SOLICITATION NO. R13PS40020
GSU Transformers and Associated
Equipment Replacements
Glen Canyon Power Plant
Middle River Division – Glen Canyon Unit – Arizona – Utah
Colorado River Storage Project
Volume 1 of 2
GSU Transformers and Associated Equipment Replacements
Glen Canyon Power Plant
Middle River Division – Glen Canyon Unit – Arizona – Utah
Colorado River Storage Project
FOREWORD
Work is located approximately 3 miles northwest of Page, Arizona in Coconino County.
Principal components of work include removing and disposing of existing GSU power
transformers, furnishing, testing, and installing new GSU power transformers; removing and
disposing existing isolated phase bus and bushing connecting GSU power transformers to
generator synchronizing breakers, furnishing, testing and installing new isolated phase bus and
bushing connecting GSU power transformers to generator synchronizing breakers; removing and
disposing existing isolated phase bus between the generator synchronizing breakers and the
generators, furnishing, testing and installing new isolated phase bus between the generator
synchronizing breakers and the generators; removing and disposing existing potential
transformers, generator surge protectors and associated cubicles attached to existing isolated
phase bus, furnishing, testing and installing new potential transformers, generator surge
protectors and associated cubicles; removing and disposing existing generator output bushings,
furnishing, testing and installing new generator output bushings; constructing new cast-in-place
concrete fire walls; furnishing and installing new transformer seismic anchorage systems;
removing and disposing of existing oil-spill containment systems; and furnishing and installing
new oil-spill containment systems.
PRE-BID SITE VISIT: A PREBID SITE VISIT WILL BE HELD ON MARCH 26, 2013,
FROM THE CARL HAYDEN VISITOR’S CENTER AT GLEN CANYON DAM, PAGE,
AZ, BEGINNING AT 9:00 AM. PARTIES PLANNING TO ATTEND THE SITE VISIT
MUST SEND THE COMPANY NAME, AND NAME OF ATTENDEES, IN WRITING,
TO:
MATT JACKSON, GC-200
GLEN CANYON FIELD DIVISION
P.O. BOX 1477
PAGE, ARIZONA, 86040-1477
EMAIL: MBJACKSON@USBR.GOV
AT LEAST THREE DAYS BEFORE THE DATE OF THE SITE VISIT.
FOR INFORMATION REGARDING BUREAU OF RECLAMATION'S PUBLICATION
"RECLAMATION SAFETY AND HEALTH STANDARDS" (2009 EDITION) WHICH IS
APPLICABLE TO WORK UNDER THIS CONTRACT, SEE CLAUSE AT "WBR
1452.223-81 SAFETY AND HEALTH."
This page intentionally left blank.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 5 of 157
TABLE OF CONTENTS
SECTION A – Solicitation – Contract Form
SECTION B – Supplies Services and Prices
B.2 Warranted Characteristics
SECTION C – Description/Specifications/Statement of Work
SECTION D – Packaging and Marking
SECTION E -- Inspection and Acceptance
E.1 Inspection Of Supplies--Fixed Price
E.2 Responsibility for Supplies
E.3 Inspection of Construction
SECTION F -- Deliveries or Performance
F.1 FOB Destination
F.2 Clauses By Reference
F.3 Commencement, Prosecution, and Completion of Work
F.4 Liquidated Damages--Construction
F.5 Time Extensions
F.6 Variation in Estimated Quantity
F.7 Clauses By Reference
SECTION G -- Contract Administration Data
G.1 Authorities and Delegations
G.2 Reclamation Invoicing Submission Requirements
G.3 Postaward Conference--Bureau of Reclamation
SECTION H -- Special Contract Requirements
H.1 Contractor Performance Assessment Reporting System
SECTION I -- Contract Clauses
I.1
Clauses By Reference
I.2
Payments
I.3
Limitation on Witholding of Payment
I.4
Extras
I.5
Prompt Payment
I.6
Warranty Of Supplies Of A Complex Nature
I.7
Failure to Meet Performance Warranties - Alternate VI--Bureau of
Reclamation
I.8
Clauses By Reference
I.9
Release of Claims--Department of the Interior
I.10 Limitations On Subcontracting
I.11 Buy American Act – Construction Materials Under Trade Agreements
I.12 Bid Guarantee
I.13 Performance and Payment Bonds--Construction
I.14 Payments under Fixed-Price Construction Contracts
I.15 Prompt Payment for Construction Contracts
I.16 Superintendence by the Contractor
I.17 Other Contracts (Apr 1984) (DEVIATION)
I.18 Schedules for Construction Contracts
I.19 Preconstruction Conference
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Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 6 of 157
I.20
I.21
I.22
I.23
Warranty of Construction
Safety and Health--Bureau of Reclamation
Equipment Ownership and Operating Expense--Bureau of Reclamation
Payment for Mobilization and Preparatory Work - Alternate III--Bureau of
Reclamation
I.24 Other Invoice Requirements--Bureau of Reclamation
I.25 Preservation of Cultural Resources--Bureau of Reclamation
I.26 Clauses By Reference
I.27 Non-Discrimination Notice to US Department of the Interior Contractors,
Subcontractors and Lessors
I.28 Authorized Workers Notice to Potential Bureau of Reclamation Contractors
I.29 Restriction on Endorsements--Department of the Interior
I.30 Liability Insurance -- Department of the Interior
I.31 Prohibition Against Use of Lead-Based Paint -- Department of the Interior
I.32 Central Contractor Registration
I.33 Personal Identity Verification of Contractor Personnel
I.34 Updates of Publicly Available Information Regarding Responsibility
Matters
I.35 Notice Of Total Small Business Set-Aside
I.36 Subcontracts for Commercial Items
I.37 Authorized Deviations In Clauses
I.38 Asbestos-Free Warranty--Bureau of Reclamation
I.39 Protecting Federal Employees and the Public from Exposure to Tobacco
Smoke in the Federal Workplace -- Bureau of Reclamation
I.40 Certification of Representatives for Corporate Sureties--Bureau of
Reclamation
I.41 Limitation of Funds (Fixed-Price Contract)--Bureau of Reclamation
I.42 Claims Accounting--Bureau of Reclamation
I.43 Security Requirements--Bureau of Reclamation
I.44 Modification Proposals - Alternate IV--Bureau of Reclamation
SECTION J – List of Attachments
SECTION K -- Representations, Certifications and Other Statements of Offerors
K.1
K.2
K.3
K.4
K.5
K.6
Place of Manufacture
Certificate Of Independent Price Determination
Annual Representations and Certifications
Information Regarding Responsibility Matters
Preparation of Proposals--Construction
Class Deviation - Limitation with Respect to Felony Criminal Convictions
and Delinquent Tax Debts
K.7 Organizational Conflict of Interest -- Bureau of Reclamation
SECTION L -- Instructions, Conditions and Notices to Bidders
L.1 Clauses By Reference
L.2 Use and Disclosure of Proposal Information--Department of the Interior
L.3 Instructions to Offerors--Competitive Acquisition - Alternate II
81
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Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
L.4
Page 7 of 157
Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data - Alternate IV
L.5 Type Of Contract
L.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity for Construction
L.7 Preaward On-Site Equal Opportunity Compliance Review
L.8 Notice of Buy American Act Requirement - Construction Materials Under
Trade Agreements
L.9 Site Visit (Construction) - Alternate I
L.10 Notice of Intent to Acquire Metric Products and Services -- Bureau of
Reclamation
L.11 Source Evaluation and Selection Procedures -- Bureau of Reclamation
L.12 General Proposal Instructions -- Bureau of Reclamation
L.13 Technical Proposal Instructions -- Bureau of Reclamation
L.14 Pricing Proposal Instructions -- Bureau of Reclamation
L.15 Notice of Applicability--Cooperation with Authorities and Remedies - Child
Labor--Bureau of Reclamation
L.16 Notice of Proposed Partnering--Bureau of Reclamation
L.17 Instruction for Mobilization and Preparatory Work Schedule Line Item Multiple Schedules--Bureau of Reclamation
SECTION M -- Evaluation Factors for Award
M.1 Evaluation Of Options Exercised At The Time Of Contract Award
M.2 Evaluation Factors for Award -- Quality Predominance -- Bureau of
Reclamation
M.3 Notice of World Trade Organization Government Procurement Agreement
Evaluations--Bureau of Reclamation
M.4 Evaluation of Equipment Efficiencies and Losses - Alternate V--Bureau of
Reclamation
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Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 8 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 9 of 157
SECTION A – SOLICITATION/CONTRACT FORM
(See the first page of this document for the Standard Form 33 – Solicitation, Offer, and Award
Cover Sheet.)
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 10 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 11 of 157
SECTION B - SUPPLIES OR SERVICES AND PRICES
GSU TRANSFORMERS AND ASSOCIATED EQUIPMENT REPLACEMENT
GLEN CANYON POWER PLANT
MIDDLE RIVER DIVISION – GLEN CANYON UNIT – ARIZONA - UTAH
COLORADO RIVER STORAGE PROJECT
(a)
Offers will be considered for award on the following schedules, but no offer will be
considered for award on only a part of the schedules.
(b)
Schedules A-2(a), and A-2(b), are optional schedules for Schedules A-1 and A-3.
Schedules B-2(a) and B-2(b) are optional schedules for Schedules B-1 and B-3.
Schedules C-2(a) and C-2(b) are optional schedules for Schedules C-1 and C-3.
Schedules D-2(a) and D-2(b) are optional schedules for Schedules D-1 and D-3. The
Government will evaluate schedules A-1, A-3, B-1, B-3, C-1, C-3, D-1, and D-3 plus
either optional schedules 2(a) or optional schedules 2(b) and award will be made to the
Offeror with the best value to the Government and may not necessarily be the lowest total
of all schedules.
(c)
All offers are subject to the terms and conditions of this solicitation.
(d)
The quantities in the schedules A-3, B-3, C-3, and D-3 are estimated quantities for
comparison of offers only, and except as provided in the contract clause at FAR 52.21118, Variation in Estimated Quantity, no claim shall be made against the Government for
overruns or underruns.
(e)
See the contract clause at WBR 1452.232-81 “Payment for Mobilization and Preparatory
Work” for CLINs A-3, B-3, C-3, and D-3.
(f)
Definitions:
(1)
CLIN – Contract Line Item Number.
SCHEDULE A-1 SUPPLIES
CLIN
Section
Supplies or Services
A-1.1
48 19 22
Furnishing and Factory
Testing New Generator
Isolated Phase Bus and
Bushings for Generators 1 and
2
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 12 of 157
SCHEDULE A-1 SUPPLIES
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
A-1.2
48 19 24
Furnishing and Factory
Testing Twelve Potential
Transformers, 15kV Surge
Arrestors and All Associated
Equipment Cubicles for
Generators 1 and 2
For the lump sum of
$
A-1.3
48 19 30
Furnishing and Factory
Testing Three New Single
Phase 345kV, 125 MVA
Transformers – K1A:
For the lump sum of
$
A-1.4
48 19 30
Furnishing and Factory
Testing One New Single
Phase 345kV, 125 MVA
Spare Transformer
For the lump sum of
$
A-1.5
48 19 30
Perform the Modified Induced
Voltage Test on K1A
Transformers
For the lump sum of
$
A-1.6
48 19 34
Furnishing and Factory
Testing New Isolated Phase
Bus for Transformer Bank
K1A
For the lump sum of
$
A-1.7
48 19 36
Short Circuit Testing Spare
345kV Power Transformer
For the lump sum of
$
TOTAL FOR SCHEDULE A -1
$___________
SCHEDULE A-2 Supply Option (a)
CLIN
Section
Supplies or Services
A-2(a)
48 19 32
Natural (Vegetable Oil) Ester
Fluids FR3 Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 13 of 157
SCHEDULE A-2 Supply Option (b)
CLIN
Section
A-2(b)
48 19 32
Supplies or Services
Mineral Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
SCHEDULE A-3 CONSTRUCTION WORK TO BE PERFORMED
Section
Supplies or Services
A-3.1
WBR
1452.23
2
-81
Mobilization and Preparatory
Work
For the lump sum of
$
A-3.2
52.24621
Extended Warranty for Three
Single Phase 345kV, 125
MVA Transformers – K1A
For the lump sum of
$
52.24621
Extended Warranty for One
Single Phase 345kV, 125
MVA Spare Transformer –
K1A
For the lump sum of
$
A-3.3
01 31 30
Contract Document
Management System
For the lump sum of
$
A-3.4
01 33 26
Electrical Drawings and Data
For the lump sum of
$
A-3.5
03 30 00
Concrete
0.32 yd3
$
A-3.6
05 12 73
Power Transformer
Anchorage Systems
For the lump sum of
$
A-3.7
05 50 00
Oil Spill Containment
For the lump sum of
$
A-3.8
05 50 04
Removing Existing Oil Spill
Protection
For the lump sum of
$
A-3.9
07 88 10
Modular Fire Barriers
For the lump sum of
$
A-3.10
05 50 04
Reinstalling Existing Oil Spill
Protection
For the lump sum of
$
A-3.11
22 10 04
Removing and Disposing of
Cooling Water Piping
Systems and Appurtenances
for Transformer Bank K1A
For the lump sum of
$
CLIN
Quantity
and Unit
Unit
Price
Amount
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 14 of 157
SCHEDULE A-3 CONSTRUCTION WORK TO BE PERFORMED
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
A-3.12
22 10 12
Furnishing and Installing
Cooling Water Systems Pipe,
Fittings and Appurtenances
for Transformer Bank K1A
For the lump sum of
$
A-3.13
48 04 00
Removing and Disposing of
Existing Isolated Phase Bus
for Transformer Bank K1A
For the lump sum of
$
A-3.14
48 04 00
Removing and Disposing of
Existing Isolated Phase Bus,
PT Cubicles, Surge Arrestor
Cubicle and Generator
Bushing for Generators 1 and
2
For the lump sum of
$
A-3.15
48 04 00
Removing and Disposing of
Three Existing 345kV Single
Phase Transformers - K1A
For the lump sum of
$
A-3.16
48 04 00
Salvage Credit for Copper in
Three Existing Single Phase
Transformers – K1A
For the lump sum of
$
A-3.17
48 04 00
Salvage Credit for Steel and
Iron in Three Existing Single
Phase Transformers – K1A
For the lump sum of
$
A-3.18
48 04 00
Removing and Disposing of
One Existing Spare Single
Phase 345kV Transformer
For the lump sum of
$
A-3.19
48 04 00
Salvage Credit for Copper in
Existing Spare Single Phase
345kV Transformer
For the lump sum of
$
A-3.20
48 04 00
Salvage Credit for Steel and
Iron in Existing Spare Single
Phase 345kV Transformer
For the lump sum of
$
A-3.21
48 04 00
Disposal of Insulation Oil in
Three Existing Single Phase
345kV Transformers – K1A
For the lump sum of
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 15 of 157
SCHEDULE A-3 CONSTRUCTION WORK TO BE PERFORMED
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
A-3.22
48 04 00
Disposal of Insulation Oil in
Existing Spare Single Phase
345kV Transformer
For the lump sum of
$
A-3.23
48 19 22
Installing and Field Testing
New Generator Isolated Phase
Bus and Bushings for
Generators 1 and 2
For the lump sum of
$
A-3.24
48 19 24
Installing and Field Testing
