Amendment 0002 to Solicitation R10PS20114
SECTION B - SUPPLIES OR SERVICES AND PRICES
FOLSOM DAM
SAFETY OF DAMS MODIFICATION
MIAD KEY-BLOCK CONSTRUCTION
American River Division – Folsom Unit
Central Valley Project
California
B.1 GENERAL
a) This is a firm fixed-price construction contract.
b) The Contractor shall, except as otherwise noted, provide all necessary labor, equipment,
materials, supplies, transportation, travel, and per diem necessary to perform the attached
Specifications No. 20-C0754.
B.2 SCHEDULE INFORMATION
a) Offers will be considered for award based upon the total of Schedules 1 and 2, but no offer will
be considered for award on only part of the schedules. Only Schedule 1 will be awarded initially.
Award of Schedule 2 will be contingent upon the successful performance of Schedule 1. Offers
for less than the total of Schedules 1 and 2 will be considered nonresponsive and will not be
evaluated for award.
b) All offers are subject to the terms and conditions of this solicitation.
c) The quantities in the CLINS, except for CLINS where the quantity is ―For the lump sum of‖ are
estimated quantities for comparison of offers only and except as provided in the contract clause at
FAR 52.211-18, Variation in Estimated Quantity, no claim shall be made against the Government
for overruns or underruns.
d) See the contract clause at WBR 1452.232-81, Payment for Mobilization and Preparatory Work, for
CLINs 1 and 2.
e) Definitions:
(1) CLIN – Contract Line Item Number.
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Amendment 0002 to Solicitation R10PS20114
SCHEDULE 1 – Test Section Portion of Key-Block
CLIN Section Supplies or Services Quantity and Unit Price Amount
Unit
1-1 WBR Mobilization and preparatory For the lump sum of $
1452.232- work for Test Section
81
3
1-2 03 33 00 Lean Concrete for Test Section 3,900 yd $ $
1-3 31 02 10 Dust Abatement For the lump sum of $
1-4 31 03 33 Removal and Control of Water For the lump sum of $
3
1-5 31 23 16 Common Excavation for 21,800 yd $ $
Embankment
3
1-6 31 23 16 Common Excavation for Key- 8,200 yd $ $
Block for Test Section
3
1-7 31 23 16 Excavation for Wetland 2,000 yd $ $
Material
3
1-8 31 23 16 Excavation for Drain Zone, 30,000 yd $ $
Cobble Drain, and Waste Soil
Material
3
1-9 31 23 46 Select Backfill for Test Section 4,300 yd $ $
1-10 31 41 00 Excavation Support and For the lump sum of $
Protection for Key-Block Test
Section
2
1-11 32 92 20 Erosion Control Blankets for 9,100 yd $ $
Excavated Slope on Dam
TOTAL FOR SCHEDULE 1 $_________________
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Amendment 0002 to Solicitation R10PS20114
OPTIONAL SCHEDULE 2
CLIN Section Supplies or Services Quantity and Unit Price Amount
Unit
2-1 WBR Mobilization and preparatory For the lump sum of $
1452.232- work for Remaining Portion of
81 Key-Block
3
2-2 03 33 00 Lean Concrete for Remaining 60,300 yd $ $
Portion of Key-Block
2-3 31 02 10 Dust Abatement For the lump sum of $
2-4 31 03 33 Removal and Control of Water For the lump sum of $
3
2-5 31 23 16 Common Excavation for Key- 125,700 yd $ $
Block for Remaining Portion of
Key-Block
3
2-6 31 23 46 Backfill for Wetlands 10,000 yd $ $
3
2-7 31 23 46 Select Backfill for Key-Block for 65,400 yd $ $
Remaining Portion of Key-
Block
2-8 31 41 00 Excavation Support and For the lump sum of $
Protection for Remaining
Portion of Key-Block
TOTAL FOR SCHEDULE 2 $_________________
TOTAL FOR SCHEDULES 1 and 2 $_________________
END OF SCHEDULES
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Amendment 0002 to Solicitation R10PS20114
SECTION I - CONTRACT CLAUSES
52.252-02 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):
http://www.arnet.gov/far (FAR 52.XXX-XX formatted clauses)
http://www.doi.gov/pam/aindex.html (DIAR 1452.XXX-XX)
Clause Title Date
1452.203-70 Restriction on Endorsements - Department of the Interior JUL 1996
1452.215-70 Examination of Records by the Department of the Interior APR 1984
52.202-01 Definitions JUL 2004
52.203-03 Gratuities APR 1984
52.203-05 Covenant Against Contingent Fees APR 1984
52.203-07 Anti-Kickback Procedures JUL 1995
52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal JAN 1997
or Improper Activity
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997
52.203-12 Limitation on Payments to Influence Certain Federal SEP 2007
Transactions
52.204-04 Printing/Copying Double-Sided on Recycled Paper AUG 2000
52.204-07 Central Contractor Registration APR 2008
52.204-09 Personal Identity Verification of Contractor Personnel SEP 2007
52.209-06 Protecting the Government’s Interest When Subcontracting
with Contractors Debarred, Suspended, or Proposed for SEP 2006
Debarment
52.215-02 Audit and Records - Negotiation MAR 2009
52.215-08 Order of Precedence - Uniform Contract Format OCT 1997
52.215-11 Price Reduction for Defective Cost or Pricing Data – OCT 1997
Modifications
52.215-13 Subcontractor Cost or Pricing Data – Modifications OCT 1997
52.215-15 Pension Adjustments and Asset Reversions OCT 2004
52.215-18 Reversion or Adjustment of Plans for Postretirement JUL 2005
Benefits (PRB) Other Than Pensions
52.215-21 Requirements for Cost or Pricing Data or Information Other OCT 1997
Than Cost or Pricing Data – Modifications
52.219-04 Notice of Price Evaluation Preference for HUBZone Small JUL 2005
Business Concerns
52.219-08 Utilization of Small Business Concerns MAY 2004
52.219-09 Small Business Subcontracting Plan APR 2008
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Amendment 0002 to Solicitation R10PS20114
52.219-14 Limitations on Subcontracting DEC 1996
52.219-16 Liquidated Damages – Subcontracting Plan JAN 1999
52.219-28 Post-Award Small Business Program Representation APR 2009
52.222-01 Notice to the Government of Labor Disputes FEB 1997
52.222-03 Convict Labor JUN 2003
52.222-04 Contract Work Hours and Safety Standards Act - Overtime
Compensation JUL 2005
52.222-06 Davis-Bacon Act JUL 2005
52.222-07 Withholding of Funds FEB 1988
52.222-08 Payrolls and Basic Records FEB 1988
52.222-09 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) JUL 2005
52.222-12 Contract Termination – Debarment FEB 1988
52.222-13 Compliance with Davis-Bacon and Related Act Regulations FEB 1988
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility FEB 1988
52.222-21 Prohibition of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-27 Affirmative Action Compliance Requirements for FEB 1999
Construction
52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans SEP 2006
of the Vietnam Era, and Other Eligible Veterans
52.222-36 Affirmative Action For Workers with Disabilities JUN 1998
52.222-37 Employment Reports on Special Disabled Veterans, SEP 2006
Veterans of the Vietnam Era, and Other Eligible Veterans
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification JAN 2009
52.223-03 Alt I Hazardous Material Identification and Material Safety Data JUL 1995
(JAN 1997) - Alternate I
52.223-05 Pollution Prevention and Right-to-Know Information AUG 2003
52.223-06 Drug Free Workplace MAY 2001
52.223-14 Toxic Chemical Release Reporting AUG 2003
52.225-05 Trade Agreements AUG 2009
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-01 Authorization and Consent DEC 2007
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52.227-04 Patent Indemnity - Construction Contracts DEC 2007
52.228-02 Additional Bond Security OCT 1997
52.228-05 Insurance - Work on a Government Installation JAN 1997
52.228-11 Pledges of Assets SEP 2009
52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995
52.228-14 Irrevocable Letter of Credit DEC 1999
52.228-15 Performance and Payment Bonds - Construction NOV 2006
52.229-03 Federal, State And Local Taxes APR 2003
52.232-05 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-16 Progress Payments APR 2003
52.232-17 Interest OCT 2008
52.232-23 Assignment Of Claims JAN 1986
52.232-27 Prompt Payment for Construction Contracts OCT 2008
52.232-33 Payment by Electronic Funds Transfer - Central Contractor OCT 2003
Registration
52.233-01 Alt I Disputes Alt I JUL 2002
52.233-03 Protest After Award AUG 1996
52.233-04 Applicable Law For Breach Of Contract Claim OCT 2004
52.236-02 Differing Site Conditions APR 1984
52.236-03 Site Investigation and Conditions Affecting the Work APR 1984
52.236-05 Material and Workmanship APR 1984
52.236-06 Superintendence by the Contractor APR 1984
52.236-07 Permits and Responsibilities NOV 1991
52.236-09 Protection of Existing Vegetation, Structures, Equipment, APR 1984
Utilities, and Improvements
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 Alt I Accident Prevention (NOV 1991) – Alternate I 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 (FEB 1997) – APR 1984
Alternate I
52.242-13 Bankruptcy JUL 1995
52.243-04 Changes JUN 2007
52.244-06 Subcontracts for Commercial Items AUG 2009
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Amendment 0002 to Solicitation R10PS20114
52.246-21 Warranty of Construction MAR 1994
52.248-03 Value Engineering – Construction SEP 2006
52.249-02 Alt I Termination for Convenience of the Government (Fixed-
Price) (MAY 2004) – Alternate I SEP 1996
52.249-10 Alt II Default (Fixed-Price Construction) (APR 1984) – Alternate II APR 1984
52.253-01 Computer Generated Forms JAN 1991
1452.203-70 RESTRICTIONS ON ENDORSEMENTS-DEPARTMENT OF THE INTERIOR JUL 1996
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial
advertising, as defined in FAR 31.205-1, in a manner which states or implies that the
product or service provided is approved or endorsed by the Government, or is considered by the
Government to be superior to other products or services. This restriction is intended to avoid the
appearance of preference by the Government toward any product or service. The Contractor may request
the Contracting Officer to make a determination as to the propriety of promotional material.
1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF THE INTERIOR JUL 1996
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer
with a release of claims against the United States relating to this contract. The Release of Claims form
(DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation
of the release.
1452.225-70 USE OF FOREIGN CONSTRUCTION MATERIALS- JUL 1996
DEPARTMENT OF THE INTERIOR
(a) The Government has determined that the Buy American Act is not applicable to the following
construction materials because they are not mined, produced, or manufactured in the U.S. in sufficient
quantities of a satisfactory quality:
NONE
(b) Offers based on the use of foreign construction materials other than those listed in (a) above may be
acceptable if the Government determines that U.S. construction material is not available, would be
impracticable or constitute an unreasonable price. Please contact the contracting officer with questions or
comments concerning non-availability or impracticability of U.S. material.
(c)(1) Offers based upon use of foreign construction material for cost savings will be considered
reasonable if the cost of each foreign construction material, plus 6 percent, is less than the cost of each
comparable U.S. construction material. The Contracting Officer shall compute the cost of each foreign
construction material to include all delivery costs to the construction site, and any applicable duty (whether
or not a duty-free entry certificate is issued.) This evaluation shall be made for each foreign construction
material included in the offer, but not listed in subparagraph (a) above in this clause.
(2) Any contractor cost savings from post-award approval to substitute foreign construction material for
U.S. construction material shall be passed on to the Government.
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Amendment 0002 to Solicitation R10PS20114
(d)(1) This offer is based on the use of foreign construction material not listed in (a) above. For each
foreign item proposed the offeror shall furnish the following information for the foreign material offered:
item description, supplier, unit of measure, quantity, unit price, duty (even if a duty free certificate is
issued), delivery costs, and total price and shall also identify information on a U.S. item comparable to the
foreign item including: supplier, unit of measure, quantity, unit price, delivery costs and total price.
(2) If the Government rejects the use of foreign construction material listed under paragraph (d)(1)
above, the Government will evaluate the Contractor's offer using the offeror's stated price for the
comparable U.S. construction material, and the offeror shall be required to furnish such domestic
construction material at the Contractor's originally offered price. In preaward situations, an offer which
does not state a price for a comparable U.S. construction material will be rejected by the Government.
In postaward situations an offer proposing foreign material which does not state the price for the
comparable U.S. construction material will be rejected by the Government. The Contractor shall use
comparable U.S. material for the project and any additional cost for the use of this U.S. material shall
be absorbed by the Contractor.
1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR JUL 1996
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof
liability insurance in form satisfactory to the Contracting Officer by an insurance company which is
acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor
and the United States of America. The amounts of the insurance shall be not less than as follows:
$100,000 each person
$500,000 each occurrence
$ 20,000 property damage
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall
provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation
or termination of the policy or certificate; or modification of the policy or certificate which may adversely
affect the interest of the Government in such insurance. The certificate shall identify the contract number,
the name and address of the Contracting Officer, as well as the insured, the policy number and a brief
description of contract services to be performed. The contractor shall furnish the Contracting Officer with a
copy of an acceptable insurance certificate prior to beginning the work.
1452.237-70 INFORMATION COLLECTION – DEPARTMENT OF THE JUL 1996
INTERIOR
If performance of this contract requires the contractor to collect information on identical items from ten or
more public respondents, no action shall be taken or funds expended in the solicitation or collection of
such information until the contractor has received from the Contracting Officer written notification that
approval has been obtained from the Office of Management and Budget (OMB) pursuant to the
Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the
Contracting Officer which is necessary to obtain approval from OMB.
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997
(a) The Contractor shall make the following notifications in writing:
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Amendment 0002 to Solicitation R10PS20114
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to
occur, that could result in changes in the valuation of its capitalized assets in the accounting records,
the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or
any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall --
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or
amortization, and remaining useful lives are identified accurately before and after each of the
Contractor’s ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset
records maintained before each Contractor ownership change.
(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that
meet the applicability requirement of FAR 15.408(k).
52.217-7 OPTION FOR INCREASED QUANTITY —SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an
option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise
the option by written notice to the Contractor based on the following factors:
Following the completion of the placement of the lean concrete in Schedule A, the Government
will evaluate the performance of all work in Schedule A with particular emphasis on the following:
1) Performance of the excavation support and protection, 2) removal and control of water, 3)
execution of the excavation and preparation of final foundation surface, and 4) placement of the
lean concrete. The Government will make a determination as to whether to award Schedule B
within 21 days from the final placement of the lean concrete in Schedule A.
