_Solicitation_No__140R3023R0003_-_HD_VC_Exhibit_Level_-_Renovated_Office_Space.pdf
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- Solicitation number
- 140R3023R0003
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This request for proposal solicits construction services for renovations to the Hoover Dam Visitor Center exhibit level and office space. The Bureau of Reclamation seeks to award a single-contract to complete interior construction work including demolition, offices, restrooms, multi-use space, and exterior additions. The total floor space is approximately 9,195 square feet. Offerors must address all evaluation factors to be considered qualified. The period of performance is from estimated award date of January 27, 2023 through completion by January 26, 2024. The estimated value is between $1,000,000 to $5,000,000. The NAICS code is 236220 for repair or alteration of office buildings. The solicitation is set aside for small businesses only and will be awarded using best value tradeoff procedures.
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Solicitation No. 140R3023R0003 Contract No. TBD 100% Small Business Set-Aside Request for Proposal
Hoover Dam Visitor Center Exhibit Level and Renovated Office Space
U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin
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FOREWORD
Solicitation No.
140R3023R0003
Project Title HD VC Exhibit Level and Renovated Office Space i
The Bureau of Reclamation, Interior Region 8: Lower Colorado Basin (LCB) has a requirement for construction work for building renovations at the Hoover Dam Visitor Center, Exhibit Level. The work includes, but is not limited to, major demolition in an occupied building, interior construction of offices, restrooms, and multi-use space in an occupied building; exterior building addition; mechanical HVAC Work; plumbing and fixtures; electrical work; specialized lighting system, fire alarm and sprinkler system modifications, audio/video systems, low-voltage/telecommunications systems, interior terrazzo flooring installation; custom architectural finish fabrication; acoustic panel system; coordination with other contractor(s) completing major elements of work concurrently at project site; coordination of construction with major interpretive installation completed by others; demolition, interior the furnishing of labor, materials, equipment and transportation necessary for the construction of this project to include new interior finishes for the floors, ceilings, walls, restrooms, etc. at the exhibit level and office space per the specifications and drawings. Please note that a concurrent contract was awarded to fabricate and install interpretive exhibits which both contractors will need to work and meet on a regular basis to achieve a successful project. The overall floor space is approximately 9,195 square feet and the interpretive exhibit install space is 5,700 square feet.
This acquisition is being procured under Federal Acquisition Regulations Part 15, Contracting by Negotiation. Offerors are cautioned to carefully review the offer submission requirements contained in Section L and the evaluation criteria and standards contained in Section M. To be considered qualified for this work, offerors must fully address all evaluation factors. Failure to comply with these requirements may result in a proposal being determined unacceptable. Reference Section L, for instructions and Section M, paragraph M.2 for evaluation factors and acceptability standards. The Government anticipates making award without discussions.
MAGNITUDE OF CONSTRUCTION PROJECTS: In accordance with Federal Acquisition Regulation (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, the estimated magnitude is between $1,000,000.00 and $5,000,000.00.
SITE VISIT: See Section L.8, FAR 52.236-27 Site Visit (Construction) for information regarding the organized site visit. A site visit will be held on November 17, 2022 at 8:00 a.m. PDT at the Hoover Dam, located about seven (7) miles from Boulder City, NV, and 32 miles southeast of Las Vegas, NV in Clark County, NV and Mohave County, Arizona. All site visit attendees will meet at the Visitor Center.
Contact Ms. Verónica Rodriguez, Contract Specialist at vrodriguez@usbr.gov if you intend to attend the site visit by no later than November 15, 2022 at 4:00 p.m. PDT. If no notification is received from interested vendors, the site visit will be cancelled.
Vendors are urged and expected to inspect the site where work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of the work to be performed, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitutes grounds for a claim after award of the contract.
WRITTEN QUESTIONS: Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this Request for Proposals (RFP) to Ms. Verónica Rodriguez at vrodriguez@usbr.gov no later than November 21, 2022 at 2:00 p.m. PDT. The subject line shall clearly reference the RFP Number associated with this RFP. Offerors are responsible for ensuring that the Contract Specialist has received the questions submitted by the due date. Questions received after this date may not be entertained.
