work.

If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to

Government-owned or controlled real or personal property, when that damage is the result of:

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.

The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting

Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the

Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's

Warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in

Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SECTION F

DELIVERIES OR PERFORMANCE

F - 1

SECTION 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 730 calendar days after the date the

Contractor receives the notice to proceed. 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 judgment 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, F - 2 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

(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.

SECTION G

CONTRACT ADMINISTRATION DATA

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 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.

(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 WBR

1452.201-80

CONTRACTING OFFICER’S REPRESENTATIVE’S

AUTHORITIES AND LIMITATIONS

MAY 2018

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

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

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

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

COR.

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

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

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

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

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

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

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

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

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

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

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

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

Changes clause of the contract; or

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

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

G.3 DOI-AAAP

ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS - INVOICE PROCESSING

PLATFORM (IPP)

APR 2013

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

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)

• Final Payment Only - Release of Claims (DI 137)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Note – Contractors will be required to submit their proposed invoice documents to the shared e-mail address indicated in Specification Section 01 33 00.

G.4 DOI-AAAP

CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM

DEC 2015

1) Far 42.1502 directs all federal agencies to collect past performance information on contracts.

The department of the interior (doi) has implemented the contractor performance assessment reporting system (cpars) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by far

42.15.

2) The past performance evaluation process is a totally paperless process using cpars. Cpars is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the past performance information retrieval system (ppirs) for government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the contracting officer (co) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the contractor portion of the report and state whether or not the contractor agrees with the evaluation, before returning the report to the assessing official (ao). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your contractor representative(s) are registered in cpars, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for cpars is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the ao will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

A) Contractor representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

B) Your comments should focus on objective facts in the ao's narrative and should provide your views on the causes and ramifications of the assessed performance.

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

D) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "no comment" in the space provided, and then selecting “accept the ratings and close the evaluation”.

E) Your response is due within 60 calendar days after receipt of the cpar. On day 15, the evaluation will become available in ppirs-rc marked as “pending” with or without comments and whether or not it has been closed.

F) If you do not sign and submit the cpar within 60 days, it will automatically be returned to the government and will be annotated: "the report was delivered/received by the https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/ contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

A) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through cpars. If for some reason you are unable to view and/or submit the form through cpars, contact the co for instructions.

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

C) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the co no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for government use supporting source selection actions after it has been finalized.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

SECTION H -- SPECIAL PURCHASE ORDER REQUIREMENTS

H.1 GP-1 SCHEDULE OF VALUES JUL 2019

(a) Definitions.

“Schedule of Values” means the clearly definable tasks, and the cost associated with each of those tasks, which comprise the total work effort required to complete a lump sum contract line item.

Except for the Mobilization and Preparatory Work line item, the Contractor shall submit a Schedule of

Values for review and acceptance for all lump-sum Contract Line Item Numbers listed in Section B.

The Schedule of Values will be used to assess the intermediate value of work completed for the purpose of making progress payments.

H.2 GP-2 PAYMENT FOR TECHNICAL DATA JUL 2019

The Contracting Officer shall retain ten percent (10%) from all progress, or other payments made under this contract (excluding any payment for mobilization and preparatory work) until the Contractor receives final acceptance of the contract.

H.3 GP-7 SITE SECURITY FEB 2004

(a) At least 10 days prior to arriving at the worksite, the contractor shall submit a list to the Contracting

Officer (CO) of the names of all contractor employees that will be on-site initially. Additional employee names must be provided to CO prior to additional employees arriving on-site. The list(s) must include a legible photocopy of each employee's driver's license. In the absence of a driver's license provide an alternate source of official identification that includes: First, Middle, Last Name;

date and place of birth; and place of residence. All contractor employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card or Resident Alien Card authorizing them to work in the U.S.

(b) The contractor is hereby notified of the following:

The Government may perform background checks on any or all workers. If the Government performs background checks, workers shall be required to submit additional personal and work history information. The Government may deny access to any worker at any time, based on information discovered during the background check. Information related to criminal matters

(e.g., outstanding arrest warrants) that is discovered during a background check will be reported to the appropriate authorities.

(c) At least 10 days prior to arriving at the worksite, the contractor shall submit an initial list to CO of all contractor vehicles to be brought to the worksite. A supplemental list shall be provided to CO before additional vehicles are brought on-site. For each vehicle the list shall include the year, make, model color, and license plate numbers and state of issuance when applicable.