Delivery of added items shall continue at the same rate that like items are called for under the contract,
unless the parties otherwise agree.
52.225-11 BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS
AUG 2009
(a) Definitions. As used in this clause—
―Caribbean Basin country construction material‖ means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another
country, has been substantially transformed in a Caribbean Basin country into a new and different
construction material distinct from the materials from which it was transformed.
―Commercially available off-the-shelf (COTS) item‖—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
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Amendment 0002 to Solicitation R10PS20114
(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 section 3 of the Shipping Act of 1984 (
46 U.S.C. App. 1702), such as agricultural products and petroleum products.
―Component‖ means an article, material, or supply incorporated directly into a construction material.
―Construction material‖ means an article, material, or supply brought to the construction site by the
Contractor or 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.
―Designated country‖ means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso,
Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti,
East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos,
Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda,
Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo,
Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British
Virgin Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and
Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).
―Designated country construction material‖ means a construction material that is a WTO GPA country
construction material, an FTA country construction material, a least developed country construction
material, or a Caribbean Basin country construction material.
―Domestic construction material‖ means—
(1) An unmanufactured construction material mined or produced in the United States;
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Amendment 0002 to Solicitation R10PS20114
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50
percent of the cost of all its components. Components of foreign origin of the same class or kind for which
nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
―Foreign construction material‖ means a construction material other than a domestic construction
material.
―Free Trade Agreement country construction material‖ means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of a construction material that consists in whole or in part of materials from another
country, has been substantially transformed in a FTA country into a new and different construction
material distinct from the materials from which it was transformed.
―Least developed country construction material‖ means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another
country, has been substantially transformed in a least developed country into a new and different
construction material distinct from the materials from which it was transformed.
―United States‖ means the 50 States, the District of Columbia, and outlying areas.
―WTO GPA country construction material‖ means a construction material that—
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another
country, has been substantially transformed in a WTO GPA country into a new and different construction
material distinct from the materials from which it was transformed.
(b) Construction materials.
(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for
domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy
American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition,
the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to
this acquisition. Therefore, the Buy American Act restrictions are waived for designated county
construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing
this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or
components listed by the Government as follows: NONE
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3)
of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular
domestic construction material subject to the restrictions of the Buy American Act is unreasonable when
the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material
would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American Act.
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Amendment 0002 to Solicitation R10PS20114
(1)(i) Any Contractor request to use foreign construction material in accordance with
paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the
request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in
accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and
any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why
the Contractor could not reasonably foresee the need for such determination and could not have
requested the determination before contract award. If the Contractor does not submit a satisfactory
explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American Act
applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting
Officer will modify the contract to allow use of the foreign construction material. However, when the basis
for the exception is the unreasonable price of a domestic construction material, adequate consideration is
not less than the differential established in paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American Act applies, use of
foreign construction material is noncompliant with the Buy American Act.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable
cost, the Contractor shall include the following information and any applicable supporting data based on
the survey of suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
Construction Material Description Unit of Quantity Price
Measure (Dollars)*
Item 1:
Foreign construction material _______ _______ _______
Domestic construction material _______ _______ _______
Item 2:
Foreign construction material _______ _______ _______
Domestic construction material _______ _______ _______
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if
oral, attach summary.]
[Include other applicable supporting information.]
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Amendment 0002 to Solicitation R10PS20114
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free
entry certificate is issued).]
52.228-01 BID GUARANTEE SEP 1996
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids,
may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by
good and sufficient surety or sureties acceptable to the Government, postal money order, certified check,
cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or
notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any
necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is
less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for
acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after
receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work
that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984
The Contractor shall perform on the site, and with its own organization, work equivalent to at least _15
percent of the total amount of work to be performed under the contract. This percentage may be reduced
by a supplemental agreement to this contract if, during performing the work, the Contractor requests a
reduction and the Contracting Officer determines that the reduction would be to the advantage of the
Government.
52.236-8 OTHER CONTRACTS (DEVIATION) APR 1984
The Government may undertake or award other contracts for additional work at or near the site of the work
under this contract. The Contractor shall fully cooperate with the other contractors and with Government
employees and shall carefully adapt scheduling and performing the work under this contract to
accommodate the additional work, heeding any direction that may be provided by the Contracting Officer.
The Contractor shall not commit or permit any act that will interfere with the performance of work by any
other contractor or by Government employees.
The following other contract work is anticipated to be performed at or near the site of this contract:
Contractor shall be notified if any other work will be taking place at or near the site of this contract
after award of the contract.
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Amendment 0002 to Solicitation R10PS20114
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2009
(a) Definitions. As used in this clause—
―Commercial item‖ has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
―Subcontract‖ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of
the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors
at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be
supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title
VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period
of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation
of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the
Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of
2009 (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), if
the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212(a));
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(vii) [Reserved]
(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of
FAR clause 52.247-64).
(2) While not required, the Contractor may flow down to subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts
awarded under this contract.
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause
with an authorized deviation is indicated by the addition of ―(DEVIATION)‖ after the date of the clause.
(b) The use in this solicitation or contract of any Department of the Interior or Bureau of Reclamation (48
CFR Chapter 5) clause with an authorized deviation is indicated by the addition of ―(DEVIATION)‖ after the
name of the regulation.
WBR AUTHORITIES AND LIMITATIONS – BUREAU OF RECLAMATION JUL 1993
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Amendment 0002 to Solicitation R10PS20114
1452.201-80
(a) All work shall be performed under the authority exercised by the Contracting Officer who has been
appointed in accordance with the requirements of the Department of the Interior Acquisition Regulation
(DIAR) 1401.603 (48 CFR 1401.603).
(b) The Contracting Officer may designate other Government employees to act as authorized
representatives in administering this contract in accordance with the requirements of DIAR 1401.670 (48
CFR 1401.670). Any designation shall be made to the authorized representative by an appointment
memorandum signed by the Contracting Officer which contains the scope and limitations of authority
delegated for purposes of administering this contract. A copy of the memorandum, and any revisions to it,
shall be provided to the Contractor which shall acknowledge receipt.
(c) The Contractor shall, without unnecessary delay, comply with any written or oral direction of the
contracting officer or authorized representative(s) acting within the scope and authority of their
appointment memorandum. Such orders or direction include, but are not limited to, instructions,
interpretations, approvals, or rejections associated with work under this contract including requirements
for submission of technical data, shop drawings, samples, literature, plans, or other data required to be
approved by the Government under this contract.
(d)(1) If the Contractor receives direction for work under this contract (including any written or oral orders it
regards as a change order under the Changes clause of this contract) and it considers such direction to
have been issued without proper authority (including instances where it believes delegated authority has
been exceeded), it shall not proceed with the direction and shall notify the Contracting Officer within five
(5) working days of receipt of the direction. On the basis of the most accurate information available to the
Contractor, the notice shall state--
(i) The date, nature, and circumstances of the direction received;
(ii) The name, function, and activity of each Government individual and Contractor official or
employee involved in or knowledgeable about such direction;
(iii) The identification of any documents and the substance of any oral communication involved in
such direction;
(iv) The contract line items or other contract requirements that may be affected by the alleged
direction including any suspected delays or disruption of performance; and
(v) Any other information considered pertinent.
(2) Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and
consequences of performing any work it is directed to perform under this paragraph prior to receipt of
the Contracting Officer's determination issued under paragraph (e) of this clause.
(e) The Contracting Officer shall promptly, after receipt of any notice made under paragraph (d) of this
clause, respond to the notice in writing. The response shall --
(1) Confirm that the direction contained in the Contractor's notice was unauthorized and either
authorize it by appropriate contract modification or countermand it;
(2) Deny that the direction contained in the Contractor's notice was outside the scope and limitations of
the authority of the authorized representative who gave the direction and direct the Contractor to
proceed immediately with the direction received or, when necessary, direct the mode of further
performance; or
(3) In the event the information contained in the Contractor's notice is inadequate to make a decision
under subparagraphs (e)(1) or (2) of this clause, advise the Contractor what additional information is
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Amendment 0002 to Solicitation R10PS20114
required, and establish the date by which it should be furnished and the date thereafter by which the
Government will respond.
(f) 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.
WBR PROHIBITION ON RELEASE OF INFORMATION - JUL 1997
1452.209-82 BUREAU OF RECLAMATION
(a) The Contractor shall not disclose information pertaining to the services performed under this contract
to anyone other than Government or other personnel authorized by the Contracting Officer. The
Contractor agrees that it will protect any information obtained from other companies during the
performance of this contract from unauthorized use or disclosure for as long as the information remains
proprietary and shall refrain from using such information for any purpose other than that for which it was
furnished.
(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in
the performance of the contract, each individual or firm shall be required to furnish the same written
certification.
(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that
being performed by the Contractor, terms that shall conform substantially to the language of this clause,
including this paragraph (c).
WBR ASBESTOS-FREE WARRANTY – BUREAU OF RECLAMATION OCT 1992
1452.223-80
(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of
asbestos in any form whatsoever except for the use of asbestos cement pipe.
(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when
an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon
as possible after the contractor determines that an asbestos-free product is not available. Contracting
Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of
this contract.
WBR SAFETY AND HEALTH – BUREAU OF RECLAMATION MAY 2005
1452.223-81
(a) The Contractor shall not require any person employed in the performance of this contract (including
subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's
health or safety.
(b) In addition to the requirements of the Accident Prevention clause of this contract, the Contractor shall
comply with the Bureau of Reclamation "Reclamation Safety and Health Standards" (RSHS) (Revised
2009) manual. Some contracts may not contain the Accident Prevention clause, e.g., those formed under
simplified acquisition procedures. Even if the Accident Prevention clause is not part of this contract, the
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Amendment 0002 to Solicitation R10PS20114
Contractor must still comply with the Reclamation RSHS manual.
(c) (1) The Contractor may obtain the safety and health standards as referenced in subparagraph (b)(2) of
the Accident Prevention clause from any regional or area office of the Occupational Safety and Health
Administration, U.S. Department of Labor.
(2) The RSHS manual as referenced in subparagraph (b) above is available at the following website:
http://www.usbr.gov/safety/RSHS/rshs.htm
(d) The Contractor shall submit a written proposed safety program in the form and time intervals
prescribed in section 3 of the RSHS manual and amendments or revisions thereto in effect on the date of
the solicitation.
(e) In addition to any other provisions in the contract, the Contractor shall comply with all safety and
material data submittal requirements contained in the RSHS manual and revisions thereto.
(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or
authorized representative) in the manner prescribed by the Contracting Officer, all cases of death,
occupational diseases, or traumatic injury to employees or the public involved, and property damage in
excess of $2,500 occurring during performance of work under this contract.
(g) The rights and remedies of the Government provided in this clause are in addition to any other rights
and remedies provided by law or under this contract.
(h) In the event there is a conflict between the requirements contained in any of the safety documents
referenced herein, the more stringent requirement shall prevail.
WBR PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC DEC 2009
1452.223-82 FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL
WORKPLACE – BUREAU OF RECLAMATION
(a) In performing work under this contract, the contractor shall comply with the requirements of Executive
Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space
owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas
under executive branch control in front of air intake ducts.
(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December
22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on
outdoor space under the jurisdiction, custody or control of GSA.
WBR CERTIFICATION OF REPRESENTATIVES FOR CORPORATE SEP 1996
1452.228-84 SURETIES – BUREAU OF RECLAMATION
Each surety company bond, that purports to have been executed by an agent or attorney-in-fact for the
corporate surety, shall --
(1) be accompanied by a power of attorney to the signatory agent or attorney-in-fact; and
(2) the power of attorney or attorney-in-fact shall have been executed by the corporate surety upon a
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Amendment 0002 to Solicitation R10PS20114
date prior to the date of the execution of the bond; or
(3) be accompanied by a certification of the sureties to the effect that the power of attorney was in full
force and effect upon the date of the bond.
WBR EQUIPMENT OWNERSHIP AND OPERATING EXPENSES - JUL 1998
1452.231-81 BUREAU OF RECLAMATION
(a) Definitions. "Acquisition cost," as used in this clause means, the Contractor's original purchase price
(including sales tax less salvage value) of an item of equipment including any and all accessories and
expendable components required for utilization the item of equipment. For used equipment which is
reconditioned and recapitalized, "acquisition cost" shall mean the adjusted amount resulting from the
recapitalized value of the equipment as determined from the Contractor's accounting records.
"Equipment," as used in this clause, means equipment in sound workable condition at the construction
work site, either owned or controlled by the Contractor or its subcontractors at any tier, or obtained from a
commercial rental source, and furnished for use under this contract.
"Ownership cost," as used in this clause, means allowances for construction equipment depreciation and
cost of facilities capital.
"Operating cost," as used in this clause, means the cost of operating equipment such as operating crew
labor, servicing labor and equipment, labor and parts for all repairs and maintenance, fuel, oil, grease,
supplies, tire wear and repair.
(b) Policy. Equitable adjustments made in the price of this contract pursuant to the Changes, Differing Site
Condition, Suspension of Work, or other clause of the contract, may include allowable ownership and
operating costs for equipment. In accordance with FAR 31.105(d), allowable ownership and operating
costs for each piece of equipment, or groups of similar serial or series equipment, shall be determined
using actual cost data when such data are available from the Contractor's accounting records. When
actual costs cannot be so determined or when actual cost data for a specific element of operating cost do
not contain costs for individual pieces or types of equipment, the procedures in paragraph (d) of this
clause shall be used to determine allowable costs (provided, in the case of operating costs, that the costs
are reconciled to the Contractor's total cost for that operating element). For fully depreciated equipment,
the procedures in paragraph (e) of this clause shall be used to determine allowable costs.
(c) Required data. In any request made for an equitable adjustment, the Contractor shall furnish to the
Contracting Officer --
(1) A complete description of each item of equipment (including all accessory equipment attached
thereto) to be used in connection with the work to be performed listing the date of manufacture, date of
acquisition, make, model, size, capacity, mounting, and type of power;
(2) Evidence of the acquisition cost of new or used equipment to be used including all available current
and historical supporting cost data. If evidence of acquisition cost is not provided by the Contractor or if
the data provided are unacceptable to the Contracting Officer, the Contracting Officer may determine
the acquisition cost by other appropriate means.
(d) Use of the predetermined rate schedule.