Twelve Potential
Transformers, Six 15kV Surge
Arrestors and All Associated
Equipment Cubicles for
Generators 1 and 2
For the lump sum of
$
A-3.25
48 19 30
Installing and Field Testing
Three New Single Phase
345kV, 125 MVA
Transformers – K1A
For the lump sum of
$
A-3.26
48 19 30
Field Test and Prepare for
Storage One New Single
Phase 345kV, 125 MVA
Spare Transformer
For the lump sum of
$
A-3.27
48 19 30
Provide and Prepare for
Storage Extra Materials for
345kV Transformers
For the lump sum of
$
A-3.28
48 19 34
Installing and Field Testing
New Isolated Phase Bus for
Transformer Bank K1A
For the lump sum of
$
A-3.29
48 19 30
Training
For the lump sum of
$
TOTAL FOR SCHEDULE A -3
$___________
TOTAL FOR SCHEDULES A-1, A-2(a), AND A-3
$___________
TOTAL FOR SCHEDULES A-1, A-2(b), AND A-3
$___________
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 16 of 157
SCHEDULE B-1 SUPPLIES
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
B-1.1
48 19 22
Furnishing and Factory
Testing New Generator
Isolated Phase Bus and
Bushings for Generators 3
and 4
For the lump sum of
$
B-1.2
48 19 24
Furnishing and Factory
Testing Twelve Potential
Transformers, Six 15kV
Surge Arrestors and All
Associated Equipment
Cubicles for Generators 3
and 4
For the lump sum of
$
B-1.3
48 19 30
Furnishing and Factory
Testing Three New Single
Phase 345kV, 125 MVA
Transformers – K3A:
For the lump sum of
$
B-1.4
48 19 30
Perform the Modified
Induced Voltage Test on
K3A Transformers
For the lump sum of
$
B-1.5
48 19 34
Furnishing and Factory
Testing New Isolated Phase
Bus for Transformer Bank
K3A
For the lump sum of
$
TOTAL FOR SCHEDULE B-1
$___________
SCHEDULE B-2 Supply Option (a)
CLIN
Section
Supplies or Services
B-2(a)
48 19 32
Natural (Vegetable Oil) Ester
Fluids FR3 Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 17 of 157
SCHEDULE B-2 Supply Option (b)
CLIN
Section
B-2(b)
48 19 32
Supplies or Services
Mineral Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
SCHEDULE B-3 CONSTRUCTION WORK TO BE PERFORMED
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
B-3.1
WBR
1452.232
-81
Mobilization and
Preparatory Work
For the lump sum of
$
B-3.2
52.246-21
Extended Warranty for
Three Single Phase 345kV,
125 MVA Transformers –
K3A
For the lump sum of
$
B-3.3
01 31 30
Contract Document
Management System
For the lump sum of
$
B-3.4
01 33 26
Electrical Drawings and
Data
For the lump sum of
$
B-3.5
03 30 00
Concrete
0.16 yd3
$
B-3.6
05 12 73
Power Transformer
Anchorage Systems
For the lump sum of
$
B-3.7
05 50 00
Oil Spill Containment
For the lump sum of
$
B-3.8
05 50 04
Removing Existing Oil Spill
Protection
For the lump sum of
$
B-3.9
07 88 10
Modular Fire Barriers
For the lump sum of
$
B-3.10
22 10 04
Removing and Disposing of
Cooling Water Piping
Systems and Appurtenances
for Transformer Bank K3A
For the lump sum of
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 18 of 157
SCHEDULE B-3 CONSTRUCTION WORK TO BE PERFORMED
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
B-3.11
22 10 12
Furnishing and Installing
Cooling Water Systems
Pipe, Fittings and
Appurtenances for
Transformer Bank K3A
For the lump sum of
$
B-3.12
48 04 00
Removing and Disposing of
Existing Isolated Phase Bus
for Transformer Bank K3A
For the lump sum of
$
B-3.13
48 04 00
Removing and Disposing of
Existing Isolated Phase Bus,
PT Cubicles, Surge Arrestor
Cubicle and Generator
Bushing for Generators 3
and 4
For the lump sum of
$
B-3.14
48 04 00
Removing and Disposing of
Three Existing 345kV
Single Phase Transformers –
K3A
For the lump sum of
$
B-3.15
48 04 00
Salvage Credit for Copper
in Three Existing Single
Phase Transformers – K3A
For the lump sum of
$
B-3.16
48 04 00
Salvage Credit for Steel and
Iron in Three Existing
Single Phase Transformers –
K3A
For the lump sum of
$
B-3.17
48 04 00
Disposal of Insulation Oil in
Three Existing Single Phase
345k V Transformers –
K3A
For the lump sum of
$
B-3.18
48 19 22
Installing and Field Testing
New Generator Isolated
Phase Bus and Bushings for
Generators 3 and 4
For the lump sum of
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 19 of 157
SCHEDULE B-3 CONSTRUCTION WORK TO BE PERFORMED
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
B-3.19
48 19 24
Installing and Field Testing
Twelve Potential
Transformers, Six 15kV
Surge Arrestors and All
Associated Equipment
Cubicles for Generators 3
and 4
For the lump sum of
$
B-3.20
48 19 30
Installing and Field Testing
Three New Single Phase
345kV, 125 MVA
Transformers – K3A
For the lump sum of
$
B-3.21
48 19 34
Installing and Field Testing
New Isolated Phase Bus for
Transformer Bank K3A
For the lump sum of
$
TOTAL FOR SCHEDULE B-3
Amount
$___________
TOTAL FOR SCHEDULES B-1, B-2(a), AND B-3
$___________
TOTAL FOR SCHEDULES B-1, B-2(b), AND B-3
$___________
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 20 of 157
SCHEDULE C-1 SUPPLIES
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
C-1.1
48 19 22
Furnishing and Factory
Testing New Generator
Isolated Phase Bus and
Bushings for Generators 5 and
6
For the lump sum of
$
C-1.2
48 19 24
Furnishing and Factory
Testing Twelve Potential
Transformers, Six 15kV Surge
Arrestors and Associated
Equipment Cubicles for
Generators 5 and 6
For the lump sum of
$
C-1.3
48 19 30
Furnishing and Factory
Testing Three New Single
Phase 345 kV, 125 MVA
Transformers – K5A
For the lump sum of
$
C-1.4
48 19 30
Perform the Modified Induced
Voltage Test on K5A
Transformers
For the lump sum of
$
C-1.5
48 19 34
Furnishing and Factory
Testing New Isolated Phase
Bus for Transformer Bank
K5A
For the lump sum of
$
TOTAL FOR SCHEDULE C-1
Amount
$___________
SCHEDULE C-2 Supply Option (a)
CLIN
Section
Supplies or Services
C-2(a)
48 19 32
Natural (Vegetable Oil) Ester
Fluids FR3 Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 21 of 157
SCHEDULE B-2 Supply Option (b)
CLIN
Section
C-2(b)
48 19 32
Supplies or Services
Mineral Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
SCHEDULE C-3 CONSTRUCTION WORK TO BE PERFORMED
Section
Supplies or Services
C-3.1
WBR
1452.23
2
-81
Mobilization and Preparatory
Work
For the lump sum of
$
C-3.2
52.24621
Extended Warranty for Three
Single Phase 345kV, 125
MVA Transformers – K5A
For the lump sum of
$
C-3.3
01 31 30
Contract Document
Management System
For the lump sum of
$
C-3.4
01 33 26
Electrical Drawings and Data
For the lump sum of
$
C-3.5
03 30 00
Concrete
C-3.6
05 12 73
Power Transformer
Anchorage Systems
For the lump sum of
$
C-3.7
05 50 00
Oil Spill Containment
For the lump sum of
$
C-3.8
05 50 04
Removing Existing Oil Spill
Protection
For the lump sum of
$
C-3.9
07 88 10
Modular Fire Barriers
For the lump sum of
$
C-3.10
22 10 04
Removing and Disposing of
Cooling Water Piping
Systems and Appurtenances
for Transformer Bank K5A
For the lump sum of
$
CLIN
Quantity
and Unit
Unit
Price
0.16yd3
Amount
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 22 of 157
SCHEDULE C-3 CONSTRUCTION WORK TO BE PERFORMED
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
C-3.11
22 10 12
Furnishing and Installing
Cooling Water Systems Pipe,
Fittings and Appurtenances
for Transformer Bank K5A
For the lump sum of
$
C-3.12
48 04 00
Removing and Disposing of
Existing Isolated Phase Bus
for Transformer Bank K5A
For the lump sum of
$
C-3.13
48 04 00
Removing and Disposing of
Existing Isolated Phase Bus,
PT Cubicles, Surge Arrestor
Cubicle and Generator
Bushing for Generators 5 and
6
For the lump sum of
$
C-3.14
48 04 00
Removing and Disposing of
Three Existing 345kV Single
Phase Transformers – K5A
For the lump sum of
$
C-3.15
48 04 00
Salvage Credit for Copper in
Three Existing Single Phase
Transformers – K5A
For the lump sum of
$
C-3.16
48 04 00
Salvage Credit for Steel and
Iron in Three Existing Single
Phase Transformers – K5A
For the lump sum of
$
C-3.17
48 04 00
Disposal of Insulation Oil in
Three Existing Single Phase
345k V Transformers – K5A
For the lump sum of
$
C-3.18
48 19 22
Installing and Field Testing
New Generator Isolated Phase
Bus and Bushings for
Generators 5 and 6
For the lump sum of
$
C-3.19
48 19 24
Installing and Field Testing
Twelve Potential
Transformers, Six 15kV Surge
Arrestors and Associated
Equipment Cubicles for
Generators 5 and 6
For the lump sum of
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 23 of 157
SCHEDULE C-3 CONSTRUCTION WORK TO BE PERFORMED
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
C-3.20
48 19 30
Installing and Field Testing
Three New Single Phase 345
kV, 125 MVA Transformers –
K5A
For the lump sum of
$
C-3.21
48 19 34
Installing and Field Testing
New Isolated Phase Bus for
Transformer Bank K5A
For the lump sum of
$
TOTAL FOR SCHEDULE C-2
Amount
$___________
TOTAL FOR SCHEDULES C-1, C-2(a), AND C-3
$___________
TOTAL FOR SCHEDULES C-1, C-2(b), AND C-3
$___________
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 24 of 157
SCHEDULE D-1 SUPPLIES
CLIN
Section
Supplies or Services
Quantity
and Unit
Unit
Price
D-1.1
48 19 22
Furnishing and Factory Testing
New Generator Isolated Phase
Bus and Bushings for
Generators 7 and 8
For the lump sum of
$
D-1.2
48 19 24
Furnishing and Factory Testing
Twelve Potential Transformers,
Six 15kV Surge Arrestors and
Associated Equipment Cubicles
for Generators 7 and 8
For the lump sum of
$
D-1.3
48 19 30
Furnishing and Factory Testing
Three New Single Phase 230
kV, 125 MVA Transformers –
K7A
For the lump sum of
$
D-1.4
48 19 30
Furnishing and Factory Testing
One New Single Phase 230kV,
125 MVA Spare Transformer
For the lump sum of
$
D-1.5
48 19 30
Perform the Modified Induced
Voltage Test on K7A
Transformers
For the lump sum of
$
D-1.6
48 19 34
Furnishing and Factory Testing
New Isolated Phase Bus for
Transformer Bank K7A
For the lump sum of
$
TOTAL FOR SCHEDULE D -1
Amount
$___________
SCHEDULE D-2 Supply Option (a)
CLIN
Section
Supplies or Services
D-2(a)
48 19 32
Natural (Vegetable Oil) Ester
Fluids FR3 Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 25 of 157
SCHEDULE B-2 Supply Option (b)
CLIN
Section
D-2(b)
48 19 32
Supplies or Services
Mineral Oil
Quantity
and Unit
Unit
Price
For the lump sum of
Amount
$
SCHEDULE D-# CONSTRUCTION WORK TO BE PERFORMED
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
D-3.1
WBR
1452.23
2
-81
Mobilization and Preparatory
Work
For the lump sum of
$
D-3.2
52.24621
Extended Warranty for Three
Single Phase 230 kV, 125 MVA
Transformers – K7A
For the lump sum of
$
D-3.3
52.24621
Extended Warranty for One
Single Phase 230kV, 125 MVA
Spare Transformer – K7A
For the lump sum of
$
D-3.4
01 31
30
Contract Document
Management System
For the lump sum of
$
D-3.5
01 33
26
Electrical Drawings and Data
For the lump sum of
$
D-3.6
03 30
00
Concrete
D-3.7
05 12
73
Power Transformer Anchorage
Systems
For the lump sum of
$
D-3.8
05 50
00
Oil Spill Containment
For the lump sum of
$
D-3.9
05 50
04
Removing Existing Oil Spill
Protection
For the lump sum of
$
D-3.10
05 50
04
Reinstalling Existing Oil Spill
Protection
For the lump sum of
$
0.16yd3
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 26 of 157
SCHEDULE D-# CONSTRUCTION WORK TO BE PERFORMED
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
D-3.11
07 88
10
Modular Fire Barriers
For the lump sum of
$
D-3.12
22 10
04
Removing and Disposing of
Cooling Water Piping Systems
and Appurtenances for
Transformer Bank K7A
For the lump sum of
$
D-3.13
22 10
12
Furnishing and Installing
Cooling Water Systems Pipe,
Fittings and Appurtenances for
Transformer Bank K7A
For the lump sum of
$
D-3.14
48 04
00
Removing and Disposing of
Existing Isolated Phase Bus for
Transformer Bank K7A
For the lump sum of
$
D-3.15
48 04
00
Removing and Disposing of
Existing Isolated Phase Bus, PT
Cubicles, Surge Arrestor
Cubicle and Generator Bushing
for Generators 7 and 8
For the lump sum of
$
D-3.16
48 04
00
Removing and Disposing of
Three Existing Single Phase
230kV Transformers – K7A
For the lump sum of
$
D-3.17
48 04
00
Salvage Credit for Copper in
Three Existing Single Phase
230kV Transformers – K7A
For the lump sum of
$
D-3.18
48 04
00
Salvage Credit for Steel and
Iron in Three Existing Single
Phase 230kV Transformers –
K7A
For the lump sum of
$
D-3.19
48 04
00
Removing and Disposing of
Existing Spare Single Phase
230kV Transformer
For the lump sum of
$
D-3.20
48 04
00
Salvage Credit for Copper in
Existing Spare Single Phase
230kV Transformer
For the lump sum of
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 27 of 157
SCHEDULE D-# CONSTRUCTION WORK TO BE PERFORMED
Supplies or Services
Quantity
and Unit
Unit
Price
Amount
CLIN
Section
D-3.21
48 04
00
Salvage Credit for Steel and
Iron in Existing Spare Single
Phase 230kV Transformer
For the lump sum of
$
D-3.22
48 04
00
Disposal of Insulation Oil in
Three Existing Single Phase
230kV Transformers – K7A
For the lump sum of
$
D-3.23
48 04
00
Disposal of Insulation Oil in
Existing Spare Single Phase
230kV Transformer
For the lump sum of
$
D-3.24
48 19
22
Installing and Field Testing
New Generator Isolated Phase
Bus and Bushings for
Generators 7 and 8
For the lump sum of
$
D-3.25
48 19
24
Installing and Field Testing
Twelve Potential Transformers,
Six 15kV Surge Arrestors and
Associated Equipment Cubicles
for Generators 7 and 8
For the lump sum of
$
D-3.26
48 19
30
Installing and Field Testing
Three New Single Phase 230
kV, 125 MVA Transformers –
K7A
For the lump sum of
$
D-3.27
48 19
30
Field Test and Prepare for
Storage One New Single Phase
230kV, 125 MVA Spare
Transformer
For the lump sum of
$
D-3.28
48 19
30
Provide and Prepare for Storage
Extra Materials for 230kV
Transformers
For the lump sum of
$
D-3.29
48 19
30
Perform the Modified Induced
Voltage Test on K7A
Transformers
For the lump sum of
$
D-3.30
48 19
34
Installing and Field Testing
New Isolated Phase Bus for
Transformer Bank K7A
For the lump sum of
$
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 28 of 157
TOTAL FOR SCHEDULE D -2
$___________
TOTAL FOR SCHEDULES D-1, D-2(a), AND D-3
$___________
TOTAL FOR SCHEDULES C-1, C-2(b), AND C-3
$___________
TOTAL FOR ALL SCHEDULES INCLUDING OPTION (a)
$____________
TOTAL FOR ALL SCHEDULES INCLUDING OPTION (b)
$____________
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 29 of 157
B.2
WARRANTED CHARACTERISTICS
(a)
Offeror warrants that the losses of each 1-phase transformer shall not exceed the loss
requirements furnished below, with rated voltage and frequency applied to each winding.