For date and place of receipt of proposals see (Construction, Alteration or Repair) SF-1442.
Solicitation No.
Project Title HD VC Exhibit Level and Renovated ii
PERFORMANCE OF WORK REQUIREMENTS/LIMITATIONS ON SUBCONTRACTING:
This acquisition is restricted to Small Business concerns. Reference FAR Clauses 52.219-6 and 52.219-14 incorporated at Section I.1 for associated Statement of Work requirements and limitations on subcontracting.
OTHER NOTES TO OFFERORS: For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" (2009 Edition as revised, with revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html ) which is applicable to work to be performed, see clause WBR 1452.223-81 Safety and Health.
Note: The term “bid” found within Attachment No. 0001 – Specifications is equal to “proposal.”
TABLE OF CONTENTS Solicitation No.
Project Title HD VC Exhibit Level and Renovated
TABLE OF CONTENTS
TABLE OF CONTENTS A-1
PART I – THE SCHEDULE
SECTION A – Solicitation/Contract Form – Construction, Alteration or Repair, SF-1442
SECTION B – Continuation of Section B - Supplies or Services and Prices/Costs
B.1 The Requirement B-1 B.2 Instruction For Mobilization and Preparatory Work Schedule Line Item --
Bureau of Reclamation B-1
B.3 Price Schedule B-1
SECTION C – Description/Specifications/Statement of Work C-1
C.1 Specifications C-1
SECTION D - Packaging and Marking – Not applicable D-1
SECTION E - Inspection and Acceptance E-1
E.1 52.252-2 Clauses Incorporated by Reference E-1
SECTION F - Deliveries or Performance F-1
F.1 52.252-2 Clauses Incorporated by Reference F-1 F.2 52.211-10 Commencement, Prosecution, and Completion of Work F-1
SECTION G - Contract Administration Data G-1
G.1 52.252-2 Clauses Incorporated by Reference G-1 G.2 1452.201-80 Contracting Officer’s Representative Authorities and
Limitations - Bureau of Reclamation G-1
G.3 Contractor’s Administration Personnel G-2
SECTION H - Special Contract Requirements H-1
H.1 WBR 1452.242-80 Postaward Conference -- Bureau of Reclamation H-1 H.2 Safety Data Submittal Requirements H-1
PART II - CONTRACT CLAUSES
SECTION I - Contract Clauses I-1 I.1 52.252-2 Clauses Incorporated by Reference I-1 I.2 52.204-21 Basic Safeguarding of Covered Contractor Information Systems I-4 I.3 52.222-35 Equal Opportunity for Veterans I-5 I.4 52.222-36 Equal Opportunity for Workers with Disabilities I-6 I.5 52.225-9 Buy American Act-Construction Materials I-6 I.6 52.252-6 Authorized Deviations in Clauses I-10 I.7 1452.228-70 Liability Insurance -- Department of the Interior I-10 I.8 DOI-AAAP-0028 V3, Electronic Invoicing and Payment Requirements –
Internet Payment Platform (IPP) I-11
I.9 DOI-AAAP-0050 V2, Contractor Performance Assessment Reporting I-11
Project Title HD VC Exhibit Level and Renovated Office Space
Page A-2
System
I.10 52.219-14, Limitations on Subcontracting (Deviation SEP 2021) I-13 I.11 WBR 1452.223-81 Safety and Health -- Bureau of Reclamation I-14 I.12 WBR 1452.232-80 Limitation of Funds -- Bureau of Reclamation I-15 I.13 WBR 1452.232-81 Payment for Mobilization and Preparatory Work --
Bureau of Reclamation I-16
I.14 WBR 1452.236-84 Preservation of Cultural Resources I-18 I.15 WBR 1452.237-80 Security Requirements--Bureau of Reclamation I-20 I.16 WBR 1452.243-80 Modification Proposals--Bureau of Reclamation I-29
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - List of Attachments J-1 J.1 Applicability of Document J-1 J.2 List of Contract Documents J-1
PART IV-REPRESENTATIONS AND INSTRUCTIONS
(This part will be removed after award.)