(1) When the Contracting Officer determines that allowable ownership and operating costs cannot be
determined from the Contractor's accounting records, the U.S. Army Corps of Engineers pamphlet
entitled "Construction Equipment Ownership and Operating Expense Schedule" (Schedule) for the
State in which the construction site is located shall be used to calculate ownership and operating rates.
Copies of the Schedules can be obtained, free of charge, from the U.S. Army Corps of Engineers,
Publications Depot, 2803 52nd Avenue, Hyattsville, MD 20781-1102.
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Amendment 0002 to Solicitation R10PS20114
(2) For the purpose of determination of the hourly rates to be applied under this contract, working
conditions shall be considered average, unless otherwise determined by the Contracting Officer.
(3) Rates for equipment not listed in the Schedule shall be calculated using the formulas in the
Schedule. Alternatively, the Contracting Officer may determine to use rates in the Schedule for
equipment comparable to the unlisted equipment, including horsepower and auxiliary features.
(e) Fully depreciated equipment. No depreciation or rental cost shall be allowed on equipment fully
depreciated by the Contractor or by any division, subsidiary, parent company, or affiliate under common
control. However, a reasonable rate for using fully depreciated equipment may be allowed by the
Contracting Officer. Unless otherwise determined by the Contracting Officer, such hourly rate shall not
exceed a value computed by multiplying the depreciation rate for the equipment (as shown in the
Schedule table entitled "Construction Equipment Ownership and Operating Expense") by the economic
index for the year of equipment manufacture (as shown in the Schedule table entitled "Economic Indexes
for Construction Equipment"), divided by the economic index correspondingly with the year the Schedule
is published. The year used for the basis of the rates in the Schedule is indicated in the table entitled
"Equipment Age Adjustment Factors for Ownership Costs." Idle or standby time will not be paid for fully
depreciated equipment.
(f) Idle or standby time. Equipment ownership costs for idle or standby time of equipment not fully
depreciated shall be determined as follows:
(1) The allowable rate shall be made at 50 percent of the hourly rate for ownership costs if actual cost
data are used. The maximum hours per week allowed shall not exceed 40 hours or the amount of
hours regularly worked by the Contractor, whichever is less. No allowance shall be made for
Saturdays, Sundays, or holidays, when work is not actually performed.
(2) If actual cost data cannot be determined, the rate shall be computed in accordance with the
Schedule.
(3) No costs shall be allowed for time when the equipment would have been otherwise idle or was not
in good operating condition.
(4) Periods of time less than 2 hours on which equipment is down for normal and regular servicing and
for minor field repair or field maintenance shall be considered by the Contractor to be operating time
rather than idle or standby time and such periods shall not be deducted from use or operating time.
(5) No costs are allowable for fully depreciated equipment.
(g) Rental. Allowable costs for renting or leasing of equipment shall be determined in accordance with
FAR 31.105(d)(2)(ii) and 31.205-36.
I.12 WBR 1452.232-80 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) - SEP 2003
BUREAU OF RECLAMATION
(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for
this contract will be made available in accordance with this clause. This statute permits the Secretary of
the Interior to enter into contracts which will cover such periods as the Secretary may consider necessary
but in which liability of the United States shall be contingent upon appropriations being made therefore.
For purposes of this clause, the term "appropriations" includes the Bureau of Reclamation’s subsequent
allocation of funds for this contract.
(b) Incremental funding in the amount of $___________ is presently available for payment and allotted
under this contract for the work to be performed. This present funding allotment is contemplated to cover
the work to be performed until September 30, 2010. A schedule for anticipated future funding allotments is
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Amendment 0002 to Solicitation R10PS20114
as follows. This information is for planning purposes only and may not be fully representative of the funds
actually allotted under this contract
FISCAL YEAR FUNDING AMOUNT
FY 2010 50%
FY 2011 40%
FY 2012 10%
(c) For work identified in paragraph (b) of this clause, the Contractor agrees to perform up to the point at
which the total amount payable by the Government, including reimbursement in the event of termination of
specified work for the Government's convenience, approximates the total amount currently allotted to the
contract. The Contractor shall not be obligated to continue performance of this work beyond that point.
The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount
allotted to the contract for this work notwithstanding any contrary provisions of the Termination for
Convenience of the Government clause of this contract.
(d) Notwithstanding the date specified in paragraph (b) of this clause, the Contractor shall notify the
Contracting Officer in writing at least sixty days prior to the date when, in the Contractor's best judgment,
the work will reach the point at which the total amount payable by the Government, including any cost for
termination for convenience, will approximate 75 percent of the total amount then allotted to the contract
for performance of work identified in paragraph (b) of this clause. The notification shall state (1) the
estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to
continue performance of the work up to the next scheduled date for allotment of funds identified in
paragraph (b) of this clause, or to a mutually agreed upon substitute date. The notification shall also
advise the Contracting Officer of the estimated amount of additional funds that will be required for the
timely performance of work funded pursuant to this clause, for a subsequent period as may be specified in
the allotment schedule in paragraph (b) of this clause, or otherwise agreed to by the parties. If after such
notification additional funds are not allotted by the date identified in the Contractor's notification, or by an
agreed substitute date, the Contracting Officer shall terminate any work for which additional funds have
not been allotted, pursuant to the Termination for Convenience of the Government clause of this contract.
(e) When additional funds are allotted for continued performance of the work identified in paragraph (b) of
this clause, the parties will agree as to the period of contract performance which will be covered by the
funds. The provisions of paragraph (c) through (e) of this clause will apply in like manner to the additional
allotted funds and agreed substitute date, and the contract will be modified accordingly through revision of
paragraph (b) of this clause. The Contracting Officer is the only person authorized to provide notice,
communication, or other form of representation to increase or decrease the amount of funds allotted by
the Government to this contract. . If agreement cannot be reached, the Contracting Officer will make a
final decision as to the period of contract performance that will be covered by the funds. This decision may
be appealed by the Contractor under the Disputes clause of the contract.
(f) If, solely by reason of failure of the Government to allot additional funds in amounts sufficient for timely
performance of the work identified in paragraph (b) of this clause, the Contractor incurs additional costs or
is delayed in the performance of the work under this contract and if additional funds are allotted, an
equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling
prices where applicable) of work, or in the time of delivery, or both. Failure to agree to any such equitable
adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the Disputes
clause of this contract.
(g) The Government may at any time prior to termination allot additional funds for the performance of the
work identified in paragraph (b) of this clause.
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Amendment 0002 to Solicitation R10PS20114
(h) The termination provisions of this clause do not limit the rights of the Government under the Default
clause of this contract. The provisions of this clause are limited to the work and allotment of funds as set
forth in paragraph (b) of this clause. This clause is inapplicable once the contract is fully funded except
with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under
paragraphs (e) or (f) of this clause.
(i) Change orders shall not be considered authorization to exceed the amount allotted by the Government
as specified in paragraph (b) of this clause unless the amount is increased by inclusion of a statement
contained in the change order.
(j) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the
Termination for Convenience of the Government clause of this contract.
WBR PAYMENT FOR MOBILIZATION AND PREPARATORY WORK - SEP 2003
1452.232-81 BUREAU OF RECLAMATION – ALTERNATE I
Alt I
(a) General. Payment for the Mobilization and Preparatory Work line item of the schedule will be made as
reflected herein. To the extent that this line item exceeds the percentage of total contract pricing as
estimated by the Contracting Officer in WBR 1452.236-85, Instruction for Mobilization and Preparatory
Work Schedule Line Item, payment will be made as reflected in Section (d)(5) below. Reclamation will
make payment to the Contractor in accordance with this clause for operations including, but not limited to,
those necessary for --
(1) Movement of personnel, equipment, supplies, and incidentals to the project site;
(2) The establishment of offices, buildings, plants and other facilities, at the site (excludes temporary
buildings (e.g. storage sheds, shops, offices) and utilities listed in the Operations and Storage Areas
clause of this contract;
(3) Payment of premiums for project bonds and insurance; and
(4) Other work and operations which must be performed or costs incurred incident to the initiation of
meaningful work at the site and for which the contract does not otherwise provide for payment.
(5) Approved detailed logic diagram(s) and the baseline schedule.
(b) Facilities and equipment covered by mobilization work.
(1) All facilities, plant, and equipment which are established at, or brought to, the site shall be deemed
to be subject to the provisions of this paragraph unless the Contracting Officer specifically provides
other written authorization for a particular item or items.
(2) The Contractor shall be solely responsible for the adequacy, efficiency, use, protection,
maintenance, repair, and preservation of all facilities, plant, and equipment on site.
(3) The facilities, plant, and equipment covered by this paragraph shall not be dismantled or removed
from the site prior to completion of the work under the contract without the written authorization of the
Contracting Officer.
(c) Termination for default. Should the Contractor be terminated for default as provided by the Default
clause of this contract --
(1) All facilities, plant, and equipment on the site shall be subject to the Government's right to take
possession of and utilize such items for the purpose of completing the work;
(2) The Contractor shall provide evidence of encumbrances, liens, or other security interests, to the
Contracting Officer; and
(3) Any encumbrance, lien, or other security interest on such facilities, plant, or equipment shall be
subordinated to the Government's rights under the Default clause of this contract to utilize all facilities,
plant, and equipment to complete the work under the contract.
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Amendment 0002 to Solicitation R10PS20114
(d) Payment. Payment for mobilization and preparatory work under paragraph (a) of this clause shall be
made at the contractor lump-sum price for this item as contained in the Schedule. Progress payments for
mobilization and preparatory work shall be made as follows --
(1) In accordance with paragraph (g) of the Payments under Fixed Price Construction Contracts clause
of this contract and upon submission of a proper invoice, the Government will reimburse the Contractor
for the total amount of premiums paid for performance and payment bonds as required by the
Performance and Payment Bond Requirements clause of this contract and for any insurance which is
specified as payable by the Government under this contract.
(2) Except as provided in (d)(1)above, progress payments for mobilization and preparatory work shall
not be considered a separate division of work for the purposes of progress payments and shall be
subject to retainage before payment of the total amount for this contract line item.
(3) When progress payments totaling 5 percent of the total original contract amount have been made
by the Government for all other work accomplished under the contract, the Government shall pay the
Contractor 50 percent of the mobilization and preparatory work contract line item amount or 2.5
percent of the total original contract amount (whichever is the lower) exclusive of any payment already
made to the Contractor for performance and payment bond premiums and specified insurance under
subparagraph (d)(1).
(4) When progress payments totaling 10 percent of the total original contract amount have been made
by the Government for all other work accomplished under the contract and upon approval of the
detailed logic diagram(s) and baseline schedule, the balance of the amount for the mobilization and
preparatory work contract line item or 5 percent of the total original contract amount (whichever is the
lower) shall be paid to the contractor.
(5) If the contract amount for mobilization and preparatory work exceeds the total of the payments
allowed under (3) and (4) above, the balance shall be paid when the contract work is substantially
complete as determined by the Contracting Officer.
WBR OTHER INVOICE REQUIREMENTS – BUREAU OF RECLAMATION JUL 1998
1452.232-82
(a) As permitted by subparagraph (a)(2)(xi) of the Prompt Payment for Construction Contracts clause of
this contract, to constitute a proper invoice the Contractor shall submit the update reports required by the
"Construction Program" paragraph of the contract specification with each request for payment under the
contract.
(b) No payment shall be authorized for work performed out of sequence. If work is performed in violation
of the sequence shown on the approved logic diagram(s), but is performed in a logical sequence and in
compliance with the contract requirements, the current approved logic diagram(s) shall be updated to
correct the out of sequence condition, thereby allowing approval of payment. Progress payments for
incomplete activities shall be approved only if the activity's original duration exceeds 15 workdays or 20
shifts and the activity is in process at the end of the billing period, or if the estimated earnings for the
activity exceed $1,000.
WBR PRESERVATION OF CULTURAL RESOURCES - FEB 2000
1452.236-84 BUREAU OF RECLAMATION
(a) General. Federal legislation provides for the protection and preservation of cultural resources that may
be impacted or altered as a result of any Federal project, activity, or program or federally licensed or
assisted project, activity, or program.
(b) Discovery of Resources. Should the Contractor, or any of the Contractor's employees, subcontractors,
or parties operating or associated with the Contractor, in the performance of this contract discover
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Amendment 0002 to Solicitation R10PS20114
evidence of possible cultural resources, the Contractor shall immediately cease work at that location and
provide oral notification to the Contracting Officer, giving location and nature of the findings. The
Contractor shall forward a written report of findings to the Contracting Officer within 48 hours.
(i) If a cultural resource is determined by Reclamation to be a Native American cultural item, then
the Contractor shall cease the activity in the area of the discovery, make a reasonable effort to
protect the items discovered, and wait for written approval from the Contracting Officer before
resuming activity. This requirement is prescribed under the Native American Graves Protection and
Repatriation Act (NAGPRA). Many States have "burial laws" that apply to non-Federal and non-
Indian lands; the Contractor is responsible for complying with applicable state law when operating
on non-Federal and non-Indian lands.
(ii) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the
responsible tribal official and the Contracting Officer and follow with written confirmation within 2
days to the responsible tribal official and the Contracting Officer. (The Reclamation office will
supply the name and phone number of the tribal official. This information also can be obtained at
.)
(iii) The Contractor shall exercise care so as not to disturb or damage any cultural resources
discovered during the execution of this contract, and shall provide such cooperation and assistance
as may be necessary to preserve the findings for removal or other disposition by Reclamation. The
Contractor shall not resume work in the area of a discovery until written notice to proceed is
received from the Contracting Officer.
(c) Destruction of Archaeological Resources. Any person who excavates, removes, damages, alters or
defaces or attempts to excavate, remove, damage, or otherwise alter or deface any archaeological
resource located on public lands or Indian lands is subject to a maximum of five years in prison and
$250,000 fine, as prescribed under Sections 6 and 7 of the Archaeological Resources Protection Act.
State law may provide other penalties on non-Federal lands.
(d) Approval of Use Areas and Borrow Sources. If the Contractor proposes to use a location other than an
approved location (approved locations to be provided by the Contracting Officer), the location(s) must first
be approved for use by the Contracting Officer. When considering an unapproved use area or borrow
source, the Contractor shall submit a map showing the location to the Contracting Officer at least 45
calendar days in advance of any proposed use. The Contractor or his subcontractors shall take no action
to use or alter the proposed location until written approval is provided by the Contracting Officer.