Failure to furnish the required values will result in an incomplete offer, which will not be
considered.
(b)
Offers will be evaluated in accordance with the provision at WBR 1452.246-80
“Evaluation of Equipment Efficiency and Losses.” The contract price will be adjusted in
accordance with the clause at WBR 1452.246-81 "Failure to Meet Performance
Warranties.
(c)
Transformers K1A, 3A, 5A losses:
(d)
(1)
No-load losses, kilowatts .................................................. ________________ kW*
(2)
Total losses, at the loading condition of:
125,000-kilovolt ampere output
at a temperature of 85 degrees C....................................... ________________ kW*
Transformer K7A losses:
(1)
No-load losses, kilowatts .................................................. ________________ kW*
(2)
Total losses, at the loading condition of:
125,000-kilovolt ampere output
at a temperature of 85 degrees C....................................... ________________ kW*
* Round off to nearest tenth of a kilowatt.
(e)
Losses measured at a different loading than that which is required, but extrapolated to the
required loading, will not be acceptable.
END OF Section B
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 30 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 31 of 157
SECTION C – DESCRIPTION / SPECIFICATIONS /
STATEMENT OF WORK
All Schedules, All Items: The contractor shall perform and deliver the supplies and services
hereunder in accordance with the specifications, drawings, and other attachments listed in
Section J – List of Attachments, as well as FAR, WBR, and DIAR clauses in this contract.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 32 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 33 of 157
SECTION D – PACKAGING AND MARKING
All Schedules, All Items: The contractor shall package and mark the supplies provided
hereunder in accordance with the packaging and marking instructions that may be included in the
specifications listed in Section J – List of Attachments, as well as FAR, WBR, and DIAR clauses
in this contract.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 34 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 35 of 157
SECTION E -- INSPECTION AND ACCEPTANCE
The following clauses pertain only to Schedules A-1, A-2, B-1, B-2, C-1, C-2,
D-1, and D-2, supply requirements.
E.1
52.246-02
INSPECTION OF SUPPLIES--FIXED PRICE
AUGUST 1996
(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials,
components, intermediate assemblies, end products, and lots of supplies.
(b) The Contractor shall provide and maintain an inspection system acceptable to the
Government covering supplies under this contract and shall tender to the Government for
acceptance only supplies that have been inspected in accordance with the inspection system and
have been found by the Contractor to be in conformity with contract requirements. As part of the
system, the Contractor shall prepare records evidencing all inspections made under the system
and the outcome. These records shall be kept complete and made available to the Government
during contract performance and for as long afterwards as the contract requires. The Government
may perform reviews and evaluations as reasonably necessary to ascertain compliance with this
paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly
delay the contract work. The right of review, whether exercised or not, does not relieve the
Contractor of the obligations under the contract.
(c) The Government has the right to inspect and test all supplies called for by the contract, to the
extent practicable, at all places and times, including the period of manufacture, and in any event
before acceptance. The Government shall perform inspections and tests in a manner that will not
unduly delay the work. The Government assumes no contractual obligation to perform any
inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this
contract.
(d) If the Government performs inspection or test on the premises of the Contractor or a
subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no
increase in contract price, all reasonable facilities and assistance for the safe and convenient
performance of these duties. Except as otherwise provided in the contract, the Government shall
bear the expense of Government inspections or tests made at other than the Contractor's or
subcontractor's premises; provided, that in case of rejection, the Government shall not be liable
for any reduction in the value of inspection or test samples.
(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test,
the Contracting Officer may charge to the Contractor the additional cost of inspection or test.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 36 of 157
(2) The Contracting Officer may also charge the Contractor for any additional cost of
inspection or test when prior rejection makes reinspection or retest necessary.
(f) The Government has the right either to reject or to require correction of nonconforming
supplies. Supplies are nonconforming when they are defective in material or workmanship or are
otherwise not in conformity with contract requirements. The Government may reject
nonconforming supplies with or without disposition instructions.
(g) The Contractor shall remove supplies rejected or required to be corrected. However, the
Contracting Officer may require or permit correction in place,promptly after notice, by and at the
expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected
supplies without disclosing the former rejection or requirement for correction, and, when
required, shall disclose the corrective action taken.
(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are
required to be removed or to be replaced or corrected, the Government may either (1) by contract
or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2)
terminate the contract for default. Unless the Contractor corrects or replaces the supplies within
the delivery schedule, the Contracting Officer may require their delivery and make an equitable
price reduction. Failure to agree to a price reduction shall be a dispute.
(i)
(1) If this contract provides for the performance of Government quality assurance at
source, and if requested by the Government, the Contractor shall furnish advance notification of
the time -(i) when Contractor inspection or tests will be performed in accordance with the terms
and conditions of the contract; and
(ii) When the supplies will be ready for Government inspection.
(2) The Government's request shall specify the period and method of the advance
notification and the Government representative to whom it shall be furnished. Requests shall not
require more than 2 workdays of advance notification if the Government representative is in
residence in the Contractor's plant, nor more than 7 workdays in other instances.
(j) The Government shall accept or reject supplies as promptly as practicable after delivery,
unless otherwise provided in the contract. Government failure to inspect and accept or reject the
supplies shall not relieve the Contractor from responsibility, nor impose liability on the
Government, for nonconforming supplies.
(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for
defects or other failures to meet contract requirements discovered before acceptance. Acceptance
shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as
otherwise provided in the contract.
(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the
Government, in addition to any other rights and remedies provided by law, or under other
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 37 of 157
provisions of this contract, shall have the right to require the Contractor (1) at no increase in
contract price, to correct or replace the defective or nonconforming supplies at the original point
of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance
with a reasonable delivery schedule as may be agreed upon between the Contractor and the
Contracting Officer; provided, that the Contracting Officer may require a reduction in contract
price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after
receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the
contract as is equitable under the circumstances if the Contracting Officer elects not to require
correction or replacement. When supplies are returned to the Contractor, the Contractor shall
bear the transportation cost from the original point of delivery to the Contractor's plant and return
to the original point when that point is not the Contractor's plant. If the Contractor fails to
perform or act as required in (1) or (2) above and does not cure such failure within a period of 10
days (or such longer period as the Contracting Officer may authorize in writing) after receipt of
notice from the Contracting Officer specifying such failure, the Government shall have the right
by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost
occasioned the Government thereby.
E.2
52.246-16
RESPONSIBILITY FOR SUPPLIES
APRIL 1984
(a) Title to supplies furnished under this contract shall pass to the Government upon formal
acceptance, regardless of when or where the Government takes physical possession, unless the
contract specifically provides for earlier passage of title.
(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall
remain with the Contractor until, and shall pass to the Government upon-(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Acceptance by the Government or delivery of the supplies to the Government at the
destination specified in the contract, whichever is later, if transportation is f.o.b.
destination.
(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract
requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming
supplies remains with the Contractor until cure or acceptance. After cure or acceptance,
paragraph (b) of this section shall apply.
(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to
supplies caused by the negligence of officers, agents, or employees of the Government acting
within the scope of their employment.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 38 of 157
The following clauses pertain only to Schedules A-3, B-3, C-3, and D-3, service
(construction) requirements.
E-3
52.246-12
INSPECTION OF CONSTRUCTION
AUGUST 1996
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture
and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as
will ensure that the work performed under the contract conforms to contract requirements. The
Contractor shall maintain complete inspection records and make them available to the
Government. All work shall be conducted under the general direction of the Contracting Officer
and is subject to Government inspection and test at all places and at all reasonable times before
acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not-(1) Relieve the Contractor of responsibility for providing adequate quality control
measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before
acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed
work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any
contract requirement, nor is the inspector authorized to change any term or condition of the
specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor,
and material reasonably needed for performing such safe and convenient inspections and tests as
may be required by the Contracting Officer. The Government may charge to the Contractor any
additional cost of inspection or test when work is not ready at the time specified by the
Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.
The Government shall perform all inspections and tests in a manner that will not unnecessarily
delay the work. Special, full size, and performance tests shall be performed as described in the
contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to
conform to contract requirements, unless in the public interest the Government consents to
accept the work with an appropriate adjustment in contract price. The Contractor shall promptly
segregate and remove rejected material from the premises.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 39 of 157
(g) If the Contractor does not promptly replace or correct rejected work, the Government may-(1) by contract or otherwise, replace or correct the work and charge the cost to the
Contractor; or
(2) terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already
completed work by removing it or tearing it out, the Contractor, on request, shall promptly
furnish all necessary facilities, labor, and material. If the work is found to be defective or
nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the
Contractor shall defray the expenses of the examination and of satisfactory reconstruction.
However, if the work is found to meet contract requirements, the Contracting Officer shall make
an equitable adjustment for the additional services involved in the examination and
reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as
practicable after completion and inspection, all work required by the contract or that portion of
the work the Contracting Officer determines can be accepted separately. Acceptance shall be
final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the
Government's rights under any warranty or guarantee.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 40 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 41 of 157
SECTION F -- DELIVERIES OR PERFORMANCE
The following clauses pertain only to Schedules A-1, A-2, B-1, B-2, C-1, C-2,
D-1, and D-2, supply requirements.
F.1
52.247-34
F.O.B. DESTINATION
NOVEMBER 1991
(a) The term "f.o.b. destination," as used in this clause, means-(1) Free of expense to the Government, on board the carrier's conveyance, at a specified
delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to
which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city
and supplies are for export), warehouse unloading platform, or receiving dock, at the expense
of the Contractor. The Government shall not be liable for any delivery, storage, demurrage,
accessorial, or other charges involved before the actual delivery (or "constructive placement"
as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused
by an act or order of the Government acting in its contractual capacity. If rail carrier is used,
supplies shall be delivered to the specified unloading platform of the consignee. If motor
carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the
unloading platform of the consignee, except when the supplies delivered meet the
requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky
freight." When supplies meeting the requirements of the referenced Item 568 are delivered,
unloading (including movement to the tailgate) shall be performed by the consignee, with
assistance from the truck driver, if requested. If the contractor uses rail carrier or freight
forwarded for less than carload shipments, the contractor shall ensure that the carrier will
furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to
consignee.
(b) The Contractor shall-(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier
requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the
contract;
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 42 of 157
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the
shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
The following clauses pertain only to Schedules A-3, B-3, C-3, and D-3, service
(construction) requirements.
F.2
52.252-02
CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically at the following
addresses:
FAR Clauses - https://www.acquisition.gov/far/
DOI Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.5
8.46&idno=48
Clause
52.242-14
F.3
52.211-10
Title
Suspension of Work
Date
April 1984
COMMENCEMENT, PROSECUTION, AND
COMPLETION OF WORK
APRIL 1984
The Contractor shall be required to (a) commence work under this contract within 30 calendar
days after the date the Contractor receives the notice to proceed, (b) prosecute the work
diligently, and (c) complete the entire work ready for use not later than:
Schedules A-1, A-2, and A-3
Schedules B-1, B-2, B-3, B-4
Schedules C-1, C-2, and C-3
Schedules D-1, D-2, and D-3
June 1, 2015
June 1, 2016
June 1, 2017
June 1, 2018
. . . . . . . . . . . * The time stated for completion shall include final cleanup of the premises.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
F.4
52.211-12
LIQUIDATED DAMAGES--CONSTRUCTION
Page 43 of 157
SEPTEMBER 2000
(a) If the Contractor fails to complete the work within the time specified in the contract, the
Contractor shall pay liquidated damages to the Government in the amount of $1,400 for each
work day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will
continue to accrue until the work is completed. These liquidated damages are in addition to
excess costs of repurchase under the Termination clause.
F.5
52.211-13
TIME EXTENSIONS
SEPTEMBER 2000
Time extensions for contract changes will depend upon the extent, if any, by which the changes
cause delay in the completion of the various elements of construction. The change order granting
the time extension may provide that the contract completion date will be extended only for those
specific elements related to the changed work and that the remaining contract completion dates
for all other portions of the work will not be altered. The change order also may provide an
equitable readjustment of liquidated damages under the new completion schedule.
F.6
52.211-18
VARIATION IN ESTIMATED QUANTITY
APRIL 1984
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual
quantity of the unit-priced item varies more than 15 percent above or below the estimated
quantity, an equitable adjustment in the contract price shall be made upon demand of either
party. The equitable adjustment shall be based upon any increase or decrease in costs due solely
to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity
variation is such as to cause an increase in the time necessary for completion, the Contractor may
request, in writing, an extension of time, to be received by the Contracting Officer within 10
days from the beginning of the delay, or within such further period as may be granted by the
Contracting Officer before the date of final settlement of the contract. Upon the receipt of a
written request for an extension, the Contracting Officer shall ascertain the facts and make an
adjustment for extending the completion date as, in the judgment of the Contracting Officer, is
justified.
The following clauses pertain to all Schedules.
F.7
52.252-02
CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically at the following
addresses:
FAR Clauses - https://www.acquisition.gov/far/
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
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DOI Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.5
8.46&idno=48
Clause
52.242-15
52.242-17
Title
Stop-Work Order
Government Delay Of Work
Date
August 1989
April 1984
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 45 of 157
SECTION G -- CONTRACT ADMINISTRATION DATA
The following clauses pertain to all Schedules.
G.1
1452.20170
AUTHORITIES AND DELEGATIONS
SEPTEMBER 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this
contract, modify any term or condition of this contract, waive any requirement of this contract, or
accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time
of award. The COR will be responsible for technical monitoring of the contractor's performance
and deliveries. The COR will be appointed in writing, and a copy of the appointment will be
furnished to the Contractor. Changes to this delegation will be made by written changes to the
existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or
notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or
authorized representative(s) acting within the scope and authority of the appointment
memorandum. The Contractor need not proceed with direction that it considers to have been
issued without proper authority. The Contractor shall notify the Contracting Officer in writing,
with as much detail as possible, when the COR has taken an action or has issued direction
(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of
the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs,
risks, liabilities, and consequences of performing any work it is directed to perform that falls
within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's
response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under
paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or
upon the contract action to be taken with respect thereto, shall be subject to the provisions of the
Disputes clause of this contract.
