Solicitation_No__140R3025R0010.pdf

Solicitation No. 140R3025R0010 Contract No. TBD Small Business Set-Aside Request for Proposal

Installation of Utility Power Poles at Topock

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2025

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FOREWORD

Solicitation No.

140R3025R0010

Project Title Installation of Utility Power Poles at i

The U.S. Department of the Interior (DOI), Bureau of Reclamation (Reclamation), Lower Colorado Basin, Multi-Species Conservation Program (MSCP), has a requirement for the installation approximately 150 utility poles along a 10.5 mile stretch in and around Topock Marsh, in Mohave County, Arizona.

This acquisition is being procured under Federal Acquisition Regulation Part 15, Contracting by Negotiation and Part 36, Construction and Engineering Contracts. 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.

This requirement will be issued as a 100% small business set-aside. The North American Industry Classification System (NAICS) Code assigned to this project is 237130, Power and Communication Line and Related Structures Construction with a corresponding small business size standard of $45M.

MAGNITUDE OF CONSTRUCTION PROJECTS: Per Reclamation Acquisition Regulation (RAR) – WBR 4126.204 - 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 March 27, 2025, at 10:00 a.m. Arizona Time. All parties will meet at the Topock 66 parking lot located at 14999 Historic Rte 66, Topock, AZ 76436.

Contact Diane Rodriguez, Contract Specialist at DLRodriguez@usbr.gov if you intend to attend the site visit by no later than March 26, 2025, at 10:00 a.m. Pacific Time. 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 Diane Rodriguez at DLRodriguez@usbr.gov no later than March 31, 2025, at 1:00 p.m. Pacific Time. 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.

OTHER NOTES TO OFFERORS: For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" 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.”

mailto:DLRodriguez@usbr.gov http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Solicitation No.

140R3023R0003

Project Title Installation of Utility Power Poles at ii

TABLE OF CONTENTS Solicitation No.

Project Title Installation of Utility Power Poles at i

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.3 Price Schedule B-2

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 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements –

Internet Payment Platform G-1

G.3 1452.201-80 Contracting Officer’s Representative Authorities and Limitations - Bureau of Reclamation

G-3

SECTION H - Special Contract Requirements H-1

H.1 DOI-AAAP-0050 Contractor Performance Assessment Reporting System, H-1 H.2 WBR 1452.242-80 Postaward Conference -- Bureau of Reclamation 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 52.203-14 Display of Hotline Poster(s) I-3 I.3 52.222-35 Equal Opportunity for Veterans I-4 I.4 52.222-36 Equal Opportunity for Workers with Disabilities I-4 I.5 52.225-9 Buy American Act-Construction Materials I-5 I.6 52.236-1 Performance of Work by the Contractor I-9 I.7 Other Contracts I-9 I.8 52.252-6 Authorized Deviations in Clauses I-10 I.9 1452.203-70 Restrictions on Endorsements – Department of the Interior I-10

I.10 1452.204-70 Release of Claims – Department of the Interior I-10 I.11 1452.228-70 Liability Insurance -- Department of the Interior I-10

Project Title Installation of Utility Power Poles at Topock iv

I.12 1452.223-81 Safety and Health – Bureau of Reclamation I-12 I.13 WBR 1452.232-81 Payment for Mobilization and Preparatory Work --

Bureau of Reclamation I-12

I.14 WBR 1452.236-84 Preservation of Cultural Resources – Bureau of Reclamation

I-13

I.15 WBR 1452.237-80 Security Requirements--Bureau of Reclamation I-15 I.16 WBR 1452.243-80 Modification Proposals--Bureau of Reclamation I-22

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 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment K-5

K.5 52.209-5 Certification Regarding Responsibility Matters K-9 K.4 52.209-7 Information Regarding Responsibility Matters K-7 K.5 52.209-13 Violation of Arms Control Treaties or Agreements-Certification K-9

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 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

L-4

L.6 52.225-12 Alt II Notice of Buy American Act Requirement-Construction Materials Under Trade Agreements

L-5

L.7 52.228-1 Bid Guarantee L-6 L.8 52.236-27 Alt I Site Visit (Construction) - Alternate I

(Feb 1995) L-7

L.9 52.252-5 Authorized Deviations in Provisions L-7 L.10 1452.215-70 Examination of Records by the Department of the Interior L-7 L.11 1452.233-2 Service of Protest Department of The Interior (Jul 1996)

(Deviation) L-7

L.12 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior

L-8

L.13 1452.215-81 Proposal Instructions -- Bureau of Reclamation L-9 L.14 1452.236-85 Instruction for Mobilization and Preparatory Work Schedule

Line Item --Bureau of Reclamation L-19

Project Title Installation of Utility Power Poles at iii

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

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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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

Bureau of Reclamation

Lower Colorado Region

Regional Office 500 Fir Street

R30

Boulder City NV 89005

Bureau of Reclamation

Attention: Diane Rodriguez (LC-1023)

500 Date Street Boulder City, NV 89005

Diane Rodriguez 7022938368

1x

140R3025R0010

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Title: Installation of Utility Power Poles at Topock

The magnitude of this construction project is estimated to be between $1,000,000 and

$5,000,000.