(e) Compensation for Delays. Where appropriate by reason of discovery, the Contracting Officer may
order changes in the schedule or work. If such delays or changes are ordered, any equitable adjustment
under the contract will be provided in accordance with the applicable clauses of the contract.
(f) Subcontractors. The Contractor shall insert this clause in all subcontracts that involve performance of
work on job site terrain.
(g) Cost. Except as provided in subsection e above, the cost of complying with this contract clause shall
be included in the prices offered in the schedule for other items of work.
(h) Government Access. The Contractor's arrangement with landowners shall permit the Government or
its representatives access to the land to identify cultural resources and conduct appropriate inspections
during the Contractor's use of the area or during material procurement.
(i) Definitions.
(i) "Cultural items" as defined by NAGPRA include Native American human remains, funerary
objects, sacred objects, and objects of cultural patrimony.
(ii) "Cultural resources" is a broad term that includes prehistoric, historic, architectural, and
traditional cultural properties; specific items include, but are not limited to, human skeletal remains,
archaeological artifacts, records, and material remains related to such properties.
(iii) "Funerary objects" means Native American items that, as part of the death rite or ceremony of a
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culture, are reasonably believed to have been placed intentionally at the time of death or later with
or near individual human remains.
(iv) "Human remains" means the physical remains of the body of a person.
(v) "Native American" means of, or relating to, a tribe, people, or culture that is indigenous to the
United States.
(vi) "Sacred objects" means Native American items that are specific ceremonial objects needed by
traditional Native American religious leaders for the practice of traditional Native American religions
by their present-day adherents. These items are specifically limited to objects that were devoted to
a traditional Native American religious ceremony or ritual and which have religious significance or
function in the continued observance or renewal of such ceremony.
(vii) "Objects of cultural patrimony" means Native American items having ongoing historical,
traditional, or cultural importance central to the Indian tribe or Native Hawaiian organization itself,
rather than property owned by an individual tribal or organization member. These objects are of
such central importance that they may not be alienated, appropriated, or conveyed by any individual
tribal or organization member.
WBR SECURITY REQUIREMENTS – BUREAU OF RECLAMATION OCT 2006
1452.237-
80
(a) General Security Requirements:
(1) This clause addresses security requirements, including general procedural requirements,
information security requirements, contractor employee suitability requirements, identification card
requirements, site security requirements, and information technology security requirements. Within this
clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified
to the Contractor, the term instead will mean the Program Manager or any other authorized individual
responsible for technical oversight under the contract. ―Work site‖ means the Government facility,
office, construction site, and any other area within the Government office or facility that the Contractor
must access to accomplish work under this contract.
(2) The work performed under this contract shall only be accomplished by individuals (in the
employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with
the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to
the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned
duties, the CO will direct the Contractor to remove the individual from the contract and access to the
Federal facility at which the contract activities are occurring.
(3) The Contractor’s employees governed by this contract may need access to sensitive information
and/or may need access to designated Controlled Access Areas (CAAs). The Federal Government
(Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel
and deny access to any sensitive information or project specific area to any personnel for any cause.
(4) The Contractor is responsible for informing and ensuring compliance by its employees with any
applicable security procedures of the Government facility where work may be performed under this
contract.
(5) Any Contractor employee that will have access to a Federally-controlled facility or information
system will be required to have a Government-issued identification card, consisting of either a Personal
Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. During performance
of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes
in personnel access or duration, to ensure that performance is not delayed by compliance with
credentialing processes.
(6) A Contractor employee will not be provided access to a Government facility or information system
until a Government PIV Card, temporary identification card, or visitor identification badge has been
issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the
Government may, at its discretion, issue a temporary identification card or visitor identification badge
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after the background investigation forms have been received and the investigation is initiated.
(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly
display the Government-issued PIV Card, temporary identification card, or visitor identification badge at
all times. Contractor employees must visibly wear the Government-issued identification card at all
times they are on Government facilities. Contractor employees are responsible for the safekeeping of
all Government-issued identification cards, whether on-site or off-site. Cards that have been lost,
damaged, or stolen must be reported to the COR within 24 hours. The Contractor shall return all
identification cards and card keys and any other Government property and information upon
completion of performance or when personnel depart permanently or for a period of 7 days or more.
The Contractor may be required to turn in access control cards or identification cards on a daily basis.
(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender
of such cards may, at Government discretion, result in Contractor personnel being denied access to
the work site, at no cost to Government. The Contractor may be charged up to $500 for each
occurrence for any required replacement of Government-issued access control or identification cards
due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer
working under this contract, the Contractor shall ensure that all access control and identification cards
are returned to the COR.
(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be
U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. At the direction of
the COR, the Contractor shall provide to the COR, in writing, the name and nationality of all non-U.S.
citizens working under this contract. For those individuals with access to the work site, the Contractor
shall also provide documentation that the foreign individual is legally residing in, or has been legally
admitted to, the U.S.
(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives
(including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to
sensitive information or areas. The Contractor shall report any violations of contract provisions, laws,
executive orders, regulations, and guidance to the CO. The Contractor shall report any information
raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive
information is consistent with the interests of National Security and the Public Trust.
(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its
employees) may result in termination of the contract or removal of some Contractor employees from
Reclamation facilities at no cost to the Government. These actions include, but are not limited to,
exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious
software, or failure to follow prescribed access control policies and/or security procedures. Failure to
comply with Reclamation policies, procedures, or other published security requirements may result in
termination of the contract or removal of some contracted employees from Reclamation buildings
and/or facilities at no cost to the Government.
(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall
incorporate the substance of this clause in all subcontracts.
(13) These security requirements apply to all sections of this Contract including Contract Drawings
and other Contract Specifications as applicable. Related documents include other general provisions of
Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as
amended by related documents.
(b) Information Security Requirements.
(1) The term ―sensitive information‖ means any information which warrants a degree of protection and
administrative control as defined by Reclamation or that meets the criteria for exemption from public
disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of
Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL
USE ONLY (FOUO) information, but in some cases may include other unclassified information. (The
protection of National Classified information is beyond the scope of this clause. If any work on
Classified information is required under this contract, it is addressed under other contract clauses.) The
Contractor shall protect this type of information from unauthorized release into public domain, or to
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unauthorized persons, organizations, or subcontractors. Information which, either alone or in
aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with
Reclamation Directives and Standards for Identifying and Safeguarding FOR OFFICIAL USE ONLY
(FOUO) Information, which is available at http://www.usbr.gov/recman/DandS.html#sle.
(2) Any Government-furnished information/material does not become the property of the Contractor
and may be withdrawn at any time. Upon expiration of the contract, all documents released to the
Contractor and any material created using data from such documents shall be returned to the COR for
final disposition. Only with prior authorization from the CO may the Contractor retain the material. The
Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to
any individuals of the Contractor's organization not directly engaged in providing services under the
contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the
Government shall be protected from public or private disclosure in accordance with the markings
printed on them. All other information relating to the items to be delivered or the services to be
performed under this contract shall not be disclosed by any means without prior approval of the CO.
Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such
information by foreign nationals or by immigrant aliens who may be employed by the Contractor,
publication of technical or scientific papers, advertising, and disclosure to Contractor staff not
investigated and deemed acceptable at the appropriate contract/information sensitivity level, or any
other proposed public release. The Contractor shall maintain, and furnish upon demand of the CO,
records of the names of individuals who have access to sensitive material in its custody. All questions
regarding information security, access, and control shall be referred to the COR.
(3) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or
otherwise protected information, regardless of medium in which it is contained (for example, film, tape,
document, electronic), pertaining to any part of this contract or any Reclamation program or activity,
unless the CO has given prior written approval. This includes, but is not limited to, news releases,
marketing promotions, articles, interviews, reports, and any other media releases. Requests for
approval shall identify the specific information to be released, the medium to be used, the purpose for
the release, and a description of the need-to-know. The Contractor shall submit its request to the CO
before the proposed date for release. Subcontractors shall submit requests for authorization to release
through the prime Contractor to the CO.
(4) The Contractor shall notify the COR immediately when known or suspected loss/compromise of
sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed
film or similar information which may affect the security interests of Government has occurred. This
requirement extends to employees and other personnel working on behalf of the Contractor, and
expands responsibility to include prompt reporting of security issues, including observed or
subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive
information.
(c) Contractor Employee Suitability and Issuance of Government Identification Cards:
(1) Performance of this contract requires Contractor personnel to have a Federal Government-issued
Personal Identification Verification (PIV) Card before being allowed unsupervised access to a
Federally-controlled facility or information system.
(2) At the Government’s sole discretion, the Government may issue a temporary identification card or
visitor identification badge, in lieu of a PIV Card, under one of the following conditions:
(i) The individual will only be associated with Reclamation for a period of 180 days or less, will not
have access to sensitive information, and any access to a Controlled Access Area or Federal-
controlled information system will be fully supervised. The 180 calendar day period begins on the
first day of the individual’s affiliation with Reclamation (in this case, the date that the individual’s
contract performance begins) and ends exactly 180 days later, regardless of the number of times
the individual actually accesses a Government facility or information system.
(ii) The individual will only have sporadic access to Federal facilities and information systems, will
not have access to sensitive information, and any access to a Reclamation Controlled Access Area
or Federal-controlled information system will be fully supervised.
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(iii) The individual will work exclusively outdoors, will not have access to sensitive information, and
any access to a Reclamation Controlled Access Area or Federal-controlled information system will
be fully supervised.
(iv) In paragraphs (i) through (iii), supervised access means the individual’s access to, and
movement within, a facility is monitored and controlled sufficiently to prevent access to any
unauthorized areas, equipment, or information; and the individual’s access to an information system
is monitored and controlled sufficiently to ensure appropriate use of the system and information,
and to prevent access to any unauthorized systems or information. Supervision must be performed
by an individual with an active Government-issued PIV Card.
(3) The Contractor shall furnish to the COR an alphabetical list of contract personnel, to include
subcontractors, who will require access to a Government facility or information system. The list shall
provide the full name, social security number, date of birth, place of birth, purpose or job title, and the
estimated duration of access. If the Contractor believes an individual should be issued a temporary
identification card or visitor identification badge in lieu of a PIV Card based on the conditions in
paragraph (4), then the Contractor must also submit a sufficient written justification as to why the
specific individual or individuals will not need a PIV Card. The Contractor shall provide this information
before the start of contract performance, or before the start of an individual’s performance when there
is a change or addition of personnel, with sufficient time to ensure that performance is not delayed by
compliance with credentialing processes.
(4) Any contract employees that will be issued a temporary identification card or visitor identification
badge, in lieu of a PIV Card, at the Government’s sole discretion, will be subject to the following
credentialing procedures:
Contractor employee must have a valid identification to be issued a temporary identification badge and
follow all local office procedures.
(5) Any contract employees that will be issued a PIV Card will be subject to the following credentialing
procedures:
(i) For Contractor employees needing a PIV Card, as determined by the Government, the CO or
COR will provide the appropriate background investigation forms to the Contractor, or initiate the
electronic background investigation process, and give the Contractor instructions for completing the
background investigation, fingerprinting, and PIV Card process. After the background investigation
forms are completed, each Contractor employee shall be required to appear in person before a
Government PIV Registrar to submit the background investigation forms, have personal identity
verification documents verified, have a photograph taken, and sign the PIV Card Request Form.
The Contractor must make its personnel available at the place and time specified by the COR in
order to initiate this process. The following forms shall be used to initiate the background
investigation and PIV process: OPM Standard Form 85, 85P, or 86; OF 306; Fingerprint Card FD-
258; Fair Credit Reporting Act Authorization Form; and PIV Card Request Form (paper or web-
based).
(ii) The cost of completing and submitting the above forms, including any charges for obtaining
fingerprints, shall be borne by the Contractor. The cost of the background investigation shall be
borne by Reclamation.
(iii) Contractor employees are required to give, and to authorize others to give, full, frank, and
truthful answers to relevant and material questions needed to reach a suitability determination.
Refusal or failure to furnish or authorize provision of information may constitute grounds for denial
or revocation of credentials. Government personnel may contact the Contractor personnel being
investigated in person, by telephone, or in writing, and the Contractor agrees to make them
available for such contact.
(iv) For each Contractor employee that will be issued a PIV Card, the Government will conduct a
background investigation. The level of background investigation for each Contractor employee will
be determined by the Government based on the risk and sensitivity levels as described in
Reclamation’ s Personnel Security and Suitability Directives and Standards,‖ SLE 01-01, which is
available at http://www.usbr.gov/recman/DandS.html#sle. At a minimum, each Contractor employee
that will be issued a PIV Card will receive a National Agency Check with Written Inquiries (NACI)
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Background Investigation. The minimum standards which will be used in suitability determinations
are contained in the DOI Departmental Manual Part 441, Chapter 5, which is available at
http://elips.doi.gov/app_dm/act_getfiles.cfm?relnum=3290.
(v) Each Contractor employee in a position designated as higher than Low Risk Non-Sensitive shall
be reinvestigated on a periodic basis as described in Reclamation’s Personnel Security and
Suitability Directives and Standards. A reinvestigation may also be initiated when the Contractor or
the Government believes that a particular individual’s continued ability to meet the contract’s
minimum standards is in question.
(vi) If a Contractor employee has worked under a Federal agency contract within the past two years,
and that contract required a successfully-adjudicated background investigation at the same risk
level as (or higher than) this contract, further investigation may not be necessary. The Contractor
shall provide the COR with documentation that supports the individual’s previous contract work and
any information, including name and social security number, date of birth, and place of birth,
needed for Government verification of previous background investigation.
(vii) If the final adjudication is unfavorable on a Contractor employee, or if Reclamation finds a
Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the
Contractor to remove the individual from the contract and access to the Federal facility at which the
contract activities are occurring. In the event of a disagreement between the Contractor and the
Government concerning the suitability of a particular employee to perform work under this contract,
the Government shall have the right of final determination. Determinations under this requirement
are subject to the Disputes Clause. Failure of the Contractor to comply with the requirements of
this clause could constitute grounds for termination for default.
(viii) Reclamation will not allow a Contractor employee access to their investigation files. An
individual may request, under the provisions of the Privacy Act and/or Freedom of Information Act,
copies of their files from the investigative agency (Office of Personnel Management). Reclamation
will not release a copy of any investigative file, in whole or part, to the Contractor or any Contractor
representative.