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GSU Transformers and Associated Equipment Replacement
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(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the
COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person
acting on behalf of the Government or any Government official other than the Contracting
Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
G.2
RAC 13-03
RECLAMATION INVOICING SUBMISSION
REQUIREMENTS
OCTOBER 2012
Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit
requests for payments (invoices) by following the instructions as described below:
To ensure timely processing of invoices under the contract/agreement, the contractor/recipient
must submit all invoices to the following e-mail address:
UCInvoice@usgr.gov
1. The invoice must be submitted in accordance with these instructions.
i. The subject line of the email shall be formatted to read as follows:
Contract Number_Invoice_Number_Acquisition POC last name
(example: R13PC10000_Invoice No. 1234_Smith
ii. The Invoice shall be attached to the email and named using the following
fomat:
Contract Number_Contractor Name-Invoice Number-Invoice Amount
(example: R13PC10000_World Test, Inc.-Inv No. 1234-$5,678.00
2. A proper invoice shall be submitted in accordance with Item 1 above and shall include
the information as required by the payment terms and conditions contained in this
contract/agreement.
Invoices submitted for an amount which exceeds the total obligated or ceiling amount of the
contract, purchase order, task/delivery order or agreement may be rejected.
3. Invoices shall not include information that would compromise Personally Identifiable
Information, such as full social security numbers, dates of birth, etc.
4. Final payment under each contract, purchase order task/delivery order will be
approved by the Contracting Officer. The final invoice shall be submitted and will be approved
in accordance with the payment terms and conditions contained in the contract/agreement, after
Document No.
Document Title
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GSU Transformers and Associated Equipment Replacement
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all, if any, settlement actions are complete. The contractor must clearly identify the last payment
as the "Final Invoice".
G.3
WBR
1452.24280
POSTAWARD CONFERENCE--BUREAU OF
RECLAMATION
JULY 1993
(a) Prior to the Contractor starting work, a postaward conference (as described in FAR Subpart
42.5), will be convened by the contracting activity or contract administration office. The
Contractor's Project Manager shall attend the conference. If the contract involves subcontractors,
a representative of each major subcontractor is also required to attend.
(b) The conference will be held at Glen Canyon Dam, Page, AZ..
(c) The Contracting Officer and the Contractor will agree to the date and time of the conference
after award of the contract. In event of a conflict in schedules, the Contracting Officer shall
establish the date for the conference.
(d) The Contractor shall include any associated costs for attendance at the conference in its offer.
Document No.
Document Title
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GSU Transformers and Associated Equipment Replacement
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Document No.
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GSU Transformers and Associated Equipment Replacement
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SECTION H -- SPECIAL CONTRACT REQUIREMENTS
The following clauses pertain to all Schedules.
H.1
DIAPR
2010-14
CONTRACTOR PERFORMANCE ASSESSMENT
REPORTING SYSTEM
JULY 2010
(a) FAR 42.1502 directs all Federal agencies to collect past performance information on
contracts. The Department of the Interior (DOI) has implemented the Contractor Performance
Assessment Reporting System (CPARS) to comply with this regulation. One or more past
performance evaluations will be conducted in order to record your contract performance as
required by FAR 42.15.
(b) The past performance evaluation process is a totally paperless processing using CPARS.
CPARS is a web-based system that allows for electronic processing of the performance
evaluation report. Once the report is processed, it is available in the Past Performance
Information Retrieval System (PPIRS) for Government use in evaluating past performance as
part of a source selection action.
(c) We request that you furnish to Contracting Officer with the name, position title, phone
number, and email address for each person designated to have access to your firms's past
performance evaluation(s) for the contract no later than 30 days after award. Each person
granted access will have the ability to provide comments in the Contractor portion of the report
and state whether or not the Contractor agrees with the evaluation, before returning the report to
the Assessing Official. The report information must be protected as source selection sensitive
information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered
in CPARS, they will receive an automatically-generated email with detailed login instructions.
Further details, system requirements, and training information for CPARS is available at
http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for
Contractor Representatives, and a practice application may be found a t this site.
(e) Within 60 days after the end of a performance period, the Contracting Officer will complete
an interim or final past performance evaluation and the report will be accessible at
http://www.cpars.csd.disa.mil/.. Contractor Representatives may then provide comments in
response to the evaluation, or return the evaluation without comment. Comments are limited to
the space provided in Block 22. Your comments should focus on objective facts in the Assessing
Official's narrative and should provide your views on the causes and ramifications of the
assessed performance. In addition to the ratings and supporting narratives, block 1 - 17 should
be reviewed for accuracy, as these include key fields that will be used by the Government to
identify your firm in future source selection actions. If you elect not to provide comments,
please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then
signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to
sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR
Document No.
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GSU Transformers and Associated Equipment Replacement
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within 30 days, it will automatically be returned to the Government and will be annotated: "The
report was delivered/received by the contractor on (date). The contractor neither signed nor
offered comment in response to this assessment." Your response is due within 30 calendar days
after receipt of the CPAR.
(f) The following guidelines apply concerning your use of the past performance evaluation:
(1) Protect the evaluation as "source selection information." After review, transmit the
evaluation by completing and submitting the form through CPARS. If for some reason you are
unable to view and/or submit the form through CPARS< contact the Contracting Officer for
instructions.
(2) Strictly control access to the evaluation within your organization. Ensure the
evaluation is never released to persons or entities outside of your control.
(3) Prohibit the use of or reference to evaluation data for advertised, promotional
material, preaward surveys, responsibility determinations, production readiness reviews, or other
similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in
writing to the Contracting Officer no later than seven days following your receipt of the
evaluation. The meeting will be held in person or via telephone or other means during your 30 day review period.
(h) A copy of the completed past performance evaluation will be available in CPARS for your
viewing and for Government use supporting source selection actions after it has been finalized.
Document No.
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GSU Transformers and Associated Equipment Replacement
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SECTION I -- CONTRACT CLAUSES
The following clauses pertain only to Schedules A-1, A-2, B-1, B-2, C-1, C-2,
D-1, and D-2, supply requirements.
I.1
52.252-02
CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically at the following
addresses:
FAR Clauses - https://www.acquisition.gov/far/
DOi Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.5
8.46&idno=48
Clause
52.203-06
52.211-05
52.222-19
52.225-01
52.227-02
52.227-03 A1
52.234-01
52.243-01
52.248-01
52.249-02
52.249-08
I.2
52.232-01
Title
Restrictions On Subcontractor Sales To The
Government
Material Requirements.
Child Labor- Cooperation with Authorities and
Remedies
Buy American Act - Supplies
Notice And Assistance Regarding Patent And Copy
Infringement
Patent Indemnity - Alternate I
Industrial Resources Developed Under Defense
Production Act Title III
Changes--Fixed Price
Value Engineering
Termination for Convenience of the Government
(Fixed-Price)
Default (Fixed-Price Supply and Service)
PAYMENTS (DEVIATION)
Date
September 2006
August 2000
March 2012
February 2009
December 2007
April 1984
December 1994
August 1987
October 2010
April 2012
April 1984
APRIL 1984
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers,
seventy five percent (75%) of the prices stipulated in Section B of this contract upon delivery of
supplies to the construction site (Glen Canyon Dam). The Government shall pay the contractor,
upon submission of proper invoices or vouchers, the remaining twenty five percent (25%) upon
Document No.
Document Title
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GSU Transformers and Associated Equipment Replacement
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installation, testing, and acceptance of the items by the Government. Unless otherwise specified
in this contract, payment shall be made only on complete deliveries of the items specified in each
CLIN in the Schedule.
I.3
52.232-09
LIMITATION ON WITHOLDING OF PAYMENT
APRIL 1984
If more than one clause or Schedule term of this contract authorizes the temporary withholding
of amounts otherwise payable to the Contractor for supplies delivered or services performed, the
total of the amounts withheld at any one time shall not exceed the greatest amount that may be
withheld under any one clause or Schedule term at that time; provided, that this limitation shall
not apply to-(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is
inappropriate.
I.4
52.232-11
Extras
April 1984
Except as otherwise provided in this contract, no payment for extras shall be made unless such
extras, and the price therefore, have been authorized in writing by the Contracting Officer.
I.5
52.232-25
PROMPT PAYMENT (DEVIATION)
OCTOBER 2008
Notwithstanding any other payment clause in this contract, the Government will make invoice
payments under the terms and conditions specified in this clause for the items in schedules A-1,
A-2, B-1, B-2, C-1, C-2, D-1, and D-2. If an invoice includes items from Schedules A-3, B-3, C3, or D-3, as well as the supply schedules, the terms and conditions identified in this clause will
prevail. The Government considers payment as being made on the day a check is dated or the
date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections
2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this
clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this
clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments.
(1) Due date.
(i) Except as indicated in subparagraph (a)(2) and paragraph (c) of this clause, the due
date for making invoice payments by the designated payment office is the later of the
following two events:
(A) The 30th day after the designated billing office has received a proper invoice
from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause).
Document No.
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GSU Transformers and Associated Equipment Replacement
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(B) The 30th day after Government acceptance of supplies delivered or services
performed by the Contractor. For a final invoice, when the payment amount is
subject to contract settlement actions, acceptance is deemed to occur on the
effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of
receipt at the time of receipt, the invoice payment due date is the 30th day after the date
of the Contractor's invoice, provided the designated billing office receives a proper
invoice and there is no disagreement over quantity, quality, or Contractor compliance
with contract requirements.
(2) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable
agricultural commodities; and dairy products, edible fats or oils, and food products
prepared from edible fats
or oils are(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers
and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L.
98-181, including any edible fresh or frozen poultry meat, any perishable poultry
meat food product, fresh eggs, and any perishable egg product, as close as
possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood
Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later
than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the
Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as
possible to, but not later than, the 10th day after product delivery, unless another
date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products
prepared from edible fats or oils, as close as possible to, but not later than, the
10th day after the date on which a proper invoice has been received. Liquid milk,
cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise,
salad dressings, and other similar products, fall within this classification. Nothing
in the Act limits this classification to refrigerated products. When questions arise
regarding the proper classification of a specific product, prevailing industry
practices will be followed in specifying a contract payment due date. The burden
of proof that a classification of a specific product is, in fact, prevailing industry
practice is upon the Contractor making the representation.
Document No.
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GSU Transformers and Associated Equipment Replacement
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(ii) If the contract does not require submission of an invoice for payment (e.g., periodic
lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated
billing office specified in the contract. A proper invoice must include the items listed in
paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these
requirements, the designated billing office will return it within 7 days after receipt (3 days for
meat, meat food products, or fish; 5 days for perishable
agricultural commodities, dairy products, edible fats or oils, and food products prepared from
edible fats or oils), with the reasons why it is not a proper invoice. The Government
will take into account untimely notification when computing any interest penalty owed the
Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as
possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed
(including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies
delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount
for prompt payment terms). Bill of lading number and weight of shipment will be
shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the
same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to
notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if
required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for
the invoice to be a proper invoice, the Contractor shall have submitted correct
EFT banking information in accordance with the applicable solicitation provision
(e.g., 52.232-38, Submission of Electronic Funds Transfer Information with
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Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration, or 52.232-34, Payment by Electronic Funds
Transfer-Other Than Central Contractor Registration), or applicable agency
procedures.
(C) EFT banking information is not required if the Government waived the
requirement to pay by EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of
shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically,
without request from the Contractor, if payment is not made by the due date and the
conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable.
However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated
payment office may make payment on the following working day without incurring a late
payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation
authorizing payment, and there was no disagreement over quantity, quality, or Contractor
compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies
delivered or services performed, the amount was not subject to further contract settlement
actions between the Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in
accordance with the Office of Mangement and Budget prompt payment regulations at 5 CFR
part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor,
Government acceptance is deemed to occur constructively on the 7th day (unless
otherwise specified in this contract) after the Contractor delivered the supplies or
performed the services in accordance with the terms and conditions of the contract, unless
there is a disagreement over quantity, quality, or Contractor compliance with a contract
provision. If actual acceptance occurs within the constructive acceptance period, the
Government will base the determination of an interest penalty on the actual date of
acceptance. The constructive acceptance requirement does not, however, compel
Government officials to accept supplies or services, perform contract administration
functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government
to pay interest penalties if payment delays are due to disagreement between the
Government and the Contractor over the payment amount or other issues involving
Document No.
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contract compliance, or on amounts temporarily withheld or retained in accordance with
the terms of the contract. The Government and the Contractor shall resolve claims
involving disputes, and any interest that may be payable in accordance with the clause at
52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest
penalty automatically, without request from the Contractor, if the Government takes a
discount for prompt payment improperly. The Government will calculate the interest penalty
in accordance with the prompt payment regulations at 5 CFR part 1315.
(7) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance
with prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty
amount only if-(A) The Government owes an interest amount of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10
days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for
additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause,
postmarked not later than 40 days after the invoice amount is paid.
(ii)
(A) The Contractor shall support written demands for additional penalty payments
with the following data. The Government will not request any additional data. The
Contractor shall-(1) Specifically assert that late payment interest is due under a specific invoice,
and request payment of all overdue late payment interest penalty and such
additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest was
due; and
(3) State that payment of the principal has been received, including the date of
receipt.
(B) If there is no postmark or the postmark is illegible-(1) The designated payment office that receives the demand will annotate it
with the date of receipt, provided the demand is received on or before the 40th
day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the
Government will determine the demand's validity based on the date the
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Contractor has placed on the demand, provided such date is no later than the
40th day after payment was made.
(iii)
The additional penalty does not apply to payments regulated by other Government
regulation (e.g. payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payments. If this contract provides for contract financing, the
Government will make contract financing payments in accordance with the applicable contract
financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast
Payment Procedure, payments will be made within 15 days after the date of receipt of the
invoice.
(d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the Government has otherwise overpaid on a contract financing or invoice
payment, the Contractor shall(1) Remit the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected contract line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
I.6
52.246-18
WARRANTY OF SUPPLIES OF A COMPLEX NATURE
MAY 2001
(a) Definitions. As used in this clause"Acceptance" means the act of an authorized representative of the Government by which the
Government assumes for itself, or as an agent of another, ownership of existing and identified
supplies, or approves specific services rendered, as partial or complete performance of the
contract.
"Supplies" means the end items furnished by the Contractor and related services required
under this contract. The word does not include "data."
(b) Contractor's obligations.
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(1) The Contractor warrants that for a period of three (3) years after the transformers
commence operations or 5 years after acceptance of work, whichever comes first, all supplies
furnished under this contract will be free from defects in material and workmanship and will
conform with all requirements of this contract; provided, however, that with respect to
Government-furnished property, the Contractor's warranty shall extend only to its proper
installation, unless the Contractor performs some modification or other work on the property,
in which case the Contractor's warranty shall extend to the modification or other work.
(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the
conditions of this clause to the same extent as supplies initially delivered. This warranty shall
be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the
date of delivery of the corrected or replaced supplies.
(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling,
drawings, or other equipment or supplies necessary to accomplish the correction or
replacement have been made unavailable to the Contractor by action of the Government. In
the event that correction or replacement has been directed, the Contractor shall promptly
notify the Contracting Officer, in writing, of the nonavailability.
(4) The Contractor shall also prepare and furnish to the Government data and reports
applicable to any correction required (including revision and updating of all affected data
called for under this contract) at no increase in the contract price.
(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation
costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the
point of acceptance) to the Contractor's plant and return.
(6) All implied warranties of merchantability and "fitness for a particular purpose" are
excluded from any obligation contained in this contract.