This solicitation is 100% set-aside for small business concerns.

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

14 240 calendar days and complete it within ________________ ________________ calendar days after receiving

F.2 FAR 52.211-10

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

Bureau of Reclamation Lower Colorado Region

Regional Office 500 Fir Street

R30

Boulder City NV 89005

Nicholas Clements

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R3025R0010

00010 Power Line Installation at Topock

Product/Service Code: Y1MZ

Product/Service Description: CONSTRUCTION OF EPG

FACILITIES - OTHER, INCLUDING TRANSMISSION

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

Sponsored by GSA

FAR (48 CFR) 53.110

Continuation of Section B – Supplies or Services and Prices/Costs

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

(c) Failure to complete Price Schedule will result in an incomplete offer that will not be considered.

(d) Offerors are cautioned to carefully review the proposal submission requirements contained in Section L. Failure to comply with these requirements may result in an offer being determined technically unacceptable.

(e) The contract will be awarded to the4 offeror as detailed in Sections L and M.

(f) Definitions:

(1) CLIN: Contract Line-Item Number

(2) LS: Lump Sum

(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.

Section B – Supplies or Services and Prices

Solicitation No.

140R3025R0010

Project Title Pumping Station at Topock Marsh

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B.2 PRICE SCHEDULE

CLIN Supplies/Services QTY Unit Unit Price

Extended Amount

0001 Bonds and Insurance 1 ls

0021 Mobilization/Preparatory Work 1 ls $

0003 Class 4, 35-foot Pole and appurtenances 1 ea $ $

0004 Class H4, 50-foot Ductile Poles and appurtenances 39 ea $ $

Class 1, 50-foot Ductile Poles and appurtenances (installation of poles and appurtenances only)

112 ea $ $

0006 3-Phase Pad-mounted Transformers and appurtenances 2 ea $ $

0007 1-Phase Pad-mounted Transformer and appurtenances 1 ea $ $

0008 3-Phase 25KVA Pole-mounted Transformer Bank (Bank of 3) 1 ea $ $

0009 14.4/24.9KVA Distribution Line 1 ls $

0010 Testing, Energizing, and Demobilization 1 ls $

Total Price $

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 the following address:

Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far

The following clauses are hereby incorporated by reference:

Clause Title Date 52.246-12 Inspection of Construction AUG 1996 https://www.acquisition.gov/browse/index/far

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 the following address:

52.211-18 Variation in Estimated Quantity APR 1984 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 calendar 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 240 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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Section G – Contract Administration Data

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SECTION G – CONTRACT ADMINSTRATION DATA

G.1 WBR 1452.201-70 AUTHORITIES AND DELEGATIONS –

DEPARTMENT OF THE INTERIOR

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 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INTERNET PAYMENT

PLATFORM (IPP)

FEB 2021

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

1. "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

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Page G-2 contracts. The IPP website address is: https://www.ipp.gov. However, the contractor must submit an electronic copy of the IPP invoice along with the following: copies of certified payroll, subcontractor/supplier payment summary; and any additional documentation to substantiate each progress payment request and as required by the Contracting Officer’s Representative or Contracting Office. Documents must be emailed to the to the Contract Specialist at DLRodriguez@usbr.gov for approval before the invoice is submitted into IPP.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: None.

Prior to submitting an invoice to IPP, the contractor is strongly encouraged to coordinate with the designated Contracting Officer's Representative (COR), for review and verification of any measured quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.

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

When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.

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

Construction Invoice Monthly Certificate of Labor Conformance Subcontractor / Supplier Payment Summary

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

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ https://www.ipp.gov/ mailto:DLRodriguez@usbr.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

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G.3 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;”

(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

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(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.”

Section H – Special Contract Requirements

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DOI-AAAP-0050 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 contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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/

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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.

(End of Local Clause)

H.2 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 virtually via Microsoft Teams.

(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.

Section I – Contract Clauses

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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 address:

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

NOV 2023

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 52.204-10 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

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 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

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52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data and data Other Than

Certified Cost or Pricing Data

NOV 2021

52.215-21 Requirements for Certified Cost or Pricing Data and data Other Than Certified Cost or Pricing Data-Modifications

NOV 2021

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Alt II Small Business Subcontracting Plan NOV 2016 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 52.222-21 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 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024 52.227-1 Authorization and Consent JUN 2020 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety - Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Request for Bonds DEC 2022 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 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014

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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 MAR 2023 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 52.236-15 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 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.240-1 Prohibition on Unmanned Aircraft Systems or Assembled by American

Security Drone Act-Covered Foreign Entities

NOV 2024

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services NOV 2024 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering--Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price)

(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

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) NOV 2021

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

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(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

U.S Department of the Interior Office of Inspector General Downloadable hotline posters are available at Hotline Poster for print (doioig.gov)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

I.3 52.219-14 LIMITATIONS ON SUBCONTRACTING DEVIATION

(OCT 2022

OCT 2022

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in

19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

https://www.doioig.gov/sites/default/files/media/document/2022-07/Hotline%20Poster%20for%20print_FINAL508.pdf

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(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in…