(ix) Upon completion of a favorably-adjudicated background investigation, Contractor employees
will be issued a Government PIV Card. When the PIV Card is printed, each Contractor employee
shall be required to appear in person before the Reclamation PIV Card Issuer for identity
verification, to sign the PIV Request Form, and receipt of the PIV Card.
(d) Site Security Requirements
(1) General Description. This section provides provisions to ensure the full security integrity of the
facility and personnel working at the facility. The work of this section may involve interfaces with a
number of Government security personnel, normally coordinated through the designated COR. The
Contractor is responsible for ensuring that activities are accomplished in a manner that complies fully
with applicable security statutes, regulations, policies, directives, and standards.
(2) Government Security Personnel. When and where applicable, security personnel may be assigned
to control access, secure materials or activities at the work site, or escort Contractor personnel in
CAAs or other sensitive areas. Personnel may include security managers, security guards, security
contractors acting as agents of the Government, law enforcement personnel, or others. These
individuals may be used to ensure the overall security and integrity of the site or building and may
provide controlled access to designated CAAs. These individuals may conduct inspection of all
workers, vehicles, equipment, or materials entering, or re-entering the work site. The inspection may
be done with walk-through and/or hand-held metal detectors or by other means as may be deemed
necessary by Reclamation.
(3) Contractor Guard Force. At the Contractor’s sole discretion, and at the Contractor’s own expense,
with prior written Government approval, a Contractor may be authorized to hire its own guards to
secure Contractor-owned equipment and/or to protect Contractor employees or subcontractors. If such
a relationship is permitted, the Contractor shall be exclusively liable for all guard activities to include
action or inaction of Contractor’s guard personnel. The Government will not offer nor provide any
indemnification. Contractor shall be solely responsible for guards at all times to include any
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supervision, oversight, and for the development of local guard orders and or procedures. The
Contractor shall be responsible for coordinating all guard activities with the COR and shall develop and
submit to the COR, for advance approval, any guard orders and/or guard procedures.
(4) Additional Security-Related Submittals
(i) Visitor List. The Contractor shall furnish to the COR, in advance, notification of visit of any
Contractor-sponsored visitor to a Government-controlled facility. This notification should be in
writing and must include the purpose or nature of the visit, the full name of the visitor, and the full
name and phone number of the designated sponsor who will be physically responsible for escorting
the visitor for the duration of the scheduled visit.
(ii) Delivery Schedule. The Contractor shall furnish to the COR, in advance, a schedule for all
deliveries. This list shall include estimated delivery date, time, nature of the materials being
delivered, and – where available – the name of delivery company and type of vehicle.
(iii) Explosive Security Plan. The Contractor shall furnish to the COR for approval, in advance, an
explosive security plan at any work site where explosives will be stored or used.
(5) General Provisions.
(i) General. The Contractor shall comply with the Government’s site security procedures as
specified, and as requested subsequent to award of Contract. Failure of the Contractor to comply
with required access controls, information handling procedures, or any other security controls or
procedures, may result in revocation of Contractor personnel access to the work site. The
Government reserves the right to modify or clarify security provisions of this contract based on
changing political and civil circumstances, and perceived threats to personnel or the facility.
(ii) Security Facilities and Equipment. The Contractor shall u se security facilities and equipment
only for the purposes intended and as directed by the COR. The Contractor shall comply with the
Government’s instructions for use of secure storage areas, site enclosure and gates, temporary
security lighting, building space enclosure, and lockup devices and systems established for
detection, monitoring, signaling, and alarming field office facilities. Measures necessary to secure
the integrity of materials, equipment, and tools installed or used in furtherance of this contract
shall be at no cost to the Government.
(iii) Security Personnel Availability/Work Schedules. The Contractor shall notify the COR at least
24 hours in advance of any projected work which might impact on security or require the
scheduling of extended security personnel support. The Contractor shall provide a weekly work
schedule which may have security implications, such as anticipated delivery of materials, use of
explosives or heavy machinery, and extra time needed for continuous or inherently lengthy
construction or project specific operations (such as concrete placement).
(iv) Deliveries. The Contractor shall provide at least one day’s advance notice of major deliveries,
including time of arrival and trucks/carriers/documentation to be expected for arrival at work site.
The Contractor shall provide reasonable advanced notice of deliveries which must be
accommodated/accepted at times other than the Government’s established working hours.
Failure to provide adequate advanced notice may result in delivery delays at the Contractor’s
expense.
(v) Site Access. All Contractor personnel will be issued appropriate identification and must comply
with all local access control procedures. The Government reserves the exclusive right to refuse or
disallow any vehicular or pedestrian access to any Government-controlled facility or for any
deliveries to the work site, regardless if access was scheduled or unscheduled.
(vi) Inspections and Searches. The Government reserves unqualified and unlimited right at any
time to conduct security-related inspections or searches of work, material, equipment, personnel,
and temporary facilities at the work site. The Contractor shall afford unrestricted access to work
and allow surveillance and inspection by any Government personnel as authorized by the COR.
The Government reserves the right to conduct searches of articles and personal effects of all
Contractor personnel, both at point of entry and exit from the work site or Government facility. All
Contractor personnel entering and leaving the work site may be required to pass through a Walk-
Through-Metal-Detector device and/or other detection devices.
(vii) After Duty Hours. No Contractor personnel shall be permitted access to the work site after the
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Government’s established working hours without prior authorization from the Government. All
personnel seeking access to the site after the Government’s established working hours may be
required to sign in and out in a visitor's log that may be maintained by the on duty security
personnel (if any).
(viii) Access Procedures at CAAs. In some instances, the Contractor may be required to erect
temporary security barriers and doors to isolate a CAA, as instructed by the Government. The
Contractor may be required to install locks and thereafter control access. The Contractor shall
comply with the Government’s requirement for limited and escorted access to a CAA. The
Contractor shall notify the COR at least one day prior to each requested access to a CAA that is
outside of the Government’s established working hours.
(ix) Reported Violations. Where an indication, report, or observation of unauthorized access or
performance of unauthorized work has occurred, the Government reserves the right to stop work
and deny access until the circumstance and work can be investigated, inspected, tested, and
resolved. The entire cost of such stoppages and resolutions shall be borne by Contractor, except
when alleged violations of established security requirements, after investigation, are found not to
be the fault of the Contractor.
(x) Briefings. Contractor personnel who will be assigned to this project, and who will have access
to the work site, may be required to attend Government-conducted security briefings. The
Government reserves the right to conduct security briefings for Contractor personnel and visitors
at all levels of involvement in performance of work and maintenance of security. Required
briefings may include, but are not limited to, the following: Information Security, Site Security
Requirements and Procedures, Delivery Methods and Inspections, Storage Requirements,
Reporting Requirements, Supervisory Procedures, Contractor Employee Conduct, Visitor Control,
and Threats.
(xi) Key Control. Control of keys/access codes and lock combinations is essential for the
Government’s project security. The Contractor shall not allow keys or access codes to be
duplicated or removed from the work site, nor allow lock combinations to be divulged without
specific written advanced authorization from the COR. Such loss of control, observed or
suspected, may result in a requirement to change locks involved at the Contractor’s expense. At
the direction of the COR, the Contractor shall provide duplicate keys and lock combinations to
Government security personnel when requested for the purpose of security inspections and
emergency actions, including keys/combinations/access codes needed for unrestricted access to
every area and element of the project. The Contractor may be required to establish a key control
program that is acceptable to the Government for Government-issued keys and for heavy
machinery parked at the construction site (if this is a construction contract).
(xii) Vehicle Control. In general, parking of vehicles on the work site shall not be permitted, except
for tractors, cranes, and similar equipment used directly in performance of work, for delivery of
materials/supplies, and for removal of waste and surplus material. The Government may
designate an approved contractor employee parking area. Upon entering the work site, vehicles
and drivers may be subject to search and inspection. The Contractor shall obtain authorization
from the COR to park the Contractor’s official vehicles and motorized vehicular construction
equipment that are required/desired to be parked on the work site. Vehicles in violation may be
towed off the work site at the Contractor’s expense. Where Government-designated employee
parking is not available, parking of construction employees’ automobiles and similar transportation
vehicles may be excluded from the work site. It is the Contractor ’s responsibility to arrange for
suitable accommodation for these vehicles.
(xiii) Prohibited/Restricted Items. Prohibited/restricted items and activities on the work site include
but are not limited to the following: firearms and other weapons, except as specifically authorized
by the COR; drugs, including narcotics, barbiturates, marijuana, alcoholic beverages, and similar
substances, except for use with valid medical prescription; and explosives.
(xiv) Exceptions for Explosives. When needed for use in specifically limited amounts and
controlled circumstances for construction work, explosives may be brought onsite with written
prior authorization from the COR. As a hazardous material, the Contractor shall treat the use of
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Amendment 0002 to Solicitation R10PS20114
explosives in accordance with regulations and guidance provided by Federal, State, and local
authorities. The storage of explosives shall be in accordance with requirements of the Bureau of
Alcohol, Tobacco, and Firearms or the State in which they are stored. If onsite storage of
explosives is necessary, explosives shall be stored at a pre-designated, secure site approved by
the COR. Prior to Government approval of storage, the Contractor shall develop and submit to the
COR a complete storage/security/retrieval plan for approval. The storage/security plan can be
included in a ―Blasting Safety Plan.‖ The plan shall make accommodations for surveillance,
detection, and response. Explosives firing systems shall be stored off-site and under no
circumstances shall be stored together with explosives.
(xv) Photography. The use of photographic equipment and taking of photographs shall only be
allowed as authorized by the COR.
WBR MODIFICATION PROPOSALS – BUREAU OF RECLAMATION DEC 2001
1452.243-
80
(a) In submitting any proposal for a modification under this contract (including any proposal for an
equitable adjustment resulting from a change under the Changes clause of this contract), the Contractor
shall:
(1) Comply with the contract time limits for submission of a proposal or as specified by the Contracting
Officer;
(2) Apply the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation
(FAR) in effect on the date of this contract;
(3) Furnish a breakdown of all costs estimated to complete the work required by the modification (i.e.,
cost of added work, incurred cost of deleted work already performed, estimated cost of deleted work
not yet performed, and net cost of the modification) to include all costs associated with materials
(identified by item and quantity), equipment (identified by item, quantity and whether contractor-owned
or rented), categories of direct labor, bond and insurance premium adjustments, subcontracts,
overhead and other indirect costs, profit/fee, and any other pricing information requested by the
Contracting Officer, in sufficient detail to permit an analysis of fair and reasonable price;
(4) Furnish a written justification for any requested time extensions; and
(5) For any pricing adjustment expected to exceed $500,000 (considering both increases and
decreases) --
(i) Submit cost and pricing data using the format specified in Table 15-2 of FAR 15.408 unless the
Contracting Officer agrees that an exception applies under the circumstances set forth in FAR
15.403-1;
(ii) Certify in substantially the format prescribed in FAR 15.406-2 that to the best of its knowledge
and belief, the data are accurate, complete and current as of the date of agreement on the
negotiated price of the modification; and
(iii) Comply with the requirements of either the Subcontractor Cost or Pricing Data clause or the
the Subcontractor Cost or Pricing Data -- Modifications clause of this contract when the adjustment
includes a subcontract modification involving a pricing adjustment expected to exceed 500,000.
(b) Under the Changes clause of this contract, failure of the Contractor to timely assert its right for an
adjustment or to submit a proposal for an adjustment by the date specified in the clause (or another date
specified by the Contracting Officer) may result in a unilateral adjustment of the contract by the
Contracting Officer pursuant to the Disputes clause of this contract.
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SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
FAR SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998
52.252-01
This solicitation incorporates one or more solicitation provisions 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. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
http://www.arnet.gov/far (FAR 52.XXX-XX formatted clauses)
http://www.doi.gov/pam/aindex.html (DIAR 1452.XXX-XX)
Provision Title Date
1452.215-71 Use and Disclosure of Proposal Information - Department APR 1984
of the Interior
52.214-34 Submission of Offers in the English Language APR 1991
52.214-35 Submission of Offers in U.S. Currency APR 1991
52.215-1 Instructions to Offerors – Competitive Acquisitions JUN 2004
52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER APR 2008
(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
―DUNS‖ or ―DUNS+4‖ followed by the DUNS number or ―DUNS+4‖ that identifies the offeror’s name and address
exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The
DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see
Subpart 32.11) for the same concern.
(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have
internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the
United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
The offeror should indicate that it is an offeror for a U.S. Government contract when
contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
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(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
52.211-01 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF AUG 1998
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERICAL ITEM
DESCRIPTIONS, FPMR PART 101-29
(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29,
and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be
obtained for a fee by submitting a request to--
GSA Federal Supply Service
Specifications Section, Suite 8100
470 East L’Enfant Plaza SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued
this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this
solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this
provision. Additional copies will be issued for a fee.
52.211-02 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM JAN 2006
DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND
STANDARDIZATION INFORMATION SYSTEM (ASSIST)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:
(1) ASSIST ( http://assist.daps.dla.mil/;
(2) Quick Search (http://assist.daps.dla.mil/quicksearch/ ) (3) ASSISTdocs.com ( http://assistdocs.com ).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by—
(1) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2197, Mon-Fri, 0730 to 1600 EST; or
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Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
52.216-01 TYPE OF CONTRACT APR 1984
The Government contemplates award of a firm fixed-price construction contract resulting from this solicitation.
52.222-05 DAVIS-BACON ACT - SECONDARY SITE OF THE WORK JUL 2005
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the
work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the
offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not
applicable to the secondary site of the work, the offeror shall request a wage determination from the
Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage
determination for a secondary site of the work.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION FEB 1999
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR
CONSTRUCTION
(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate
workforce in each trade on all construction work in the covered area, are as follows:
Goals for Minority Participation for Each Goals for Female Participation for Each
Trade Trade
Sacramento County 16.1% 6.9 %
El Dorado County 14.3% 6.9%
These goals are applicable to all the Contractor’s construction work performed in the covered area. If the
Contractor performs construction work in a geographical area located outside of the covered area, the Contractor
shall apply the goals established for the geographical area where the work is actually performed. Goals are
published periodically in the Federal Register in notice form, and these notices may be obtained from any Office
of Federal Contract Compliance Programs office.
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(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4
shall be based on
(1) its implementation of the Equal Opportunity clause,
(2) specific affirmative action obligations required by the clause entitled ―Affirmative Action Compliance
Requirements for Construction,’’ and
(3) its efforts to meet the goals.
The hours of minority and female employment and training must be substantially uniform throughout the length
of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.
Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer’s identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the ―covered area‖ is Sacramento
and El Dorado Counties, California.
52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT - CONSTRUCTION (FEB 20009)
MATERIALS UNDER TRADE AGREEMENTS
(a) Definitions. ―Construction material,‖ ―domestic construction material,‖ ―foreign construction material,‖
―manufactured construction material,‖ ―Recovery Act designated country construction material,‖ ―steel,‖ and
―unmanufactured construction material,‖ as used in this provision, are defined in the clause of this solicitation
entitled ―Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials
Under Trade Agreements‖ (Federal Acquisition Regulation (FAR) clause 52.225-23).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the
inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery
Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination
before submission of offers. The offeror shall include the information and applicable supporting data required by
paragraphs (c) and (d) of FAR clause 52.225-23 in the request. If an offeror has not requested a determination
regarding the inapplicability of section 1605 of the Recovery Act or the Buy American Act before submitting its
offer, or has not received a response to a previous request, the offeror shall include the information and
supporting data in the offer.
(c) Evaluation of offers.
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(1) If the Government determines that an exception based on unreasonable cost of domestic construction
material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605
of the Recovery Act or the Buy American Act by adding to the offered price of the contract—
(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as
construction material based on unreasonable cost of comparable manufactured domestic construction material;
and
(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on
unreasonable cost of comparable domestic unmanufactured construction material.
(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not
include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material, other than Recovery Act designated country
construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause
52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act
designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate
offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause
52.225-23 for the offer that is based on the use of any foreign construction material for which the Government
has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR
clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent
domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish
such domestic or Recovery Act designated country construction material. An offer based on use of the foreign
construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
52.233-02 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR SEP 2006
(JUL 1996) DEVIATION
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from:
Bureau of Reclamation
Attn: Debra A. Keith/Contracting Officer
2800 Cottage Way, Room E-1815
Sacramento, California 95825-1898
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with
the GAO.
(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to
the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511,
Washington, D.C. 20240.
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52.236-27 SITE VISIT (CONSTRUCTION) FEB 1995
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting
the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters
are urged and expected to inspect the site where the work will be performed.
b) An organized site visit has been scheduled for Thursday, June 3, 2010 at 9:00 AM. Contractors should
register for the site visit a minimum of 24 hours in advance by contacting Matt Sheskier at msheskier@usbr.gov
or (916) 989-7258. Further details will be provided at that time. Work boots, long pants, shirts with 4‖ sleeve,
safety vest and hard hat are required.
52.252-05 AUTHORIZED DEVIATIONS IN PROVISIONS APR 1984
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Department of the Interior or Bureau of Reclamation Agency provisions with
an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
WBR SOURCE EVALUATION AND SELECTION PROCEDURES - MAY 2005
1452.215-80 BUREAU OF RECLAMATION
The Government intends to evaluate proposals submitted under this solicitation and select a source for contract
award without discussions (unless the contracting officer later determines discussions to be necessary) in
accordance with the following provision: FAR 52.215-1 Instructions to Offerors -- Competitive Acquisition (Jan
2004). Source selection shall be in accordance with procedures contained in FAR Part 15, Department of the
Interior Acquisition Regulation (DIAR) Part 1415 (48 CFR 1415) and Bureau of Reclamation Acquisition
Regulation WBR Part 1415. These procedures are summarized as follows:
(a) Technical evaluation. Technical proposals are being requested in order to obtain information to be
used in the evaluation process. Technical proposals are considered to be part of offers as to technical
performance. A Technical Proposal Evaluation Committee has been established to objectively evaluate technical
proposals in accordance with the Evaluation Factors for Award -- Bureau of Reclamation provision in Section M
of this solicitation. Technical proposals shall be submitted in accordance with the Technical Proposal Instructions
-- Bureau of Reclamation provision in Section L of this solicitation.
(b) Past Performance Evaluation. In addition to any other past performance information required under the
solicitation, the Contracting Officer (C0) shall use past performance information available from the Past
Performance Information Retrieval System (PPIRS.GOV) in the source selection process on offerors competing
for awards in excess of $100,000, unless the CO has documented an exception from past performance
consideration in accordance with FAR 15.304(c)(2)(iv).
(c) Cost or price evaluation. An objective cost or price evaluation of contract pricing proposals will be made in
accordance with the Evaluation Factors for Award provision in Section M of this solicitation. Pricing proposals
shall be submitted in accordance with the Contract Pricing Proposal Instructions -- Bureau of Reclamation
provision in Section L of this solicitation. Pursuant to FAR 15.404-1, cost or price evaluation will be used to
determine cost/price reasonableness and the offeror's understanding of, and ability to perform, the prospective
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contract.
(d) Clarifications. Clarifications are limited exchanges, between the Government and offerors, that may occur
when award without discussions is contemplated. If award will be made without conducting discussions, offerors
may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past
performance information and adverse past performance information to which the offeror has not previously had
an opportunity to respond) or to resolve minor or clerical errors.
(e) Communications. Communications are exchanges, between the Government and offerors, after receipt of
proposals, leading to establishment of the competitive range. Communications may be conducted to enhance
Government understanding of proposals, allow reasonable interpretation of the proposal, or facilitate the
Government’s evaluation process. Such communications may not be used to cure proposal deficiencies or
material omissions, materially alter the technical or cost elements of the proposal, and/or otherwise revise the
proposal. Communications are for the purpose of addressing issues that must be explored to determine whether
a proposal should be placed in the competitive range. They shall not provide an opportunity for the offeror to
revise its proposal, but may address ambiguities in the proposal or other concerns and information relating to
past performance.
(f) Competitive range. If discussions are to be conducted, the contracting officer shall establish the competitive
range based on the ratings of each proposal against all evaluation criteria. The competitive range shall comprise
all the most highly rated proposals, unless the range is further reduced for purposes of efficiency. The contracting
officer may determine that the number of most highly rated proposals that might otherwise be included in the
competitive range exceeds the number at which an efficient competition can be conducted. The contracting
officer may then limit the number of proposals in the range to the greatest number that will permit an efficient
competition among the most highly rated proposals. If, after discussions have begun (see paragraph (g) below),
an offeror originally in the competitive range is no longer considered to be among the most highly rated offerors
being considered for award, that offeror may be eliminated from the range whether or not all material aspects of
the proposal have been discussed, or whether or not the offeror has been afforded an opportunity to submit a
proposal revision.
(g) Preaward debriefing of offerors. Offerors excluded from the competitive range or otherwise excluded from
further consideration prior to the final source selection decision may request a debriefing before award. The
process for requesting and conducting preaward debriefings may be found at FAR 15.505.
(h) Discussions. Discussions are exchanges between the Government and offerors, after establishment of the
competitive range, that are undertaken with the intent of allowing the offeror to revise its proposal. These
discussions may include bargaining, including persuasion, alteration of assumptions and positions, give-and-take,
and may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract.
Discussions are tailored to each offeror’s proposal, and shall be conducted by the contracting officer with each
offeror within the competitive range. The primary objective of discussions is to maximize the Government’s ability
to obtain best value, based on the requirement and the evaluation factors set forth in the solicitation.
(i) Proposal revisions. The contracting officer may request or allow proposal revisions to clarify and document
understandings reached during negotiations. At the conclusion of discussions, each offeror in the competitive
range shall be given an opportunity to submit a final proposal revision. The contracting officer is required to
establish a common cut-off date only for receipt of final proposal revisions. Requests for final proposal revisions
shall advise offerors that the final proposal revisions shall be in writing and that the Government intends to make
award without obtaining further revisions.
(j) Preaward survey. A Government survey activity may contact an offeror, or visit its facility, to obtain information
for determining its financial resources and/or its technical capabilities to perform the work when available
information is not sufficient for the Contracting Officer to make a determination regarding contractor responsibility
as required by FAR Subpart 9.1. Current financial statements and other information required to make this
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determination shall be made available to the survey activity. Information provided shall be protected from release
or disclosure outside the Government, except as provided in FAR Subpart 24.2, Freedom of Information Act.
(k) Organizational conflicts of interest. Award will not be made to an apparent successful offeror when an
organizational conflict of interest is determined to exist and cannot be avoided or mitigated, unless the
Contracting Officer determines that award is in the best interest of the United States and a waiver is obtained
pursuant to DIAR 1409.503 (48 CFR 1409.503).
(l) Source selection decision. The source selection authority’s (SSA) decision shall be based on a comparative
assessment of proposals against all source selection criteria in the solicitation. While the SSA may use reports
and criteria prepared by others, the source selection decision shall represent the SSA’s independent judgment.
The source selection decision shall be documented, and the documentation shall include the rationale for any
business judgments and tradeoffs made or relied on by the SSA, including benefits associated with additional
costs. Although the rationale for the selection decision must be documented, that documentation need not
quantify the tradeoffs that led to the decision.
(m) Postaward notice. After contract award, unsuccessful offerors will be provided with written notice regarding
contract award (including the information listed in FAR 15.503(b)) by the Contracting Officer. Offerors receiving
prior notice of exclusion from the competitive range under paragraph (f) of this provision will not receive this
notice.
(n) Postaward debriefing of offerors. An offeror shall be debriefed and furnished the basis for the source selection
decision and contract award if its written request is received by the contracting officer within three days after the
offeror receives notice of contract award. The process for requesting and conducting postaward debriefings may
be found at FAR 15.506.
WBR GENERAL PROPOSAL INSTRUCTIONS - BUREAU OF JAN 1998
1452.215- RECLAMATION
81
The offeror shall submit a proposal in accordance with the instructions contained in this provision.
(a) General contents. The proposal shall:
(1) Be specific and complete in every detail;
(2) Conform to all solicitation provisions, clauses, or other requirements;
(3) Be logically assembled, practical, legible, clear, concise, coherent; and indexed (cross-indexed, where
appropriate); and
(4) Contain appropriately numbered pages of each volume or part.
(b) Arrangement of Proposal. The proposal shall consist of three (3) physically separated volumes, individually
entitled as stated below. The required number of copies for each volume is shown below:
Volume I: Representations, Certifications, and Other
Statements of Offerors - One Original/One Copy
Volume II: Technical Proposal –- One Original, Five Copies
Volume III: Pricing Proposal -- One Original/One Copy
(c) Separation of Volumes. All copies of each proposal volume (i.e., all copies of Volume I) are to be packaged
individually and clearly marked to identify contents. The exterior of each package containing proposals shall be
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Amendment 0002 to Solicitation R10PS20114
marked with the solicitation number, and the time and date for receipt of proposals and the name and
address of the offeror, in order to prevent mishandling.
(d) Representations, Certifications, and Other Statements (Volume I). Volume I shall incorporate the other
Volumes by reference, but shall not physically include them. It shall consist of:
(1) A fully executed Solicitation, Offer, and Award form required by Section A of this solicitation. It shall
be used as the cover sheet (or first page) of each copy of Volume I;
(2) Fully executed and completed offeror representations, certifications electronically via the Online
Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. In addition, submit
a fully executed hard copy, and acknowledgments required by Section K of this solicitation;
(3) Responsibility Information:
(a) Financial Responsibility Information:
(i) Financial statements (audited, if available) and notes to the financial statements for the last
three (3) fiscal years;
(ii) The information in subparagraph (a) above for each member of the Contractor team
arrangement (FAR 9.6) if a teaming arrangement is used; and
(iii) The information in subparagraph (a) above for any parent corporation(s)
(iv) The names of banks or other financial institutions with which the offeror conducts business.
(b) Other Responsibility Information: Complete and return Section L, Attachment 1 "Offeror
Responsibility Information."
(4) Additional information required by the solicitation to be furnished by the offeror which is not required
to be obtained in another volume of the proposal;
(5) Make-or-buy program (if applicable);
(6) Certificatie of Current Cost of Pricing Data (if required)
(7) Requests for any waivers of any solicitation provisions or contract clauses; and
(8) A summary of any exemptions from, or deviations to, any other solicitation requirements.
(9) Please provide your Dun and Bradstreet Number (DUNS) and Tax Identification Number (TIN)
below:
DUNS: _______________________
TIN: _________________________
(e) Technical Proposal (Volume II) - Reference the requirements contained in the Technical Proposal
Instructions -- Bureau of Reclamation provision of the solicitation, Section L.
(f) Pricing Proposal (Volume III) – Reference the requirements contained in the Pricing Proposal
Instructions -- Bureau of Reclamation provision of the solicitation, Section L. Offerors are hereby notified
that even if cost or pricing data are not initially requested in this solicitation, the Contracting Officer
reserves the right to request such data if they are later found necessary pursuant to FAR 15.403-5(a)(1).
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WBR TECHNICAL PROPOSAL INSTRUCTIONS - APR 2001
1452.215-82 BUREAU OF RECLAMATION
(a) General. The technical proposal shall be identified as Volume II of the offeror's proposal and shall be
an orderly, specific, and complete document in every detail. It should be presented in a manner which
allows it to "stand alone" without the need to reference other documents. It should convincingly describe
the capability of the offeror's organization to participate in this project and effectively demonstrate a
thorough understanding of the work statement contained in Section C of this solicitation. The proposal
shall be organized and written so that it can be easily read and meaningfully evaluated by Reclamation
personnel from a variety of different functional and technical disciplines. It should be a coherent document
free of internal inconsistencies as well as inconsistencies with other volumes of the proposal.
(b) Use and Disclosure of Proposal Information. In accordance with the Use and Disclosure of Proposal
Information -- Department of the Interior provision of this solicitation, offerors shall mark trade secret or
confidential commercial or financial information contained in the proposal with the restrictive legends
specified. The offeror shall also clearly and separately mark all proprietary information (as defined in FAR
3.104-3) contained in the proposal with the restrictive legend "Proprietary Information."
(c) Format and Content. To assist in the uniform evaluation of proposals, the following format shall be
utilized in preparing the technical proposal:
Table of contents. The Table of Contents shall list all sections of the technical proposal. Any future
amendments, additions and/or revisions to the proposal shall be included in an updated Table of
Contents;
(1) Index. The index shall cross reference the work statement to the terms of the proposal and
indicate how the proposal conforms to the evaluation factors contained in Section M;
(2) Enclosures. The enclosures shall include a list of any tables, drawings, charts, and any other
enclosures which summarize data or information;
(3) Executive summary. The Executive Summary shall include a brief discussion of how the required
work will be performed and important highlights of the proposal;
(4) Technical approach proposed to accomplish the work statement. The discussion of the technical
approach shall:
(i) See item (f) below; and
(ii) Address each of the factors listed in the Technical Evaluation Criteria in Section M of
this solicitation.