(c) Remedies available to the Government.
(1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the
Government may, at no increase in contract price(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of
the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace,
at the Contractor's election, defective or nonconforming supplies; or
(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and
installation instructions required to successfully accomplish the correction.
(2) If the Contracting Officer does not require correction or replacement of defective or
nonconforming supplies or the Contractor is not obligated to correct or replace under
paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in
the contract price.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 59 of 157
(3) The Contracting Officer shall notify the Contractor in writing of any breach of the
warranty in paragraph (b) of this clause within 45 days after discovery of the defect. The
Contractor shall submit to the Contracting Officer a written recommendation within 30 days
of receipt of the notification as to the corrective action required to remedy the breach. After
the notice of breach, but not later than 90 days after receipt of the Contractor's
recommendation for corrective action, the Contracting Officer may, in writing, direct
correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall,
notwithstanding any disagreement regarding the existence of a breach of warranty, comply
with this direction. If it is later determined that the Contractor did not breach the warranty in
paragraph (b)(1) of this clause, the contract price will be equitably adjusted.
(4) If supplies are corrected or replaced, the period for notification of a breach of the
Contractor's warranty in paragraph (c)(3) of this clause shall be 45 days after discovery of the
defect of the corrected or replaced supplies or parts thereof, or, if correction or replacement is
effected by the Contractor at a Government or other activity, for 45 days after discovery of the
defect.
(5) The rights and remedies of the Government provided in this clause are in addition to and
do not limit any rights afforded to the Government by any other clause of the contract.
I.7
WBR
1452.246-81,
ALT VI
FAILURE TO MEET PERFORMANCE
WARRANTIES - ALTERNATE VI-BUREAU OF RECLAMATION
SEPTEMBER 1995
(a) In addition to any other warranties in this contract, this clause is applicable when end items
furnished by the Contractor do not meet Reclamation-conducted performance warranties listed in
the Supplies or Services and Prices section of Section B, Reclamation will conduct factory tests,
field tests, or operations under service conditions as specified in this contract in accordance with
Section C, Description/Specifications.
(b) The Contracting Officer will notify the Contractor, within a reasonable time after discovery
that the item does not meet warranty requirements under the "Warranty Characteristics"
paragraph of Section B, Supplies or Services and Prices. The Contractor will be given an
opportunity to repair or replace defective equipment at the Contractor's expense.
(c) If the contractor does not repair or replace defective equipment, the Government may elect to
accept equipment which does not pass factory test, field test, or operation under service
conditions, and which does not meet the requirements of performance warranties, and the
Government shall be entitled to an equitable reduction in the contract price for such equipment.
Because of the impossibility of determining the actual loss to the Government due to such failure
to meet warranties, the Government will adjust the contract price in accordance with the
liquidated damages in paragraph (d) (if included in this clause). All adjustments made in
accordance with paragraph (d) of this clause shall be cumulative with no credit given for
equipment that exceeds performance warranties. If the adjustments result in a reduction in the
contract price which exceeds the amount due the Contractor, the Contractor shall promptly
refund to the Government the excess amount and the Contractor and its sureties shall be liable
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 60 of 157
for that amount. This Adjustment shall be final and conclusive for both the Contractor and the
Government, and neither party can use this adjustment as a basis for a claim against the other
party.
(d)(1) The actual loss of each transformer will be determined on the same basis and service
conditions as stated in the "Warranted Characteristics" paragraph of the Supplies or Services and
Prices section of Section B. Each kilowatt that the actual losses of each transformer exceeds the
warranted losses will be multiplied by the following rates:
No-load loss ............................................ $ 2,839 per kW
Load loss
............................................ $ 642 per kW
Total loss
............................................ $ 989 per kW
(2) The Government will consider load loss as the difference between the total loss and
the no-load loss. The contract price of the transformer will be reduced by the sum of the
evaluated losses produced by the multiplication of the loss times the rate.
The following clauses pertain only to Schedules A-3, B-3, C-3, and D-3, service
(construction) requirements.
I.8
52.252-02
CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically at the following
addresses:
FAR Clauses - https://www.acquisition.gov/far/
DOi Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.5
8.46&idno=48
Clause
52.222-06
52.222-07
52.222-08
52.222-09
52.222-10
52.222-11
52.222-12
52.222-13
52.222-14
52.222-15
Title
Davis Bacon Act
Withholding of Funds
Payrolls and Basic Records
Apprentices and Trainees
Compliance with Copeland Act Requirements
Subcontracts (Labor Standards)
Contract Termination-Debarment
Compliance with Davis-Bacon and Related Act
Regulations.
Disputes Concerning Labor Standards
Certification of Eligibility
Date
July 2005
February 1988
June 2010
July 2005
February 1988
July 2005
February 1988
February 1988
February 1988
February 1988
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
52.222-17
52.222-27
Nondisplacement of Qualified Workers
Affirmative Action Compliance Requirements for
Construction
Patent Indemnity-Construction Contracts
Patent Rights--Ownership By The Contractor
Additional Bond Security
Prospective Subcontractor Requests for Bonds
Differing Site Conditions
Site Investigation and Conditions Affecting the Work
Material and Workmanship
Permits and Responsibilities
Protection of Existing Vegetation, Structures,
Equipment, Utilities, and Improvements
Operations and Storage Areas
Use and Possession Prior to Completion
Cleaning Up
Accident Prevention
Availability and Use of Utility Services
Quantity Surveys
Specifications and Drawings for Construction
Changes
Value Engineering-Construction
Termination for Convenience of the Government
(Fixed-Price) - Alternate I
Default (Fixed-Price Construction)
52.227-04
52.227-11
52.228-02
52.228-12
52.236-02
52.236-03
52.236-05
52.236-07
52.236-09
52.236-10
52.236-11
52.236-12
52.236-13
52.236-14
52.236-16
52.236-21
52.243-04
52.248-03
52.249-02 A1
52.249-10
I.9
1452.20470
RELEASE OF CLAIMS--DEPARTMENT OF THE
INTERIOR
Page 61 of 157
January 2013
February 1999
December 2007
December 2007
October 1997
October 1995
April 1984
April 1984
April 1984
November 1991
April 1984
April 1984
April 1984
April 1984
November 1991
April 1984
April 1984
February 1997
June 2007
October 2010
September 1996
April 1984
JULY 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.
Note: The following clause has been moved to I.45 and applies to all schedules in Section B.
I.10 52.219-14
LIMITATIONS ON SUBCONTRACTING
NOVEMBER 2011
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to -(1) Contracts that have been set aside or reserved for small buisness concerns or 8(a)
concerns;
(2) Part or parts of a multiple-award contract that have been set aside for small business
concerns or 8(a) concerns; and
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 62 of 157
(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as
described in 8.405-5 and 16.505(b)(2)(i)(f).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in
performance of the contract in the case of a contract for-(1) Services (except construction). At least 50 percent of the cost of contract performance
incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern
shall perform work for at least 50 percent of the cost of manufacturing the supplies, not
including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the
contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of
the cost of the contract, not including the cost of materials, with its own employees.
I-11
52.225-11
BUY AMERICAN ACT - CONSTRUCTION
MATERIALS UNDER TRADE AGREEMENTS
(a)
Definitions. As used in this clause--
NOVEMBER
2012
"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);
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 63 of 157
"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 dutyfree 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 (Armenia,
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) Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa
Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of),
Mexico, Morocco, Nicaragua, Oman, Panama, 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, 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, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti,
Document No.
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R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 64 of 157
Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines,
Sint Eustatius, Sint Maarten, 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;
(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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 65 of 157
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 83) by providing a preference
for domestic construction material. In accordance with 41 U.S.C. 1907, 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 information
technology that is a commercial item or 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.
(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;
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 66 of 157
(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 Measure
Quantity
Price (Dollars)*
Foreign construction material
Domestic construction material
Item 1:
____________
____________
______
______
____________
____________
Foreign construction material
Domestic construction material
Item 2:
____________
____________
______
______
____________
____________
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 67 of 157
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site and any applicable duty (whether or
not a duty-free entry certificate is issued).]
I.12
52.228-01
BID GUARANTEE
SEPTEMBER 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 ten (10) percent of the bid price for Schedules A-3,
B-3, C-3, and D-3, or $2,000,000, 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.
I.13
52.228-15
PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION
OCTOBER 2010
(a) Definitions. As used in this clause"Original contract price" means the award price of the contract; or, for requirements contracts,
the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the
price payable for the specified minimum quantity. Original contract price does not include the
price of any options, except those options exercised at the time of contract award.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 68 of 157
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the
successful offeror shall furnish performance and payment bonds to the Contracting Officer as
follows:
(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the
time of contract award shall be 100 percent of the combined original contract price for
Schedules A-3, B-3, C-3, and D-3.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of
contract award shall be 100 percent of the combined original contract price for Schedules A-3,
B-3, C-3, and D-3.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if
the contract price is increased. The increase in protection generally will equal 100 percent
of the increase in contract price for the identified schedules.
(ii) The Government may secure the additional protection by directing the Contractor to
increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any
necessary reinsurance agreements, to the Contracting Officer, within the time period specified in
the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer,
but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment,
supported by corporate sureties whose names appear on the list contained in Treasury
Department Circular 570, individual sureties, or by other acceptable security such as postal
money order, certified check, cashier 's check, irrevocable letter of credit, or, in accordance with
Treasury Department regulations, certain bonds or notes of the United States. Treasury
Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of Treasury
Financial Management Service
Surety Bond Branch
3700 East West Highway, Room 6F01
Hyattsville, MD 20782
Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to
sue on the payment bond is void unless it is in writing, signed by the person whose right is
waived, and executed after such person has first furnished labor or material for use in the
performance of the contract.
I.14
52.232-05
PAYMENTS UNDER FIXED-PRICE
CONSTRUCTION CONTRACTS
SEPTEMBER 2002
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 69 of 157
(a) Payment of price. The Government shall pay the Contractor the contract price as provided in
this contract.
(b) Progress payments. The Government shall make progress payments monthly as the work
proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of
work accomplished which meets the standards of quality established under the contract, as
approved by the Contracting Officer.
(1) The Contractor's request for progress payments shall include the following substantiation:
(i) An itemization of the amounts requested, related to the various elements of work
required by the contract covered by the payment requested.
(ii) A listing of the amount included for work performed by each subcontractor under the
contract.
(iii) A listing of the total amount of each subcontract under the contract.
(iv) A listing of the amounts previously paid to each such subcontractor under the contract.
(v) Additional supporting data in a form and detail required by the Contracting Officer.
(2) In the preparation of estimates, the Contracting Officer may authorize material delivered
on the site and preparatory work done to be taken into consideration. Material delivered to the
Contractor at locations other than the site also may be taken into consideration if-(i) Consideration is specifically authorized by this contract; and
(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material
and that the material will be used to perform this contract.
(c) Contractor certification. Along with each request for progress payments, the Contractor shall
furnish the following certification, or payment shall not be made: (However, if the Contractor
elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)
I hereby certify, to the best of my knowledge and belief, that-(1) The amounts requested are only for performance in accordance with the specifications,
terms, and conditions of the contract;
(2) All payments due to subcontractors and suppliers from previous payments received under
the contract have been made, and timely payments will be made from the proceeds of the
payment covered by this certification, in accordance with subcontract agreements and the
requirements of chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime
contractor intends to withhold or retain from a subcontractor or supplier in accordance with
the terms and conditions of the subcontract; and
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 70 of 157
(4) This certification is not to be construed as final acceptance of a subcontractor's
performance.
_____________________
(Name)
______________________
(Title)
______________________
(Date)
(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress
payments, discovers that a portion or all of such request constitutes a payment for performance
by the Contractor that fails to conform to the specifications, terms, and conditions of this contract
(hereinafter referred to as the "unearned amount"), the Contractor shall-(1) Notify the Contracting Officer of such performance deficiency; and
(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in
the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount
from the 8th day after the date of receipt of the unearned amount until-(i) The date the Contractor notifies the Contracting Officer that the performance deficiency
has been corrected; or
(ii) The date the Contractor reduces the amount of any subsequent certified request for
progress payments by an amount equal to the unearned amount.
(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any
period for which a progress payment is to be made, the Contracting Officer shall authorize
payment to be made in full. However, if satisfactory progress has not been made, the Contracting
Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory
progress is achieved. When the work is substantially complete, the Contracting Officer may
retain from previously withheld funds and future progress payments that amount the Contracting
Officer considers adequate for protection of the Government and shall release to the Contractor
all the remaining withheld funds. Also, on completion and acceptance of each separate building,
public work, or other division of the contract, for which the price is stated separately in the
contract, payment shall be made for the completed work without retention of a percentage.
(f) Title, liability, and reservation of rights. All material and work covered by progress payments
made shall, at the time of payment, become the sole property of the Government, but this shall
not be construed as--
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 71 of 157
(1) Relieving the Contractor from the sole responsibility for all material and work upon which
payments have been made or the restoration of any damaged work; or
(2) Waiving the right of the Government to require the fulfillment of all of the terms of the
contract.
(g) Reimbursement for bond premiums. In making these progress payments, the Government
shall, upon request, reimburse the Contractor for the amount of premiums paid for performance
and payment bonds (including coinsurance and reinsurance agreements, when applicable) after
the Contractor has furnished evidence of full payment to the surety. The retainage provisions in
paragraph (e) of this clause shall not apply to that portion of progress payments attributable to
bond premiums.
(h) Final payment. The Government shall pay the amount due the Contractor under this contract
after-(1) Completion and acceptance of all work;
(2) Presentation of a properly executed voucher; and
(3) Presentation of release of all claims against
the Government arising by virtue of this contract, other than claims, in stated amounts, that
the Contractor has specifically excepted from the operation of the release. A release may also
be required of the assignee if the Contractor's claim to amounts payable under this contract
has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41
U.S.C. 15).
(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract,
progress payments shall not exceed 80 percent on work accomplished on undefinitized contract
actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1,
including contract modifications for additional supplies or services, but not including contract
modifications that are within the scope and under the terms of the contract, such as contract
modifications issued pursuant to the Changes clause, or funding and other administrative
changes.
(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the
amount payable under subparagraph (d)(2) of this clause shall be-(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned
at the most recent auction of such bills prior to the date the Contractor receives the unearned
amount; and
(2) Deducted from the next available payment to the Contractor.
I.15
52.232-27
PROMPT PAYMENT FOR CONSTRUCTION
CONTRACTS (DEVIATION)
OCTOBER 2008
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 72 of 157
Notwithstanding any other payment terms in this contract, the Government will make invoice
payments under the terms and conditions specified in this clause for items identified in Schedules
A-3, B-3, C-3, and D-3. The Government considers payment as being made on the day a check is
dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in
sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in
this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3)
concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments—
(1) Types of invoice payments. For purposes of this clause, there are several types of invoice
payments that may occur under this contract, as follows:
(i) Progress payments, if provided for elsewhere in this contract, based on Contracting
Officer approval of the estimated amount and value of work or services performed,
including payments for reaching milestones in any project.
(A) The due date for making such payments is 14 days after the designated billing
office receives a proper payment request for items in the specified schedules. If items
from other Schedules are included in and invoice the terms and conditions of
Clause I, FAR 52.232-25, Prompt Payment will apply. If the designated billing office
fails to annotate the payment request with the actual date of receipt at the time of
receipt, the payment due date is the 14th day after the date of the Contractor’s payment
request, provided the designated billing office receives a proper payment request and
there is no disagreement over quantity, quality, or Contractor compliance with contract
requirements.