SECTION K - Representations, Certifications and Other Statements of Offerors K-1
K.1 Solicitation Provisions Incorporated by Reference K-1 K.2 52.204-8 Annual Representations and Certifications K-2 K.3 52.204-20 Predecessor of Offeror K-5 K.4 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment K-6
K.5 52.209-5 Certification Regarding Responsibility Matters K-9 K.6 52.209-7 Information Regarding Responsibility Matters K-10 K.7 52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or A Felony Conviction Under Any Federal Law K-12
K.8 52.209-13 Violation of Arms Control Treaties or Agreements-Certification K-12 K.9 52.222-22 Previous Contracts and Compliance Reports K-14
K.10 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
K-14
SECTION L - Instructions, Conditions and Notices to Offerors L-1
L.1 Solicitation Provisions Incorporated by Reference L-1 L.2 52.211-3 Availability of Specifications Not Listed in The GSA Index of
Federal Specifications, Standards and Commercial Item Descriptions L-1
L.3 52.216-1 Type of Contract L-4 L.4 52.222-5 Construction Wage Rate Requirements—Secondary Site of the
Work L-4
L.5 52.225-10 Notice of Buy American Act Requirement - Construction Materials
L-4
L.6 52.228-1 Bid Guarantee L-5 L.7 52.236-27 Alt I Site Visit (Construction) - Alternate I
(Feb 1995) L-6
L.8 52.252-5 Authorized Deviations in Provisions L-6 L.9 1452.233-2 Service of Protest Department of The Interior (Jul 1996)
(Deviation) L-6
L.10 1452.215-81 Proposal Instructions -- Bureau of Reclamation L-7
Project Title HD VC Exhibit Level and
L.11 1452.236-85 Instruction for Mobilization and Preparatory Work Schedule
Line Item --Bureau of Reclamation L-13
SECTION M - Evaluation Factors for Award M-1
M.1 WBR 1452.215-80 Source Selection Evaluation Procedures—Bureau of Reclamation
M-1
M.2 WBR 1452.215-82 Evaluation for Award -- Quality Predominance -- Bureau of Reclamation
M-1
Project Title HD VC Exhibit Level and
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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)
0040585670
Bureau of Reclamation
Lower Colorado Region
Regional Office 500 Fir Street
R30
Boulder City NV 89005
Bureau of Reclamation - YAO
Attn: Veronica Rodriguez (LCB - 10406) 7301 Calle Agua Salada Yuma, AZ 85364
Veronica Rodriguez 9283438266
1x 11/10/2022
140R3023R0003
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
PROJECT: 140R3023R0003 - Renovation of Hoover Dam Visitors Center Exhibit Level, Single-Award contract for Hoover Dam (Nevada).
FULL AND OPEN COMPETITION: 100% Total Small Business Set-Aside
NAICS: The North American Industry Classification System (NAICS) code for this acquisition is 236220 Repair or Alteration of Office Building. The small business standard is $39.5 million in average annual receipts. This solicitation is issued as a Request for Proposals in accordance with FAR Part 15, Contracting by Negotiation.
MAGNITUDE OF CONSTRUCTION PROJECTS: In accordance with Federal Acquisition
Regulation (FAR) 36.204 Disclosure of the Magnitude of Construction Projects, the estimated magnitude is between $1,000,000.00 and $5,000,000.00.
PERIOD OF PERFORMANCE: From the date of award of the contract(s), approximately
January 27, 2023 through January 26, 2024. Exact dates will be entered by the
Contracting Officer at time of award.
ATTACHMENTS:
Continued ...
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.)
10 365 calendar days and complete it within ________________ ________________ calendar days after receiving
12/09/2022
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)
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 Lower Colorado Region
Yuma Area Office 7301 Calle Agua Salada
R34
Yuma AZ 85364
Aimee Amador
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
140R3023R0003
Attachment 1 Specifications
Attachment 2 Drawings
Attachment 3 Wage Determinations - General Decision Number: NV20220038 - 10/21/2022
Attachment 4 Bond Forms
Attachment 5 Construction Invoice Requirements
Attachment 6 Waste Diversion Form - E
Attachment 7 Release of Claims - Form DI-137
Attachment 8 Past Performance Questionnaire
NAICS for this requirement: 236220
00010 Renovation of Hoover Dam Visitors Center Exhibit
Level and office space per the attached specifications and drawings, etc.