(d) Unpriced Cost/Price Information. To permit objective evaluation of the technical proposal, no cost or
price information shall be included in the technical proposal. However, the proposal shall include:
(1) A breakdown of unpriced labor hour estimates for each labor category proposed to accomplish
each task or phase of the work and the basis for each estimate;
(2) Identification of the types, hours and quantities of proposed materials and equipment necessary
to perform the work.
(e) Facilities and equipment information. The offeror shall provide information on any special plant,
equipment, or test facilities (including Government property) required to perform and accomplish the work
statement. The need for the special equipment or facilities shall be fully substantiated and include the
extent to which the work can be accomplished without them. Information on alternate sources considered
for the equipment or facilities shall also be included.
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(f) Supplemental technical proposal instructions. The following are specific instructions for preparation
and content of the technical proposal to supplement the above information:
Factor 1- Technical Plan for Construction: The Technical Plan for Construction shall include a written
narrative of the technical plan and construction sequence for all required work under the bid schedules
and be supplemented with a coordinated construction schedule. Both the narrative plan and the schedule
shall be tied to the requirements contained in the specifications, Section F, Commencement, Prosecution,
Completion of Work and Section I, Limitation of Funds.
Subfactor 1A. Technical Plan and Construction Sequence:
The technical plan and construction sequence shall include a clear description of each of the following
features of work and the planned operational sequence for the work specifically related to the site
conditions, (including work space limitations, safe access, weather, reservoir elevation and operation,
environmental restrictions, and other Contractor activities), specifications, and operational restrictions, and
contract milestones. Specific statements of any interpretations, deviations, and exceptions to the work
statement, specifications, or other solicitation requirements, offerors are cautioned that deviations and
exceptions to the solicitation requirements may be detrimental to the evaluation of a proposal. At a
minimum the following items shall be included:
a. Excavation Support and Protection for the Key-block construction including planned means and
methods for wall system construction, dewatering as required, and sequencing of excavation and
installation of staged excavation support as required. The plan will discuss how the offeror plans to
meet all design criteria and execution requirements discussed in Section 31 41 00 - Excavation
Support and Protection of the specifications. It will include a summary outline of submittal RSN 31 41
00-1 - Key-block Excavation Support Plan, which shall include: Table of contents, and lists of types
of design loading conditions including a summary table of minimum allowable factors of safeties for
all loading conditions to be considered. No design calculations are required for proposal. All design
standards and methodology shall be state-of-the-practice. Design Criteria listed in Section 31 41 00 -
Excavation Support and Protection shall be addressed including, but not limited to, the assumption of
groundwater levels external to the excavation support system. Also, provide contingency plans
including required equipment to rectify the inability of proposed construction methods, including but
not limited to overcoming difficult foundation conditions during installation.
b. Excavation of the Key-Block including means and methods for excavating down to final grade,
proposed means for providing personnel access, dewatering/unwatering for government inspection
mapping.
c. Lean Concrete and Backfill Placement including sizes, rated capacities, and general features of
onsite material processing plant including transporting, storing, screening, and washing facilities;
sizes, rated capacities, and general features of Lean Concrete batching and mixing plant; means,
methods and rates of conveying and placing Lean Concrete and select backfill in accordance with the
specifications.
d. Removal and control of water including means and methods for dewatering foundation and
unwatering excavation; controlling surface runon/off; handling, treating as required, and disposing of
water in accordance with specifications.
e. Access, staging, hauling and stockpile plan shall show the offeror’s planned methods to access the
sites for work. It will include but not be limited to preliminary traffic control plan (including use of
public roads and ―shared‖ access roads), improvements to existing roads, points of access to the
work sites, haul patterns (for onsite and offsite vehicles), proposed locations for staging office trailers,
cement and materials storage, processing and batching facilities, water containment structures and
other major components located onsite. The plan shall show the planned means and methods for
hauling and stockpiling or embanking all excavated materials for the work. It will include but not be
limited to locations for stockpiles (permanent and temporary), planned haul routes and haul patterns
for hauling materials to, from and onsite. The plan shall show the planned means for allowing access
to the Government Yard within the Contractor Use Area.
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Amendment 0002 to Solicitation R10PS20114
Subfactor 1B. Coordinated Construction Schedule: For the purpose of developing your construction
schedule and in analyzing offers only, use a Notice to Proceed date of September 1, 2010. All offerors
shall assume a 21 calendar day duration for the time needed by the Government between the completion
of the Schedule 1 work and the NTP for the Schedule 2 work in the development of the schedule. The
NTP date and time between schedules is only an estimate for evaluating purposes and does not change
the requirements in the Commencement, Prosecution and Completion of Work section of the
specifications. Estimated time assumes there will be no delays as a result of the failure of the Contractor
to execute the contract, provide the required performance and payment bonds within the specified time in
offer, or otherwise fulfill requirements. The offeror shall clearly state their proposed completion date(s) if
it differs with the proposed contract duration(s) contained in Section F.
The coordinated construction schedule shall include:
a. A bar chart and logic diagram and shall include the principal components of the work listed in the
specifications. The schedule shall show durations of the principal components of the work with
anticipated start and finish dates and total float. The schedule shall include critical submittals along
with time for submittals and associated Government approvals. The construction schedule shall be in
such detail to show the sequencing of the principal components of work contained in the schedule and
other activities or information required to accurately portray the offeror’s proposed schedule. The
schedule shall meet the schedule requirements of specification section 01 32 10, Construction
Program and shall include a CD-ROM of the data files for the schedule in a format referenced in
section 01 32 10. In addition to the requirements contained in section 01 32 10, the schedule shall
describe resources including assumed production rates, equipment types, capacities, sizes, shifts,
and crew sizes. The resource descriptions shall cover all major activities, be directly correlated to the
schedule, and shall take the form of a written or tabular supplement to the schedule.
b. A specific statement, which analyzes the schedule and describes any problems or major difficulties
anticipated in performing or accomplishing the work, an evaluation of the various methods considered
for resolution of the problem/difficulties, substantiation of the method(s) related, principles or
techniques proposed to solve the problem, and the degree of success expected.
Subfactor 1C. Environmental and Social Considerations: The environmental and social
considerations the offerors have proposed for the work shall include but not be limited to work hours
proposed over the duration of the contract, security procedures, dust and asbestos
abatement/management, noise abatement techniques, erosion control and water quality impacts,
vegetation impacts, air emissions from equipment to meet county requirements, and traffic abatement to
local residences. The offeror shall include specific efforts to minimize impacts to local residences,
recreational public, and Government operations.
Factor 2 - Past Performance: It is considered important to the Government that the offeror has
substantiated past performance with construction work utilizing the specific means and methods included
in the offeror’s proposal and to the work requirements contained within this solicitation. This is important
in order to adequately plan the specified work and to be prepared for the situations likely to occur during
the execution of this work.
The offeror shall furnish a list of Federal, State, local government or commercial projects similar in scope,
complexity, and magnitude to the work required under this solicitation. This section shall contain complete
and detailed information regarding contracts undertaken by the offeror’s and subcontractor’s companies,
or its joint ventures. Be advised the government will contact references and may obtain information from
sources not provided by the offeror. This experience should include projects within the period of 5 years
immediately prior to submission of this offer. At least one of those projects must utilize the same
excavation support system, be in excess of $20 million, and the contract performance must have been at
least 12 months and include management of multiple shifts of operation.
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Amendment 0002 to Solicitation R10PS20114
a. Provide the following information for each project (with valid and up-to-date contact information):
1. Name and location of project.
2. Description of work.
3. Original completion time and date, and actual dates and duration of each project.
4. Name, address and telephone number of owner or owner’s representative.
5. Initial contract amount and final contract amount (including modifications).
6. For Joint venture, provide percentage of each company’s participation and brief description of
work performed by each company.
7. Percentage of work actually performed by the offeror’s company.
8. Any problems encountered in performance of the work and corrective action(s) taken.
9. Name, telephone number, e-mail address of at least one reference from the acquiring customer
who may be contacted for further information.
10. Highlight or otherwise indicate relevance to work required under this solicitation.
b. List only those contracts that are comparable in size and complexity to this solicitation. If the total
number of such contracts exceeds four, the offeror shall address the four most recent contracts that are
closest to this solicitation in complexity and magnitude.
1. If an offeror is newly formed and has limited past performance of projects of the same degree of
complexity and magnitude as this solicitation as a firm, but has key personnel who possess such
experience or is a new business entity previously a part or division of another firm, it may submit
the past performance information for those employees or firms.
2. Experience gained as a joint venture shall be included only if the offeror sponsored the joint
venture, and performed at least 50% of the actual work.
c. Furnish a description of the organizational structure and function of the jobsite management and
home office. Indicate the capabilities and experience of project management.
d. If offeror intends on utilizing subcontractors to perform critical elements such as excavation
support design, excavation support construction, dewatering/unwatering, material processing, and/or
cementatious material batching portions of the project, include the same required information for each
subcontractor.
e. An offeror without a record of relevant past performance for whom past performance is not
available will be given a neutral rating.
Factor 3 - Experience: It is considered important to the Government that the offeror and their key site
personnel have substantiated experience with construction of work utilizing the specific means and
methods included in the offeror’s proposal and to the work requirements contained within this solicitation.
This is important in order to adequately plan the specified work, and to be prepared for the situations
likely to occur during the execution of this work. This experience shall be presented below.
Subfactor 3A. Key Personnel: The Project Manager, Superintendant, Safety Professional, and
Structural Engineer are considered key personnel who will oversee the major tasks involved in the
accomplishment of the work activities. If a joint venture is proposed a single Project Manager and
Superintendent shall be utilized.
a. Furnish resume information, which includes previous jobsite responsibilities on major
contracts for key personnel on this project. Be advised the government will contact
references and may obtain information from sources not provided by the offeror.
1. The key personnel resume information shall include:
a. Name and position to be assigned.
b. Education, background, experience, certifications, accomplishments, and other
pertinent information that demonstrates their suitability for the work assigned to them.
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Amendment 0002 to Solicitation R10PS20114
c. Past project names, primary project features, dates of assignment, position occupied
and description of duties for qualifying experience, and valid (up-to-date) contact
information for project owner reference.
d. Highlight or otherwise indicate relevant experience to proposed position assignment
and solicitation.
2. If the offeror plans to subcontract critical elements such as excavation support design, excavation
support construction, dewatering/unwatering, material processing, and/or cementatious material
batching portions of the project, then the same key personnel experience information shall be
provided for these subcontractors.
3. Include a statement of assurance that the proposed key personnel, subcontractors, and/or
consultants will be available for work on this contract.
4. Provide a list of alternate personnel sources to be utilized in the event proposed personnel are not
available as planned (Include full resume by name of all additional personnel listed)
Subfactor 3B. Corporate Experience: It is considered important to the Government that the offeror
have substantiated corporate experience. Corporate experience shall be presented for the prime
Contractor, major subcontractors and structural engineering design firm in tabular form and shall include
(with valid and up-to-date contact information):
a. Name, location, dates and duration of each project.
b. Description of primary project features.
c. Name, address, and telephone number of owner or owner’s representative.
d. Form of contract used, and company’s contractual relationship with owner (e.g. prime, sub or joint
venture sponsor).
e. For joint ventures, provide the percentage of each company’s participation and a brief description the
work perform by each company.
f. Percentage of work actually performed by the Contractor’s company.
g. Original and final contract values for each project.
h. Original and actual completion times and dates, including explanations of any time extensions
granted.
Factor 4 – Safety: Provide a list of the following safety data:
Subfactor 4A. Safety Experience:
a. The offeror’s Experience Modification Rate (EMR) for each of the last 3 years.
b. The offeror’s injury/illness incident rates and lost time incident rates for each of the
last 3 years.
c. Description of any serious, willful, or repeat violations that the offeror has been either
cited or assessed penalties in the past 5 years by Federal or State OSHA.
d. List of any safety or environmental awards or recognition the offeror has received
during the past 5 years.
Subfactor 4B. Hazard Analyses:
a. Provide a list of site-specific job hazard analyses (JHA’s) planned for the project.
Factor 5 – Small Business Subcontracting
Large business offerors shall provide a detailed plan demonstrating their commitment to utilize
subcontracting with Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small
Business (WOSB), HUBZone Small Business (HUBZone), Veteran-Owned Small Business (VOSB), and
Service-Disabled Veteran-Owned Small Business (SDVOSB). Use the format provided in Section J of this
Solicitation titled ―Subcontracting Plan‖.
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Amendment 0002 to Solicitation R10PS20114
Large business offerors shall submit the subcontracting plan required by FAR 52.219-9 as part of their
proposal. It shall be included in Volume I. Failure to submit a plan may make the offeror ineligible for
award of a contract.
Small businesses are exempt from providing a small business subcontracting plan.
Factor 6 – Cost/Price
WBR PRICING PROPOSAL INSTRUCTIONS– BUREAU OF RECLAMATION JAN 1998
1452.215-83
(a) General. The pricing proposal shall be identified as Volume III of the offeror's proposal and shall be an
orderly, specific, and complete document in every detail. It should be a coherent document free of internal
inconsistencies and should be consistent with the technical approach(es) proposed in the technical
proposal (Volume II). Offerors are hereby notified that even though cost or pricing data are not initially
requested in this solicitation, the Contracting Officer reserves the right to request such data if they are
later found necessary pursuant to FAR 15.403-5(a)(1).
(b) Use and Disclosure of Proposal Information. In accordance with the Use and Disclosure of Proposal
Information -- Department of the Interior provision of this solicitation, offerors shall mark trade secret or
confidential commercial or financial information contained in the proposal with the restrictive legends
specified. The offeror shall also clearly and separately mark all proprietary information (as defined in FAR
3.104-3) contained in the proposal with the restrictive legend "Proprietary Information."
(c) Format and Content. To assist in the uniform evaluation of proposals, the following format shall be
utilized in preparing the pricing proposal:
(1) Table of contents. The Table of Contents shall list all sections of the pricing proposal. Any
modifications or revisions to the proposal, up to the date of agreement on price, shall include an
updated Table of Contents;
(2) Index. The index shall cross reference the work statement to the terms of the proposal and indicate
how the proposal conforms to the evaluation factors contained in Section M of this solicitation;
(3) Enclosures. A list shall be included of all enclosures, attachments, tables, drawings, charts, and any
other material which summarizes data or information contained or referenced in the pricing proposal.