(B) The due date for payment of any amounts retained by the Contracting Officer in
accordance with the clause at 52.232-5, Payments Under Fixed-Price Construction
Contracts, is as specified in the contract or, if not specified, 30 days after approval by
the Contracting Officer for release to the Contractor.
(ii) Final payments based on completion and acceptance of all work and presentation of
release of all claims against the Government arising by virtue of the contract, and
payments for partial deliveries that have been accepted by the Government (e.g., each
separate building, public work, or other division of the contract for which the price is
stated separately in the contract).
(A) The due date for making such payments is the later of the following two events:
(1) The 30th day after the designated billing office receives a proper invoice from the
Contractor.
(2) The 30th day after Government acceptance of the work or services completed by
the Contractor. For a final invoice when the payment amount is subject to contract
settlement actions (e.g., release of claims), acceptance is deemed to occur on the
effective date of the contract settlement.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 73 of 157
(B) If the designated billing office fails to annotate the invoice with the date of actual
receipt at the time of receipt, the invoice payment due date is the 30th day after the date
of the Contractor’s invoice, provided the designated billing office receives a proper
invoice and there is no disagreement over quantity, quality, or Contractor compliance
with contract requirements.
(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated
billing office specified in the contract. A proper invoice must include the items listed in
paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these
requirements, the designated billing office must return it within 7 days after receipt, with the
reasons why it is not a proper invoice. When computing any interest penalty owed the
Contractor, the Government will take into account if the Government notifies the Contractor
of an improper invoice in an untimely manner.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as
possible to the date of mailing or transmission.)
(iii) Contract number or other authorization for work or services performed (including
order number and contract line item number).
(iv) Description of work or services performed.
(v) Delivery and payment terms (e.g., discount for prompt payment terms).
(vi) Name and address of Contractor official to whom payment is to be sent (must be the
same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to
notify in the event of a defective invoice.
(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the
amounts requested and certification in accordance with the requirements of the clause at
52.232-5, Payments Under Fixed-Price Construction Contracts.
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if
required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the
invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking
information in accordance with the applicable solicitation provision (e.g., 52.232-38,
Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g.,
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 74 of 157
52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or
52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor
Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement
to pay by EFT.
(xi) Any other information or documentation required by the contract.
(3) Interest penalty. The designated payment office will pay an interest penalty automatically,
without request from the Contractor, if payment is not made by the due date and the
conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable.
However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated
payment office may make payment on the following working day without incurring a late
payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation
authorizing payment and there was no disagreement over quantity, quality, Contractor
compliance with any contract term or condition, or requested progress payment amount.
(iii) In the case of a final invoice for any balance of funds due the Contractor for work or
services performed, the amount was not subject to further contract settlement actions
between the Government and the Contractor.
(4) Computing penalty amount. The Government will compute the interest penalty in
accordance with the Office of Management and Budget prompt payment regulations at 5 CFR
Part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor
for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or
approval is deemed to occur constructively on the 7th day after the Contractor has
completed the work or services in accordance with the terms and conditions of the
contract. If actual acceptance or approval occurs within the constructive acceptance or
approval period, the Government will base the determination of an interest penalty on the
actual date of acceptance or approval. Constructive acceptance or constructive approval
requirements do not apply if there is a disagreement over quantity, quality, or Contractor
compliance with a contract provision. These requirements also do not compel Government
officials to accept work or services, approve Contractor estimates, perform contract
administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government
to pay interest penalties if payment delays are due to disagreement between the
Government and the Contractor over the payment amount or other issues involving
contract compliance, or on amounts temporarily withheld or retained in accordance with
the terms of the contract. The Government and the Contractor shall resolve claims
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 75 of 157
involving disputes, and any interest that may be payable in accordance with the clause at
FAR 52.233-1, Disputes.
(5) Discounts for prompt payment. The designated payment office will pay an interest penalty
automatically, without request from the Contractor, if the Government takes a discount for
prompt payment improperly. The Government will calculate the interest penalty in
accordance with the prompt payment regulations at 5 CFR Part 1315.
(6) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance with
the prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty
amount only if—
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after
the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for
additional penalty payment, in accordance with paragraph (a)(6)(ii) of this clause,
postmarked not later than 40 days after the date the invoice amount is paid.
(ii)(A) The Contractor shall support written demands for additional penalty payments with
the following data. The Government will not request any additional data. The Contractor
shall—
(1) Specifically assert that late payment interest is due under a specific invoice, and
request payment of all overdue late payment interest penalty and such additional
penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest was due;
and
(3) State that payment of the principal has been received, including the date of
receipt.
(B) If there is no postmark or the postmark is illegible—
(1) The designated payment office that receives the demand will annotate it with the
date of receipt provided the demand is received on or before the 40th day after
payment was made; or
(2) If the designated payment office fails to make the required annotation, the
Government will determine the demand’s validity based on the date the Contractor
has placed on the demand, provided such date is no later than the 40th day after
payment was made.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 76 of 157
(b) Contract financing payments. If this contract provides for contract financing, the Government
will make contract financing payments in accordance with the applicable contract financing
clause.
(c) Subcontract clause requirements. The Contractor shall include in each subcontract for
property or services (including a material supplier) for the purpose of performing this contract
the following:
(1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay
the subcontractor for satisfactory performance under its subcontract not later than 7 days from
receipt of payment out of such amounts as are paid to the Contractor under this contract.
(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay
to the subcontractor an interest penalty for each payment not made in accordance with the
payment clause—
(i) For the period beginning on the day after the required payment date and ending on the
date on which payment of the amount due is made; and
(ii) Computed at the rate of interest established by the Secretary of the Treasury, and
published in the Federal Register, for interest payments under section 12 of the Contract
Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the
obligation to pay an interest penalty.
(3) Subcontractor clause flowdown. A clause requiring each subcontractor to—
(i) Include a payment clause and an interest penalty clause conforming to the standards set
forth in paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and
(ii) Require each of its subcontractors to include such clauses in their subcontracts with
each lower-tier subcontractor or supplier.
(d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall
not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate,
and to include in their subcontract, provisions that—
(1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a
specified percentage of each progress payment otherwise due to a subcontractor for
satisfactory performance under the subcontract without incurring any obligation to pay a late
payment interest penalty, in accordance with terms and conditions agreed to by the parties to
the subcontract, giving such recognition as the parties deem appropriate to the ability of a
subcontractor to furnish a performance bond and a payment bond;
(2) Withholding permitted. Permit the Contractor or subcontractor to make a determination
that part or all of the subcontractor’s request for payment may be withheld in accordance with
the subcontract agreement; and
(3) Withholding requirements. Permit such withholding without incurring any obligation to
pay a late payment penalty if—
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 77 of 157
(i) A notice conforming to the standards of paragraph (g) of this clause previously has been
furnished to the subcontractor; and
(ii) The Contractor furnishes to the Contracting Officer a copy of any notice issued by a
Contractor pursuant to paragraph (d)(3)(i) of this clause.
(e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to
the Government but before making a payment to a subcontractor for the subcontractor’s
performance covered by the payment request, discovers that all or a portion of the payment
otherwise due such subcontractor is subject to withholding from the subcontractor in accordance
with the subcontract agreement, then the Contractor shall—
(1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of
paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a
withholding, but prior to the due date for subcontractor payment;
(2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a
copy of the notice furnished to the subcontractor pursuant to paragraph (e)(1) of this clause;
(3) Subcontractor progress payment reduction. Reduce the subcontractor’s progress payment
by an amount not to exceed the amount specified in the notice of withholding furnished under
paragraph (e)(1) of this clause;
(4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the
correction of the identified subcontract performance deficiency, and—
(i) Make such payment within—
(A) Seven days after correction of the identified subcontract performance deficiency
(unless the funds therefor must be recovered from the Government because of a
reduction under paragraph (e)(5)(i)) of this clause; or
(B) Seven days after the Contractor recovers such funds from the Government; or
(ii) Incur an obligation to pay a late payment interest penalty computed at the rate of
interest established by the Secretary of the Treasury, and published in the Federal Register,
for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C.
611) in effect at the time the Contractor accrues the obligation to pay an interest penalty;
(5) Notice to Contracting Officer. Notify the Contracting Officer upon—
(i) Reduction of the amount of any subsequent certified application for payment; or
(ii) Payment to the subcontractor of any withheld amounts of a progress payment,
specifying—
(A) The amounts withheld under paragraph (e)(1) of this clause; and
(B) The dates that such withholding began and ended; and
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 78 of 157
(6) Interest to Government. Be obligated to pay to the Government an amount equal to
interest on the withheld payments (computed in the manner provided in 31 U.S.C.
3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government
until—
(i) The day the identified subcontractor performance deficiency is corrected; or
(ii) The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this
clause.
(f) Third-party deficiency reports—
(1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier
subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor
(hereafter referred to as a “second-tier subcontractor”) a written notice in accordance with the
Miller Act (40 U.S.C. 3133), asserting a deficiency in such first-tier subcontractor’s
performance under the contract for which the Contractor may be ultimately liable, and the
Contractor determines that all or a portion of future payments otherwise due such first-tier
subcontractor is subject to withholding in accordance with the subcontract agreement, the
Contractor may, without incurring an obligation to pay an interest penalty under paragraph
(e)(6) of this clause—
(i) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph
(g) of this clause as soon as practicable upon making such determination; and
(ii) Withhold from the first-tier subcontractor’s next available progress payment or
payments an amount not to exceed the amount specified in the notice of withholding
furnished under paragraph (f)(1)(i) of this clause.
(2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days
after receipt of satisfactory written notification that the identified subcontract performance
deficiency has been corrected, the Contractor shall—
(i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier
subcontractor; or
(ii) Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor
computed at the rate of interest established by the Secretary of the Treasury, and published
in the Federal Register, for interest payments under section 12 of the Contracts Disputes
Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to
pay an interest penalty.
(g) Written notice of subcontractor withholding. The Contractor shall issue a written notice of
any withholding to a subcontractor (with a copy furnished to the Contracting Officer),
specifying—
(1) The amount to be withheld;
(2) The specific causes for the withholding under the terms of the subcontract; and
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 79 of 157
(3) The remedial actions to be taken by the subcontractor in order to receive payment of the
amounts withheld.
(h) Subcontractor payment entitlement. The Contractor may not request payment from the
Government of any amount withheld or retained in accordance with paragraph (d) of this clause
until such time as the Contractor has determined and certified to the Contracting Officer that the
subcontractor is entitled to the payment of such amount.
(i) Prime-subcontractor disputes. A dispute between the Contractor and subcontractor relating to
the amount or entitlement of a subcontractor to a payment or a late payment interest penalty
under a clause included in the subcontract pursuant to paragraph (c) of this clause does not
constitute a dispute to which the Government is a party. The Government may not be
interpleaded in any judicial or administrative proceeding involving such a dispute.
(j) Preservation of prime-subcontractor rights. Except as provided in paragraph (i) of this clause,
this clause shall not limit or impair any contractual, administrative, or judicial remedies
otherwiise available to the Contractor or a subcontractor in the event of a dispute involving late
payment or nonpayment by the Contractor or deficient subcontract performance or
nonperformance by a subcontractor.
(k) Non-recourse for prime contractor interest penalty. The Contractor’s obligation to pay an
interest penalty to a subcontractor pursuant to the clauses included in a subcontract under
paragraph (c) of this clause shall not be construed to be an obligation of the Government for such
interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of
such interest penalty.
(l) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the Government has otherwise overpaid on a contract financing or invoice
payment, the Contractor shall—
(1) Remit the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected contract line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
I.16
52.236-06
SUPERINTENDENCE BY THE
CONTRACTOR
April 1984
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 80 of 157
At all times during performance of this contract and until the work is completed and accepted,
the Contractor shall directly superintend the work or assign and have on the worksite a
competent superintendent who is satisfactory to the Contracting Officer and has authority to act
for the Contractor.
I.17
52.236-08
OTHER CONTRACTS (APR 1984)
(DEVIATION)
April 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 during the anticipated performance period.;
Turbine Runner Replacements, Contract No. XXXX will be nearing completion;
Installation of a fire suppression (CO2) system; and
Generator rebuilds/rewinds.
I.18
52.236-15
SCHEDULES FOR CONSTRUCTION
CONTRACTS
April 1984
(a) The Contractor shall, within five days after the work commences on the contract or another
period of time determined by the Contracting Officer, prepare and submit to the Contracting
Officer for approval three copies of a practicable schedule showing the order in which the
Contractor proposes to perform the work, and the dates on which the Contractor contemplates
starting and completing the several salient features of the work (including acquiring materials,
plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to
indicate appropriately the percentage of work scheduled for completion by any given date during
the period. If the Contractor fails to submit a schedule within the time prescribed, the
Contracting Officer may withhold approval of progress payments until the Contractor submits
the required schedule.
(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting
Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to
the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind
the approved schedule, the Contractor shall take steps necessary to improve its progress,
including those that may be required by the Contracting Officer, without additional cost to the
Government. In this circumstance, the Contracting Officer may require the Contractor to increase
the number of shifts, overtime operations, days of work, and/or the amount of construction plant,
and to submit for approval any supplementary schedule or schedules in chart form as the
Contracting Officer deems necessary to demonstrate how the approved rate of progress will be
regained.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 81 of 157
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under
this clause shall be grounds for a determination by the Contracting Officer that the Contractor is
not prosecuting the work with sufficient diligence to ensure completion within the time specified
in the contract. Upon making this determination, the Contracting Officer may terminate the
Contractor's right to proceed with the work, or any separable part of it, in accordance with the
default terms of this contract.
I.19
52.236-26
PRECONSTRUCTION CONFERENCE
February 1995
If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror
will be notified and will be required to attend. The Contracting Officer's notification will include
specific details regarding the date, time, and location of the conference, any need for attendance
by subcontractors, and information regarding the items to be discussed.
I.20
52.246-21
WARRANTY OF CONSTRUCTION
March 1994
(a) In addition to any other warranties in this contract, the Contractor warrants, except as
provided in paragraph (i) of this clause, that work performed under this contract conforms to the
contract requirements and is free of any defect in equipment, material, or design furnished, or
workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 3 years from the date the transformers commence
operations, or 5 years after final acceptance of the work. If the Government takes possession of
any part of the work before final acceptance, the date of possession will replace the date of final
acceptance in regard to the warranty period.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any
defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to
Government owned or controlled real or personal property, when that damage is the result of
(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this
clause. The Contractor's warranty with respect to work repaired or replaced will run for the same
period as the original warranty, beginning from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after
the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after
receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the
failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or
suppliers for work performed and materials furnished under this contract, the Contractor shall--
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 82 of 157
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if
directed by the Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting
Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the
Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or
supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at
any tier, the Contractor shall not be liable for the repair of any defects of material or design
furnished by the Government nor for the repair of any damage that results from any defect in
Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance
clause of this contract with respect to latent defects, gross mistakes, or fraud.
I.21
WBR
1452.223-81
SAFETY AND HEALTH--BUREAU OF
RECLAMATION
MAY 2010
(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 November 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 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/ssle/safety/RSHS/rshs.html.
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 83 of 157
(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.
I.22
WBR
1452.23181
EQUIPMENT OWNERSHIP AND OPERATING
EXPENSE--BUREAU OF RECLAMATION
JULY 1998
(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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 84 of 157
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.