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
Period of Performance: 01/27/2023 to 01/26/2024
Delivery Location Code: 0004506041
See Award
99999 US
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Project Title HD VC Exhibit Level and Renovated Office Space
Page A-2
Award (Construction, Alteration or Repair) SF-1442
Continuation of Section B – Supplies or Services and Prices/Costs
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Page B-1
CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 THE REQUIREMENT
(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.
(b) IMPORTANT NOTE: The requirement for submission of performance and payment bonds is applicable for construction services in excess of $150,000.00. A bid guarantee will be required.
B.2 PRICE SCHEDULE
(a) CLIN: Contract Line-Item Number
(b) LS: Lump Sum
CLIN DIVISION Supplies/Services
QTY
Unit
Extended Amount
0001 00 Performance/Payments Bonds and Insurance
1 LS $
0002 00 Mobilization/Preparatory Work 1 LS $
0003 01 General Requirements 1 LS $
0004 02 Existing Conditions - Demolition 1 LS $
0005 03 - 31 Construction Work 1 LS $
Total for Schedule
Section B – Supplies or Services and Prices
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Section C – Description/Specifications/ Statement of Work
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SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK
C.1 SPECIFICATIONS
The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the requirement specified in the Specifications, and Drawings contained in Attachments 1 - 2 of this RFP.
Section C – Description/Specifications/ Statement of Work
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Section D – Packaging and Marking
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SECTION D – PACKAGING AND MARKING
(There is no additional information in this section)
Section D – Packaging and Marking
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Section E – Inspection and Acceptance
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SECTION E – INSPECTION AND ACCEPTANCE
E.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): Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar
In addition, clauses can be identified as follows:
FAR - by the number prefix 52, e.g. 52.252-01, etc.; and DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70.
The following referenced clauses are hereby incorporated into and made a part of this contract.
Clause Title Date 52.246-12 Inspection of Construction AUG 1996
Section E – Inspection and Acceptance
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Section F – Deliveries or Performance
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SECTION F – DELIVERIES OR PERFORMANCE
F.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): Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar
In addition, clauses can be identified as follows:
FAR - by the number prefix 52, e.g. 52.252-01, etc.; and
52.242-14 Suspension of Work APR 1984
F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND
COMPLETION OF WORK
APR 1984
The Contractor shall be required to (a) commence work under this contract within 14 days after the date the Contractor receives the Notice to Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days. The Government intends on providing two NTPs. The first NTP will allow the contractor to start ordering material. The second NTP will allow the contractor to begin on site work. The contractor will be required to complete construction no later than 180 calendar days following the second Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises.
Section F – Deliveries or performance
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Section G – Contract Administration Data
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SECTION G – CONTRACT ADMINSTRATION DATA
G.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): Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar
In addition, clauses can be identified as follows:
FAR - by the number prefix 52, e.g. 52.252-01, etc.; and
1452.201-70 Authorities and Delegations - Department of the Interior SEP 2011
G.2 WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE
AUTHORITIES AND LIMITATIONS - BUREAU OF
RECLAMATION
MAY 2018
a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:
(1) Inspecting and accepting or rejecting work performed under the contract.
(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.
(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.
(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.
(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -
(1) Constitutes a direction of additional work outside the Contract requirements;
(2) Constitutes a change as defined in the contract clause entitled “Changes;”
Section G – Contract Administration Data
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(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 CONTRACTOR’S ADMINISTRATION PERSONNEL
Name: ________________________________________________ Title: _________________________________________________ Address: ______________________________________________
City/State/Zip: _________________________________________ Telephone No: _________________________________________ Fax No.: ______________________________________________ (Complete and submit with Proposal.)
Section H – Special Contract Requirements
Solicitation No.
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SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 WBR 1452.242-80 POSTAWARD CONFERENCE -- BUREAU OF
MAR 2022
(a) Prior to the contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.