(d) Reclamation will provide keys and/or locks to gates and doors, etc. as necessary for contractor personnel to access points within the scope of this project. Any duplication of keys or substitution of locks is strictly prohibited. Contractor shall be accountable to secure and return all keys and/or locks provided by the Government and shall immediately notify the CO of the loss or misplacement of any provided key and/or lock.

(e) All drawings, plans, and other sensitive documents issued to the contractor shall remain under their direct control at all times. These sensitive documents shall not be reproduced or copied or further distributed without approval from CO.

(f) All firearms and dangerous weapons are prohibited in Federal facilities for all persons not specifically authorized by Title 18, United States Code, Section 930. A license to carry a concealed firearm issued under state law is not an exception to this prohibition. This prohibition shall apply to all areas within the construction worksite and contractor use area.

(g) In case of an emergency situation, the contractor shall follow emergency instructions provided by

CO.

(h) Unless exempted by CO, the contractor shall comply with all security requirements already in place at the site, i.e., those security requirements that have been adopted as standard operating procedures at the site.

(i) The contractor shall report to the CO all incidents of criminal and/or suspicious activity observed by their employees on or adjacent to the construction site.

(j) Reclamation reserves the right to change or modify security requirements as mandated by the Offic of Homeland Security and/or as deemed necessary by Reclamation security staff.

(k) Any violations of Reclamation security requirements and/or restrictions may result in Reclamation denying the contractor personnel access to the worksite.

(l) Cost - Include cost incurred for General Security Requirements in prices offered in the schedule for other items of work. In the event Reclamation changes of modifies these requirements after the contract is in place increased Contractor costs will be paid for under the Contract Change Clause.

(m) Contractor shall notify the CO at least 24 hours in advance of any material delivery to worksite.

Material may only be delivered to areas approved by CO.

H.4 GP-10 IMPLEMENTATION OF HOMELAND SECURITY

PRESIDENTIAL DIRECTIVE 12

JUL 2019

In accordance with FAR Clause 52.204-09 – Personal Identity Verification of Contractor Personnel, GP-7 – Site Security GP Region, and WBR 1452.237-80 – Security Requirements – Bureau of

Reclamation, all contractor personnel having routine access to a Government facility will be required to go through a background investigation to verify their identity and determine their suitability for working on a Government contract. The initial background investigation shall be initiated by the submission of forms GP-PIV-1 and OF-306 (see section J) by the contractor to the cognizant

Contracting Officer or Contract Specialist for each contractor and subcontractor employee. These forms contain Personally Identifiable Information; therefore, the submission of forms GP-PIV-1 and

OF-306 shall be made only by encrypted e-mails or paper copies, in a security envelope, delivered through a mail service. These forms shall be submitted at least 30 days prior to an employee’s initial arrival on-site. Once the forms are submitted, each employee will be required to complete the

Standard Form 85 – Questionnaire for Non-Sensitive Positions or Standard Form-86 – Electronic

Questionnaires for Investigations Processing (e-QIP) system. In addition, each employee will be required to complete electronic fingerprints at one of the thousands of credentialing centers across the

United States. Once the employee has completed each of the above steps, the Personnel Security

Specialist will determine the employee to be “provisionally suitable” or “not suitable.” If provisionally cleared, the employee will be allowed on-site while the remainder of the background investigation is completed. Any PIV badges provided to contractor (or subcontractor employees), shall be returned to the Contracting Officer or Contract Specialist for any of the following reasons: entire completion of an employee’s work on the subject contract, termination or dismissal of an employee, any other reason where the employee’s future presence at the Government facility is no longer necessary. The

Government may charge the contractor for each card that is not returned.

SECTION I

CONTRACT CLAUSES

SECTION 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 the following addresses:

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

CLAUSE TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

JUN 2020

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

MAY 2014

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

JUN 2020

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.203-19

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD MANAGEMENT (SAM) OCT 2018

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

(SAM)

OCT 2018

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

52.204-19

INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.207-1 NOTICE OF STANDARD COMPETITION MAY 2006

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

JUN 2020

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

52.209-9

UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

OCT 2018

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.215-2 AUDIT AND RECORDS -- NEGOTIATION JUN 2020

52.215-8 ORDER OF PRECEDENCE 0 UNIFORM CONTRACT

FORMAT

OCT 1997

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.219-27

NOTICE OF SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)

MAR 2020

52.219-28

POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION

NOV 2020

52.222-3 CONVICT LABOR JUN 2003

52.222-4

CONTRACT WORK HOURS AND SAFETY STANDARDS -

- OVERTIME COMPENSATION

MAR 2018