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 85 of 157
(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.23
WBR
1452.23281 ALT III
PAYMENT FOR MOBILIZATION AND
PREPARATORY WORK - ALTERNATE III-BUREAU OF RECLAMATION
JUNE 2002
(a)General. Payment for the Mobilization and Preparatory Work line items of the schedules will
be made as reflected herein. To the extent that this line item exceeds the percentages of total
schedule pricing as estimated by the Contracting Officer in WBR 1452.236 85, Alternate I,
Instruction for Mobilization and Preparatory Work Schedule Line Item, payment will be made as
reflected in Section (d)(3), (4) and (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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 86 of 157
(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.
(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 five (5) percent of the total original schedule amount on
a schedule have been made by the Government for all other work accomplished under that
schedule, the Government shall pay the Contractor fifty (50) percent of the mobilization and
preparatory work schedule line item amount or five (5) percent of the total original schedule
amount (whichever is the lower) exclusive of any payment already made to the Contractor for
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 87 of 157
performance and payment bond premiums and specified insurance under subparagraph (d)(1)
of this clause.
(4) When progress payments totaling ten (10) percent of the total original schedule amount on
a schedule have been made by the Government for all other work accomplished under the
schedule and upon approval of the detailed logic diagram(s) and baseline schedule, the
balance of the amount for the mobilization and preparatory work schedule line item or ten
(10) percent of the total original schedule amount (whichever is the lower) shall be paid to the
contractor.
(5) If the schedule amount for mobilization and preparatory work on a schedule exceeds the
total of the payments allowed under (3) and (4) above, the balance shall be paid when the
schedule work is substantially complete as determined by the Contracting Officer.
I.24
WBR
1452.23282
OTHER INVOICE REQUIREMENTS--BUREAU
OF RECLAMATION
JULY 1998
(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.
I.25
WBR
1452.23684
PRESERVATION OF CULTURAL
RESOURCES--BUREAU OF
RECLAMATION
FEBRUARY 2000
(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 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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 88 of 157
(1) 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.
(2) 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 <http://web.cast.uark.edu/other/nps/nacd>.)
(3) 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 calender 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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 89 of 157
(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.
(1) "Cultural items" as defined by NAGPRA include Native American human remains,
funerary objects, sacred objects, and objects of cultural patrimony.
(2) "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.
(3) "Funerary objects" means Native American items that, as part of the death rite or
ceremony of a culture, are reasonably believed to have been placed intentionally at the time of
death or later with or near individual human remains.
(4) "Human remains" means the physical remains of the body of a person.
(5) "Native American" means of, or relating to, a tribe, people, or culture that is indigenous to
the United States.
(6) "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.
(7) "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.
The following clauses pertain to all Schedules.
I.26
52.252-02
CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically at the following
addresses:
FAR Clauses - https://www.acquisition.gov/far/
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 90 of 157
DOi Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.5
8.46&idno=48
Clause
52.202-01
52.203-03
52.203-05
52.203-07
52.203-08
52.203-10
52.203-12
52.203-13
52.203-14
52.204-04
52.204-10
52.204-13
52.209-06
52.209-10
52.210-01
52.215-02
52.215-08
52.215-11
52.215-13
52.215-14
52.215-21 A3
52.219-08
52.219-28
52.222-03
52.222-04
Title
Definitions
Gratuities
Covenant Against Contingent Fees
Anti-Kickback Procedures
Cancellation, Rescission, and Recovery of Funds for
Illegal or Improper Activity
Price Or Fee Adjustment For Illegal Or Improper
Activity
Limitation On Payments To Influence Certain
Federal Transactions
Contractor Code of Business Ethics and Conduct
Display of Hotline Poster(s)
Printed or Copied Double-Sided on Post Consumer
Fiber Content Paper
Reporting Executive Compensation and First - Tier
Subcontract Awards
Central Contractor Registration Maintenance
Protecting the Government's Interest When
Subcontracting With Contractors Debarred,
Suspended, or Proposed for Debarment
Prohibition on Contracting with Inverted Domestic
Corporations
Market Research
Audit and Records--Negotiation
Order of Precedence--Uniform Contract Format
Price Reduction for Defective Certified Cost or
Pricing Data--Modifications
Subcontractor Certified Cost or Pricing Data-Modifications
Integrity of Unit Prices
Requirements for Certified Cost or Pricing Data and
Data Other Than Certified Cost or Pricing Data-Modifications - Alternate III
Utilization of Small Business Concerns
Post-Award Small Business Program
Rerepresentation
Convict Labor
Contract Work Hours and Safety Standards Act Overtime Compensation
Date
January 2012
April 1984
April 1984
October 2010
January 1997
January 1997
October 2010
April 2010
December 2007
May 2011
August 2012
December 2012
December 2010
May 2011
April 2011
October 2010
October 1997
August 2011
October 2010
October 2010
October 1997
January 2011
April 2012
June 2003
July 2005
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
52.222-20
52.222-21
52.222-26
52.222-35
52.222-36
52.222-37
52.222-40
Walsh-Healy Public Contracts Act
Prohibition of Segregated Facilities
Equal Opportunity
Equal Opportunity for Veterans
Affirmative Action For Workers with Disabilities
Employment Reports on Veterans
Notification of Employee Rights Under the National
Labor Relations Act
Combating Trafficking in Persons
Employment Eligibility Verification
Hazardous Material Identification and Material
Safety Data (Jan 1997) - Alternate I
Pollution Prevention and Right-to-Know Information
- Alternate I
Drug Free Workplace
Encouraging Contractor Policies to Ban text
Messaging While Driving
Privacy Act Notification (Jul 1996) (DEVIATION)
Privacy Act
Restrictions on Certain Foreign Purchases
Authorization and Consent
Insurance - Work On A Government Installation
Pledges Of Assets
Irrevocable Letter of Credit
Federal, State And Local Taxes
Interest
Assignment Of Claims
Payment by Electronic Funds Transfer--Central
Contractor Registration
Providing Accelerated Payment to Small Business
Subcontractors (DEVIATION)
Disputes - Alternate I
Protest After Award
Applicable Law for Breach of Contract Claim
Bankruptcy
Change Order Accounting
Notification Of Changes
Preference For U.S. Flag Air Carriers
Preference for Privately Owned U.S. - Flag
Commercial Vessels
Returnable Cylinders
52.222-50
52.222-54
52.223-03 A1
52.223-05 A1
52.223-06
52.223-18
52.224-01
52.224-02
52.225-13
52.227-01
52.228-05
52.228-11
52.228-14
52.229-03
52.232-17
52.232-23
52.232-33
52.232-99
52.233-01 A1
52.233-03
52.233-04
52.242-13
52.243-06
52.243-07
52.247-63
52.247-64
52.247-66
I-27
DIAPR
NON-DISCRIMINATION NOTICE TO US
Page 91 of 157
October 2010
February 1999
March 2007
September 2010
October 2010
September 2010
December 2010
February 2009
July 2012
July 1995
May 2011
May 2001
August 2011
April 1984
April 1984
June 2008
December 2007
January 1997
January 2011
December 1999
April 2003
October 2010
January 1986
October 2003
August 2012
December 1991
August 1996
October 2004
July 1995
April 1984
April 1984
June 2003
February 2006
May 1994
JANUARY 2000
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
2000-1
Page 92 of 157
DEPARTMENT OF THE INTERIOR
CONTRACTORS, SUBCONTRACTORS, AND
LESSORS
Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits
discrimination in the workplace, including sexual harassment, based on race, color, national
origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors,
subcontractors and lessors to develop and enforce comprehensive anti-discrimination policies for
their places of work.
This notice states that Department's non-discrimination policy and encourages the same from its
contractors, subcontractors, and lessors. With the exception of categories protected by law,
compliance is voluntary and no extraordinary enforcement or protection mechanisms on the part
of the Government are implied.
I-28
ET 02-20
AUTHORIZED WORKERS NOTICE TO
POTENTIAL BUREAU OF RECLAMATION
CONTRACTORS
SEPTEMBER
2002
(a) Definitions.
IRCA - Immigration Reform and Control Act of 1986
INA - Immigration and Nationality Act
INS - Immigration and Naturalization Service
SSA - Social Security Administration
INS SAVE Program - The INS Systematic Alien Verification for Entitlements Program
ESA - Employment Standards Administration (Department of Labor)
(a) Authority. Immigration Reform and Control Act of 1986 (8 USC 1101 as amended) and the
Immigration and Nationality Act, Section 274A.
(b) Who is Covered. INA includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. These provisions apply to all employers, including
government contractors.
(c) Basic Provisions/Requirements. Under IRCA, employers may hire only persons who may
legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in
the U.S. The employer must verify the identity and employment eligibility of anyone to be hired,
which includes completing the Employment Eligibility Verification Form (I-9). Employers must
keep each I-9 on file for at least three years, or one year after employment ends, whichever is
longer. Detailed guidance on the I-9 is available at the INS web site: http://www.uscis.gov/i-9
(d) Employment Verification Pilot Programs. The INS and the SSA are conducting the following
programs that provide employers a way to confirm the employment eligibility of their newly
hired employees. Any employer located in a pilot state may volunteer to participate in a pilot
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 93 of 157
program. If employers are not located in a pilot state, they would verify employment eligibility
by following the procedures currently in place, i.e., by completing Form I-9.
(1) The Basic Pilot is a joint pilot being conducted by the INS and SSA in the States of
California, Florida, Illinois, Nebraska, New York, and Texas. This pilot involves verification
checks of the SSA and INS databases of all newly hired employees, regardless of citizenship.
To receive information on the Basic Pilot program please call the INS SAVE Program toll
free at 1-888-464-4218, or fax your request for information to (202) 514-9981, or write to
USINS, SAVE Program, 425 I Street, NW, ULLICO Building 4th Floor, Washington, DC
20536. You may also contact the Social Security Administration by calling (410) 966-1940,
or writing to Social Security Administration, Office of Program Benefits Policy, 6401
Security Blvd., 760 Altmeyer, Baltimore, MD 21235.
(2) The INS is conducting the Citizen Attestation Pilot in the States of Arizona, Maryland,
Massachusetts, Michigan, and Virginia. The Citizen Attestation Pilot permits participating
employers to electronically verify the employment eligibility of newly hired alien employees
by using a personal computer with a modem. To receive information on the Citizen
Attestation Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or
fax your request for information to (202) 514-9981. Employers may also write to US/INS,
SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.
(3) The INS and the SSA are conducting the Machine-Readable Document Pilot in the State
of Iowa. The Machine-Readable Document Pilot is identical to the Basic Pilot in all respects,
except for the geographic scope of the pilot and for one additional feature. If an employee
presents an Iowa's driver's license or identification card containing a machine-readable SSN,
the employer will make an inquiry through the confirmation system by using the machinereadable feature. To receive information on the Machine-Readable Document Pilot program
please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for
information to (202) 514-9981. You may also write to US/INS, SAVE Program, 425 I Street,
NW, ULLICO-4th Floor, Washington, DC 20536.
(e) Employee Rights. The INA protects U.S. citizens and aliens authorized to accept employment
in the U.S. from discrimination in hiring or discharge on the basis of national origin and
citizenship status.
(f) Compliance Assistance. More detailed information, including copies of explanatory brochures
and regulatory and interpretative materials, may be obtained from local offices of the Department
of Labor's Employment Standards Division, Wage and Hour Division, and the Office of Federal
Contract Compliance Programs.
(g) Penalties/Sanctions. Employers who fail to complete and/or retain the I-9 forms are subject to
penalties. The INS enforces the INA requirements on verification of employment eligibility. The
Justice Department enforces the anti-discrimination provisions. As part of their ongoing
enforcement efforts, the ESA's Wage and Hour Division and Office of Federal Contract
Compliance Programs conduct inspections of the I-9 forms. They report their findings to the INS
and to the Department of Justice when they find cases of disparate treatment or unauthorized
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 94 of 157
employment. A debarring official may debar a contractor, based on a determination by the
Attorney General of the United States, or designee, that the contractor is not in compliance with
the INA. The Attorney General's determination is not reviewable in the debarment proceedings
I.29
1452.20370
RESTRICTION ON ENDORSEMENTS-DEPARTMENT OF THE INTERIOR
JULY 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.
I.30
1452.22870
LIABILITY INSURANCE -- DEPARTMENT
OF THE INTERIOR
JULY 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.
I.31
1452.23670
PROHIBITION AGAINST USE OF LEADBASED PAINT -- DEPARTMENT OF THE
INTERIOR
JULY 1996
Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of
lead in the dried film of paint already applied, shall not be used in the construction or
rehabilitation of residential structures under this contract or any resulting subcontracts.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
I.32
52.204-07
CENTRAL CONTRACTOR REGISTRATION
Page 95 of 157
DECEMBER 2012
(a) Definitions. As used in this provision"Central Contractor Registration (CCR) database" means the primary Government repository
for Contractor information required for the conduct of business with the Government.
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by
Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number
assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B
has no affiliation with this 4-character suffix.) This 4- character suffix may be assigned at the
discretion of the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the
same concern.
"Registered in the CCR database" means that- (1) The offeror has entered all mandatory
information, including the DUNS number or the DUNS+4 number, as well as data required by
the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the
CCR database; and (2) The Government has validated all mandatory data fields, to include
validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service
(IRS), and has marked the record "Active". The offeror will be required to provide consent
for TIN validation to the Government as a part of the CCR registration process.
(b)
(1) By submission of an offer, the offeror acknowledges the requirement that a
prospective awardee shall be registered in the CCR database prior to award, during
performance, and through final payment of any contract, basic agreement, basic ordering
agreement, or blanket purchasing agreement resulting from this solicitation.
(2) 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 or DUNS +4
number that identifies the offeror's name and address exactly as stated in the offer. The
DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the CCR database.
(c) 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 of 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 contracting the local Dun and Bradstreet office.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 96 of 157
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
(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).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise
successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration
immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov .
I.33
52.204-09
PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL
January 2011
(a) The Contractor shall comply with agency personal identity verification procedures identified
in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office
of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing
Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to
the Contractor employees in connection with performance under this contract. The Contractor
shall return such identification to the issuing agency at the earliest of any of the following, unless
otherwise determined by the Government:
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 97 of 157
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to
comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts when the subcontractor's employees are required to have routine physical access to
a Federally-controlled facility and/or routine access to a Federally-controlled information
system. It shall be the responsibility of the prime Contractor to return such identification to the
issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless
otherwise approved in writing by the Contracting Officer.
I.34
52.209-09
UPDATES OF PUBLICLY AVAILABLE
INFORMATION REGARDING
RESPONSIBILITY MATTERS
FEBRUARY
2012
(a) The Contractor shall update the information in the Federal Awardee Performance and
Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the
contract, by posting the required information in the Central Contractor Registration database via
https://www.acquisition.gov
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111212), all information posted in FAPIIS on or after April 15, 2011, except past performance
reviews, will be publicly available. FAPIIS consists of two segments (1) The non-public segment, into which Government officials and the Contractor post
information, which can only be viewed by(i) Government personnel and authorized users performing business on behalf of the
Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is
automatically transferred after a waiting period of 14 calendar days, except for(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the
Government official who posted it in accordance with paragraph (c)(1) of this clause.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 98 of 157
(c) The Contractor will receive notification when the Government posts new information to the
Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who
posted the information, that some of the information posted to the non-public segment of
FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the
Government official who posted the information must within 7 calendar days remove the
posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information
procedures, prior to reposting the releasable information. The contractor must cite 52.209-9
and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that
has been posted by the Government. The comments will be retained as long as the associated
information is retained, i.e., for a total period of 6 years. Contractor comments will remain a
part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or
after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under
Freedom of Information Act procedures, including, where appropriate, procedures promulgated
under E.O. 12600.