(4) Pricing proposal breakdown. The offeror shall submit information other than cost or pricing data
in addition to Section B of the contract Schedule (Part I of the solicitation) with its proposed total
prices/costs for each contract line item (including any options) and proposed unit price(s), and a total
proposed price consisting of the sum of all contract line items (excluding options) shall be submitted. In
addition, the offeror shall provide a complete break-out of each line item. The break-out shall
include:
(a) all direct inputs, such as labor hours by labor discipline; materials, by type of material and quantity;
subcontractor costs, including hourly rates and material as applicable; and equipment rental,
(b) costs for all direct inputs
(c) all overhead and profit
(d) Cost Information in Other Volumes. No cost information shall be included in any other volume of a
proposal unless required by paragraph (d) of the Technical Proposal Instructions -- Bureau of Reclamation
provision of this solicitation.
(e) Page Numbering. All pages in the cost proposal should be consecutively numbered (including pages
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Amendment 0002 to Solicitation R10PS20114
with tables and exhibits). The offeror shall clearly identify all exhibits and supporting information.
(f) Rounding of Costs. All price or cost amounts proposed shall be expressed to the nearest whole dollar
except for individual hourly labor rates (if required). All percentages shall be expressed to one decimal
place.
(g) Alternate Proposals. If submission of alternate technical proposals is permitted by the General
Proposal Instructions -- Bureau of Reclamation provision of this solicitation, the offeror shall submit a
separate, detached pricing proposal conforming to the requirements of this provision for each alternate
submitted. The alternate pricing proposal(s) shall be clearly labeled and identified.
WBR INSTRUCTION FOR MOBILIZATION AND PREPARATORY WORK MAY 2000
1452.236- SCHEDULE LINE ITEM - BUREAU OF RECLAMATION
85
The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line item
should not exceed 5 percent of the total bid price. Your attention is directed to contract clause WBR
1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay
for this line item, including how payment will be made when the price bid for this schedule line item is
higher than the percentage stated herein.
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Amendment 0002 to Solicitation R10PS20114
SECTION M - EVALUATION FACTORS FOR AWARD
FAR 52.217-5 EVALUATION OF OPTIONS JULY 1990
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best
interests, the Government will evaluate offers for award purposes by adding the total price for all options
to the total price for the basic requirement. Evaluation of options will not obligate the Government to
exercise the option(s).
WBR EVALUATION FACTORS FOR AWARD – MAY 2005
1452.215-85 QUALITY PREDOMINANCE - BUREAU OF RECLAMATION
(a) Award will be made to the responsible offeror submitting a proposal which conforms to the solicitation
and is most advantageous to the Government considering the factors and any significant subfactors listed
in this provision.
(b) In the evaluation of proposals, all evaluation factors other than cost or price (listed in this provision),
when combined, are considered to be significantly more important than cost or price. The relative
importance to be placed on the factors in relation to each other is contained in page M-5 of this section.
However, the degree of importance of cost or price may increase with the degree of non-cost or non-price
equality between the proposals. If a proposal is determined by the Contracting Officer to be "technically
unacceptable" as a result of evaluating all factors other than cost or price, the proposal may be rejected
from further consideration. The Contracting Officer reserves the right to make award to other than the
technically-acceptable offeror with the lowest cost/price proposal if it is determined that the technical
benefits of another offeror's proposal justify its higher cost/price. The Contracting Officer also reserves the
right to make award to a lower-cost/price, lower-scored offeror if it is determined that the cost/price
premium involved in awarding to a higher-rated, higher-cost/price offeror is not justified. Since technical
proposals are being solicited to obtain information to be used in the evaluation, the Government
reserves the right to use information outside of the proposal to evaluate the capability of offerors
and the value of offers.
(c) A price analysis will be performed. Prices will be evaluated to ensure reasonableness. Also, the CO
may evaluate prices to ensure they are not so low as to present a performance risk or to indicate a lack of
understanding of the requirements. The CO may also consider whether individual CLIN prices are
unbalanced.
(d) The following factors and significant subfactors (if listed), will be considered in evaluating proposals
and making the source selection:
Factor 1: Technical Plan for Construction: The offeror’s proposed approach in its Technical Plan for
Construction will be evaluated to determine the offeror understands the requirements of the contract and
has the ability to successfully complete the required work within the performance period and in
accordance with Section F.
Subfactor 1A. Technical Plan and Construction Sequence: The Government will evaluate the offerors
proposed technical plan and construction sequence including means and methods for each of the major
construction elements.
Major construction elements are:
a. Wall system construction
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Amendment 0002 to Solicitation R10PS20114
b. Sequencing of excavation and installation of staged excavation support as required and providing
personnel access, dewatering/unwatering for government inspection mapping.
c. CLSM and Backfill Placement
d. Removal and control of water
e. Access, staging, hauling and stockpile plan
Evaluation of offerors means and methods for each of the above listed construction elements for
excavation support and Key-block construction will be evaluated based on:
a. Suitability of proposed design for site conditions (Are the proposed M&M suitable for site conditions
including subsurface materials?)
b. Completeness and reasonableness of offeror’s plans to meet all design criteria and execution
requirements discussed in Section 31 41 00 - Excavation Support and Protection (subsection 1.06
Design Criteria) of the specifications.
c. Completeness and reasonableness of summary outline of submittal RSN 31 41 00-1 - Key-block
Excavation Support Plan, which shall include: Table of contents, and lists of types of design loading
conditions including a summary table of minimum allowable factors of safeties for all loading
conditions to be considered. No design calculations are required for proposal. All design standards
and methodology shall be state-of-the-practice.
d. Contingency plans including required equipment to rectify the inability of proposed construction
methods, including but not limited to, overcoming difficult foundation conditions during installation.
Subfactor 1B. Coordinated Construction Schedule:
a. The government will evaluate the offerors coordinated construction schedule for the principal
components of work listed in the specifications. The schedule will also be evaluated for completeness
and reasonableness with regard to specified milestones, constraints, logical activity relationships,
durations, the proper resource loading, and inclusion of all major activities.
b. The government will evaluate the specific statements of problems or major difficulties anticipated in
performing or accomplishing the work, an evaluation of the various methods considered for resolution
of the problems/difficulties, substantiation of the method(s) selected, principles or techniques which
are proposed to solve the problem including required equipment, and the degree of success expected.
c. The government will evaluate the specific statements of any interpretations, deviations, and
exceptions to the work statement, specifications, or other solicitation requirements (unless alternate
proposals are permitted by the General Proposal Instructions -- Bureau of Reclamation provision of
this solicitation, offerors are cautioned that deviations and exceptions to the solicitation requirements
may be detrimental to the evaluation of a proposal).
Subfactor 1C - Environmental and Social Considerations: The offeror’s proposal will be evaluated for
work hours proposed, reasonable and prudent measures for noise and traffic abatement, air emission
conformity, security procedures, dust and asbestos abatement and/or management, erosion control and
water quality, vegetation impacts, and traffic abatement to local residences. The offeror will be evaluated
regarding specific efforts to minimize impacts to local residences, recreational public, and government
operations.
Factor 2 - Past Performance: It is considered important to the Government that that offeror’s firm has
substantiated past performance with construction of work utilizing the specific means and methods
included in the Contractor’s proposal. The Government shall evaluate that Contractor’s firm has
substantiated past performance with top-down construction and other critical elements such as excavation
support design, excavation support construction, dewatering/unwatering, material processing,
cementatious material batching, and any additional relevant past performance provided by the Contractor.
The Contractor’s proposal shall demonstrate the Contractor’s understanding of the work requirements
contained within this solicitation; performance of work under critical completion timeframes; and
performance of work under critical environmental and social constraints.
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Amendment 0002 to Solicitation R10PS20114
This is important in order to adequately plan the specified work and to be prepared for the situations that
could possibly occur during the execution of this work on a high hazard dam.
The areas of past performance to be presented are shown below.
The government will evaluate the furnished list of Federal, State, local government or commercial projects
similar in scope, complexity, and magnitude to the work required under this solicitation, which the offeror
has completed during the last 5 years or now has on-going. The government will evaluate whether offeror
has successfully performed similar work utilizing the type of excavation support system to that proposed.
The government will contact references and may utilize information from sources not provided by the
offeror.
A The government will evaluate the following information provided for each project:
1. Name and location of project.
2. Description of work.
3. Original completion time and date, and actual dates and duration of each project.
4. Name, address and telephone number of owner or owner’s representative.
5. Initial contract amount and final contract amount (including modifications).
6. For Joint venture, provide percentage of each company’s participation and brief description of
work performed by each company.
7. Percentage of work actually performed by the offeror’s company.
8. Any problems encountered in performance of the work and corrective action(s) taken.
9. Name, telephone number, e-mail address of at least one reference from the acquiring customer
who may be contacted for further information.
10. Highlight or otherwise indicate relevance to work required under this solicitation.
b. The government will evaluate the four most recent contracts, which are closest in size and complexity
to this contract to determine the offerors experience with their proposed methods and comparable
experience to this solicitation.
1. Newly formed offeror’s that have limited past performance on projects of the same degree of
complexity and magnitude as this solicitation as a firm, but have key personnel who possess such
experience or is a new business entity previously a part or division of another firm, that have
submitted past performance information for those employees or firms will be evaluated by the
government.
2. The government will evaluate experience gained as a joint venture when the offeror sponsored
the joint venture, and performed at least 50% of the actual work.
c. The government will evaluate the organizational structure and function of the jobsite management and
home office. The government will evaluate the capabilities and experience of project management in
the areas of engineering, contract administration, construction scheduling, estimating, design,
purchasing, accounting, safety, automatic data processing, and equipment management.
d. The government will evaluate each of the offeror’s proposed subcontractors that will perform any work
beyond supplying materials.
e. The government will view an offeror without a record of relevant past performance for whom past
performance is not available with a neutral rating.
Factor 3 - Experience: The government will evaluate the furnished experience for projects similar in
scope, complexity, and magnitude to the offeror’s proposed methods and work required under this
solicitation. The government will contact references and may utilize information from sources not provided
by the offeror.
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Amendment 0002 to Solicitation R10PS20114
Subfactor 3A. – Key Personnel:
a. The government will evaluate the relevance of the furnished resume information for previous jobsite
responsibilities on major contracts for individuals who will occupy the key function on this project.
b. The government will evaluate key personnel including the Project Manager, Superintendent, Safety
Professional and Structural Engineer who will oversee the major tasks involved in the construction of
this project .
c. The government will evaluate resume information including:
1) Name and tasks to be assigned.
2) Education, background, experience, certifications, accomplishments, and other pertinent
information that demonstrates their suitability for the work assigned to them.
3) Project names, locations, dates, details, position occupied, and description of duties for qualifying
experience.
a) The government will evaluate the resume information for offeror’s provided subcontractors
identified to perform any work beyond supplying materials.
b) The government will evaluate the statement of assurance that the proposed key personnel,
subcontractors, and/or consultants will be available for work on this contract.
4) The government will evaluate the provided list of alternate personnel sources to be utilized in the
event proposed personnel are not available as planned (Including the full resume by name of all
additional personnel listed).
Subfactor 3B. Corporate Experience:
a. The offeror’s responses to this factor will be evaluated to determine the offeror’s experience
performing construction work of similar scope, similar dollar value and duration. The type, size,
complexity and number of projects will be evaluated. Any problems encountered in performance of
the work and corrective actions taken will be evaluated. The government will contact references and
may utilize information from sources not provided by the offeror.
Factor 4 - Safety: The government will evaluate the following safety data:
Subfactor A - Safety Experience: The Government will evaluate the offeror’s and major subcontractor’s
past safety record and experience, using the list of safety data, or other information available to the
Government.
Subfactor B- Hazard Analyses: The Government will evaluate the offeror’s list of hazard analysis to
determine if the offeror has a reasonable understanding of the hazards involved during the construction of
the project, as well as, anticipate conditions that could create an unsafe or unhealthful work condition for
employees.
Factor 5: Commitment to subcontracting to –
(a) Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB),
HUBZone, Small Business (HUBZone), Veteran-Owned Small Business (VOSB), and Service-Disabled
Veteran-Owned Small Business (SDVOSB).
The subcontracting plan will be evaluated against the government’s Small Business Goals as follows:
Subcontracting Category Goal
Small Business 40%
Small Disadvantaged Business 5%
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Amendment 0002 to Solicitation R10PS20114
Women-Owned Small Business 5%
HUBZone Small Business 5%
Veteran-Owned Small Business NA
Service Disabled Veteran-Owned Small Business 3%
(b) To achieve these goals, the Government will evaluate all large business offerors on the basis of the
extent to which offerors identify and commit to utilize SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB
firms as joint venture members, teaming arrangement members, or as subcontractors.
Factor 6: Cost/Price.
Factors 1 through 5 are listed in descending order of importance, with the most important factor listed first.
Factors 1 through 4 are called ―the technical factors‖. The relative importance of the technical factors
listed in paragraph (d) of this provision is as follows:
a. Factor 1 is more important than Factors 2.
b. Factor 2 is more important than Factor 3.
c. Factor 3 is more important than Factor 4.
Within each factor, subfactors are listed in descending order of importance with the most important
subfactor listed first. Some subfactors are broken down further into sub-subfactors which are also listed in
descending order of importance with the most important listed first. Factors 1 through 4, taken together,
are significantly more important than Factor 6, cost/price. Factor 5 is significantly less important than
each of the other factors.
No multiple awards will be made. Offers will be considered for award based upon the total of Schedules 1
and 2, but no offer will be considered for award on only part of the schedules. Only Schedule 1 will be
awarded initially. Award of Schedule 2 will be contingent upon the successful performance of Schedule 1.
Following the completion of the placement of the lean concrete in Schedule 1, the Government will
evaluate the performance of all work in Schedule 1 with particular emphasis on the following: 1)
Performance of the excavation support and protection, 2) removal and control of water, 3) execution of the
excavation and preparation of final foundation surface, and 4) placement of the lean concrete. The
Government will make a determination as to whether to award Schedule 2 within 21 days from the final
placement of the lean concrete in Schedule 1.
NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT PROCUREMENT AGREEMENT
EVALUATIONS
In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round
Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade
Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In
order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any
other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in
FAR 25.402(b) without regard to the restrictions of the Buy American Act.
M-5