(b) The conference will be held at TBD after award. Post award conference will be held either virtually via Microsoft TEAMs or in person at the Hoover Dam.
(c) The contracting officer and the contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.
(d) The contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.
H.2 SAFETY DATA SUBMITTAL REQUIREMENTS
(a) Within 20 calendar days from the date it receives notice of award, the Contractor shall submit the following safety data to the Contracting Officer:
(1) The Contractor's current overall Experience Modification Rate (EMR) for Workers' Compensation Insurance applicable to the type of work to be performed under the contract (e.g., tunneling, concrete dams, canals) and to the State in which the work is to be performed. In any instance where the State establishes mandatory Workers' Compensation Insurance rates that are applicable to work to be performed under the contract within that State, those rates shall be submitted in lieu of the Contractor's current overall EMR;
(2) A copy of each Log and Summary of Occupational Injuries and Illnesses (Department of
Labor Form OSHA-200), or its equivalent, completed by the Contractor during the 3 calendar years immediately preceding the calendar year in which it receives notice of award; and
(3) The Contractor's death and lost workday severity incidence rate for each of the 3 calendar years immediately preceding the calendar year in which it receives notice of award.
(b) The Contractor shall report any change in its overall EMR for Workers' Compensation Insurance (or to the mandatory State Workers' Compensation Insurance rates, where applicable) to the Contracting Officer within 15 calendar days from the date it receives notice of such change from its insurance carrier or the State Workers' Compensation Fund.
(c) The Contractor shall complete a Department of Labor Form OSHA-200, or its equivalent, for the calendar year in which it receives notice of award and each calendar year thereafter, and submit it to the Contracting Officer by February 15 of the following calendar year.
Solicitation No.
140R3023R0003
Project Title HD VC Exhibit Level and
Page H-2
(d) The Contractor shall calculate its death and lost workday severity incidence rate for the calendar year in which it receives notice of award and each calendar year thereafter, and submit it to the Contracting Officer by February 15 of the following calendar year.
Solicitation No.
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Project Title HD VC Exhibit Level and
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Section I – Contract Clauses
Solicitation No.
140R3023R0003
Project Title HD VC Exhibit Level and
Page I-1
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 this/these address(es): Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar .
In addition, clauses can be identified as follows:
FAR - by the number prefix 52, e.g. 52.252-01, etc.; and
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 Covenant Against Contingent Fees 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
52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 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
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
Section I – Special
Solicitation No.
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Project Title HD VC Exhibit Level and
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52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
JUN 2020
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.216-7 ALT I Allowable Cost and Payment AUG 2018 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-28 Post-Award Small Business Program Re-representation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination--Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related
Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 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 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 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 52.227-1 Authorization and Consent JUN 2020 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance--Work on a Government Installation JAN 1997 52.228-11 Individual Surety - Pledge of Assets FEB 2021 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.228-17 Individual Surety—Pledge of Assets (Bid Guarantee) FEB 2021 52.229-1 State and Local Taxes APR 1984 52.229-3 Federal, State, And Local Taxes FEB 2013 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014 52.232-16 ALT I Progress Payments Alt I (March 2000) NOV 2021 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984
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52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction – Alternate I (APR 1984) FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services OCT 2022 52.246-21 Alt I Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)
(Apr 2012) - Alternate I (Sep 1996)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 1452.203-70 Restrictions on Endorsements - Department of the Interior JUL 1996 1452.204-70 Release of Claims - Department of the Interior JUL 1996
I.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR NOV 2021
Solicitation No.
140R3023R0003
Project Title HD VC Exhibit Level and
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INFORMATION SYSTEMS
(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.
(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.
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Project Title HD VC Exhibit Level and
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(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 products or commercial services, 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.
I.3 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020
(a) Definitions. As used in this clause--
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c)Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
JUN 2020
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Project Title HD VC Exhibit Level and
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(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
I.5 52.225-9 BUY AMERICAN ACT-CONTRUCTION MATERIALS OCT 2022
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
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Project Title HD VC Exhibit Level and
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Domestic construction material means—
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if– (A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.
The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together.
Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.
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