I.35
52.219-06
NOTICE OF TOTAL SMALL BUSINESS SETASIDE
NOVEMBER
2011
(a) Definition. "Small business concern," as used in this clause, means a concern, including its
affiliates, that is independently owned and operated, not dominant in the field of operation in
which it is bidding on Government contracts, and qualified as a small business under the size
standards in this solicitation.
(b) Applicability. This clause applies only to -(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described
in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns
that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in
performing the contract, only end items manufactured or produced by small business concerns in
the United States or its outlying areas. If this procurement is processed under simplified
acquisition procedures and the total amount of this contract does not exceed $25,000, a small
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 99 of 157
business concern may furnish the product of any domestic firm. This paragraph does not apply
to construction or service contracts.
I.36
52.244-06
SUBCONTRACTS FOR COMMERCIAL
ITEMS
DECEMBER 2010
(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 Contract shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110252, 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 (Jun 2010) (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 (DEC 2010) (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 $6500,000 ($1.5 million 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 (SEP 2010) (38 U.S.C. 4212(a));
(vi) 52.222 36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C.
793); and
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of
FAR clause 52.222-40.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 100 of 157
(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 contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in
subcontracts awarded under this contract.
I.37
52.252-06
AUTHORIZED DEVIATIONS IN CLAUSES
APRIL 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 Acquisition
Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the name of the regulation.
I.38
WBR
1452.22380
ASBESTOS-FREE WARRANTY--BUREAU
OF RECLAMATION
OCTOBER 1992
(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 asbestosfree 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.
I.39
WBR
1452.22382
PROTECTING FEDERAL EMPLOYEES
AND THE PUBLIC FROM EXPOSURE TO
TOBACCO SMOKE IN THE FEDERAL
WORKPLACE -- BUREAU OF
RECLAMATION
DECEMBER
2009
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 101 of 157
(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.
I.40
WBR
1452.228-84
CERTIFICATION OF REPRESENTATIVES
FOR CORPORATE SURETIES--BUREAU OF
RECLAMATION
SEPTEMBER 1996
(a) Each surety company bond, that purports to have been executed by an agent or attorney-infact 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 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.
I.41
WBR
1452.23280
LIMITATION OF FUNDS (FIXED-PRICE
CONTRACT)--BUREAU OF
RECLAMATION
SEPTEMBER
2003
(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 36% of the anticipated contract price is presently
available for payment and allotted under this contract for initiation of the specified work. This
present funding allotment is contemplated to cover the work to be performed at least until
9/30/2013. A schedule for anticipated future funding allotments is 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
On award of contract
2014
2015
2017
36%
26%
26%
12%
(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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 102 of 157
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 Contrating 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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 103 of 157
(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.
I.42
WBR
1452.23381
CLAIMS ACCOUNTING--BUREAU OF
RECLAMATION
JULY 1993
The Contractor shall maintain separate accounting records substantially the same as prescribed
under the Change Order Accounting Clause at FAR 52.243-6 on any claim for adjustment of
contract price that may exceed $50,000 under this contract.
I.43
WBR
1452.23780
SECURITY REQUIREMENTS-BUREAU OF RECLAMATION
FEBRUARY 2011
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 104 of 157
(3) The Contractor's employees governed by this contract may need access to sensitive
information and/or sensitive areas. 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 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 after the electronic 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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 105 of 157
U.S. For all non-U.S. citizens working under this contract, the Contractor shall provide to
the COR, legible and valid copies of the individual's passport and visa (unless individual is
on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or
arriving at the facility. A driver's license is not acceptable identification. In addition, a
completed form I-94 shall be submitted to the COR upon the individual's arrival at the work
facility and prior to beginning work. 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 Contracting Officer (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) Sensitive Information. 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 or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some
cases may include other unclassified information. (The protection of National Security
information is beyond the scope of this clause. If any work on National Security
information is required under this contract, it is addressed under other contract clauses.) The
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 106 of 157
Contractor shall protect this type of information from unauthorized release into public
domain, or to 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 sensitive information (SLE 02-01), which is available from the COR or at
http://www.usbr.gov/recman/DandS.html#sle.
(i) Any Government-furnished information or material does not become the property of
the Contractor and may be withdrawn at any time. Upon expiration or termination 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. Governmentfurnished information residing on any electronic systems (laptops, servers, desktops,
media) shall be deleted from those systems using a COR-approved data erasure
solution. 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, disclosure to Contractor staff not investigated and deemed acceptable at the
appropriate information sensitivity level, and any other public release. The Contractor
shall maintain, and furnish upon request 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.
(ii) 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 ten business days before the proposed date for release. Subcontractors
shall submit requests for authorization to release through the prime Contractor to the
CO.
(iii) 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
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responsibility to include prompt reporting of security issues, including observed or
subsequently discovered efforts by unauthorized persons to gain unauthorized access to
sensitive information.
(2) Classified Information.
(i) The disclosure of U.S. Government documents by third parties can result in damage
to our national security. While this contract may not deal directly with classified
information, each contractor is obligated to protect classified information pursuant to all
applicable laws and to use Government information technology systems in accordance
with agency procedures so that the integrity of such systems is not compromised.
(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on
websites, or other electronic or non-electronic media) do not alter the documents'
classified status or automatically result in declassification of the documents. To the
contrary, classified information, whether or not already posted on public websites
or disclosed to the media, remains classified, and must be treated as such by
Federal employees and contractors, until it is declassified by an appropriate U.S.
Government authority. Executive Order 13526, Classified National Security
Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall
not be declassified automatically as a result of any unauthorized disclosure of identical
or similar information." Although the Department has taken steps to secure access to
publicly published classified materials from Departmental computers, it is important to
understand our continuing duties and responsibilities in this regard.
(iii) Contractors (which include all employees of the contractor, as well as
subcontractors and its employees performing work for the contractor) are reminded of
the following obligations with respect to the treatment of classified information and the
use of non-classified government information technology systems:
(iv) Except as authorized by agency procedures, the contractor shall not, while using
Government issued computers or other devices (such as Blackberries or Smart Phones)
access the web on non-classified Government systems, or access documents that are
marked classified (including classified documents made publicly available by a third
party), as doing so risks that material still classified will be placed onto non-classified
systems. This requirement applies to access that occurs either through agency or
contractor computers, or through employee or contractor personally owned computers
that access non-classified Government systems. This requirement does not restrict
contractor access to non-classified, publicly available news reports (and other nonclassified material) that may in turn discuss classified material, as distinguished from
access to underlying documents that themselves are marked classified (including if the
underlying classified documents are available on public Web sites or otherwise in the
public domain).
(v) Contractors are reminded that only Department of Defense (DoD) facility
clearances and personnel with appropriate security clearances will be issued for any
bureau or office entering into a contract where classified information may be obtained.
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Only those personnel granted a security clearance by DoD will be acceptable to the
Department of the Interior for access to classified information. Consequently, any
classified contracts will be coordinated through the Reclamation Chief Security Officer,
or for IT requirements, the Bureau Chief Information Security Officer (BCISO).
Therefore, no contractor shall access classified information unless proper clearances
have been obtained.
(vi) Classified information shall not be removed from official premises or disclosed
without proper authorization.
(vii) Contractors who believe they may have inadvertently accessed or downloaded
classified or sensitive information on computers that access the web via non-classified
government systems, or without prior authorization, should contact their Contracting
Officer immediately.
(c) Performance of this contract requires contractor personnel to have a Federal governmentissued Personal Identity Verification (PIV) credential before being allowed unsupervised access
to a DOI facility. The Contracting Officer's Representative (COR) or Contracting Officer's
Representative (COR) will be the requesting official and will make arrangements through a DOI
Access Card Sponsor for personal identity verification and DOI Access Card issuance.
(1) Any contract employees that will be issued a PIV Card will be subject to the following
credentialing procedures:
(i) The CO or COR will initiate the e-Qip electronic background investigation process,
and give the Contractor instructions for completing the background investigation and
PIV Card process. As part of the PIV Card process, each Contractor employee shall be
required to appear in person at a Government PIV Enrollment Station to have personal
identity verification documents verified, have a photograph taken, be fingerprinted, and
to pick up and activate the PIV Card when completed. The Contractor must make its
personnel available at the place and time specified by the COR in order to initiate this
process.
(ii) At least two weeks before start of contract performance, the Contractor must
identify all contractor and subcontractor personnel who will require physical access for
performance of work under this contract. Physical Access means routine, unescorted or
unmonitored access to non-public areas of a Federally-controlled facility. Logical
Access means routine, unsupervised access to a Level 3 or 4 Federally controlled
information system. The Contractor must make their personnel available at the place
and time specified by the COR or DOI Access Card Sponsor in order to initiate
screening and background investigations. The following electronic or paper forms and
inquiries, or their equivalent, shall be used to initiate the credentialing process:
(a) OPM Standard Form 85 or 85P
(b) OF 306
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(c) National Criminal History Check (NCHC) (local procedures may require the
fingerprinting to be done at a police station; in this case, any charges are to be
borne by the contractor)
(d) Release to Obtain Credit Information
(e) PIV Card application (web-based)
(f) Fingerprint Card FD-258 or electronic fingerprints (local procedures may
require the fingerprinting to be done at a police station; in this case, any charges are
to be borne by the Contractor)
(iii) The cost of completing the above processes and submitting the above forms,
including any charges for obtaining fingerprints and traveling to a Credentialing Center
for card enrollment and activation, shall be borne by the Contractor. The cost of
suitability and PIV-related background investigations shall be borne by Reclamation.
For contracts that require a national security clearance, the cost of obtaining the national
security clearance, including any associated background investigation, will be borne by
the Contractor.
(iv) Contractor employees are required to complete all forms and 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.
(v) 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) 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=3862.
(vi) Each Contractor employee in a position designated as higher than Low Risk NonSensitive 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;
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or if it is determined that the position has changed and a higher level investigation is
warranted.
(2) 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.
(3) Contractor employees who have been successfully adjudicated will be issued DOI
Access Cards, which must be activated at a USAccess Credentialing Center. Those
Contractor employees not located within a reasonable travel time of a USAccess
Credentialing Center will be screened and issued alternate credentials, such as temporary
access badges.
(4) 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.
(5) 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.
(6) During performance of the contract, the Contractor must keep the COR apprised of
changes in personnel to ensure that performance is not delayed by compliance with
credentialing processes. Cards that have been lost, damaged, or stolen must be reported to
the COR and Issuing Office within 24 hours. If reissuance of expired credentials is needed,
it must be coordinated through the COR.
(7) At the end of the contract performance, or when a contractor employee is no longer
working under this contract, the Contractor must ensure that all identification cards are
returned to the COR.
(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
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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 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 provide controlled access. 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 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
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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 use security facilities and
equipment only for the purposes intended and as directed by the CO. 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 WalkThrough-Metal-Detector device and/or other detection devices.
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(vii) After Duty Hours. No Contractor personnel shall be permitted access to the work
site after the 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 Sensitive Areas. In some instances, the Contractor may be
required to erect temporary security barriers and doors to isolate a sensitive area 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 the sensitive area. The Contractor shall
notify the COR at least one day prior to each requested access to the sensitive area 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, and 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
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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 in compliance with state and Federal laws and
regulations; 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 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.
I.44
WBR
1452.24380 ALT 4
MODIFICATION PROPOSALS - ALTERNATE
IV--BUREAU OF RECLAMATION
JULY 1998
(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;
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(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 a detailed analysis of fair and reasonable price and comply with the requirements of
the Change Order Accounting and the Equipment Ownership and Operating Expense clauses
of this contract;
(4) Furnish a written justification for any requested time extensions; and
(5) For any pricing adjustment expected to exceed $650,000 (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 $650,000.
(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 Changes clause of this contract.
I.45
52.219-14
LIMITATIONS ON SUBCONTRACTING
NOVEMBER 2011
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to -(1) Contracts that have been set aside or reserved for small buisness concerns or 8(a)
concerns;
(2) Part or parts of a multiple-award contract that have been set aside for small business
concerns or 8(a) concerns; and
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(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as
described in 8.405-5 and 16.505(b)(2)(i)(f).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in
performance of the contract in the case of a contract for-(1) Services (except construction). At least 50 percent of the cost of contract performance
incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern
shall perform work for at least 50 percent of the cost of manufacturing the supplies, not
including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the
contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of
the cost of the contract, not including the cost of materials, with its own employees.
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SECTION J – LIST OF ATTACHMENTS
ATTACH. DESCRIPTION
NO.
1
SPECIFICATIONS
PAGES
FILE
430
R13PS40020 Attachment J-1
Statement of work.doc
2
DRAWINGS
85
R13PS40020 Attachment J-2
drawings.pdf
3
QUESTIONS AND ANSWERS
FROM INDUSTRY DAY
9
R13PS40020 Attachment J-3
Industry Day Q&Ss.doc
4
WAGE DETERMINATION
NO. AZ7
9 (when
printed)
R13PS40020 Attachment J-4
Wage Determination
AZ7_dvb.mht
5
BID BOND FORM
2
R13PS40020 Attachment J-5
Bid Bond.doc
6
PAST PERFORMANCE
QUESTIONAIRE
3
R13PS40020 Attachment J-6
Past Performance
Questionnaire.doc
7
PHOTOS OF NAMEPLATES
7
R13PS40020 Attachment J-7
Nameplate Photos.doc
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SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
The following clauses pertain only to Schedules A-1, A-2, B-1, B-2, C-1, C-2,
D-1, and D-2, supply requirements.
K.1
52.225-18
PLACE OF MANUFACTURE
SEPTEMBER 2006
(a) Definitions. As used in this clause "Manufactured end product" means any end product in Federal Supply Classes (FSC) 10009999, except (1)
FSC 5510, Lumber and Related Basic Wood Materials;
(2)
Federal Supply Group (FSG) 87, Agricultural Supplies;
(3)
FSG 88, Live Animals;
(4)
FSG 89, Food and Related Consumables;
(5)
FSC 9410, Crude Grades of Plant Materials;
(6)
FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7)
FSC 9440, Miscellaneous Crude Agricultural and Forestry Products
(8)
FSC 9610, Ores;
(9)
FSC 9620, Minerals, Natural and Synthetic; and
(10)
FSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of
components, or otherwise made or processed from raw materials into the finished product that
is to be provided to the Government. If a product is disassembled and reassembled, the place
of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of
the end products it expects to provide in response to this solicitation is predominantly -
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(1)
__ In the United States (Check this box if the total anticipated price of offered end
products manufactured in the United States exceeds the total anticipated price of offered
end products manufactured outside the United States); or
(2)
__ Outside the United States.
The following clauses pertain to all Schedules.
K.2
52.203-02
CERTIFICATE OF INDEPENDENT PRICE
DETERMINATION
APRIL 1985
(a) The offeror certifies that -(1) The prices in this offer have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other offeror
or competitor relating to
(i) those prices,
(ii) the intention to submit an offer, or
(iii) the methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror,
directly or indirectly, to any other offeror or competitor before bid opening (in the case of a
sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless
otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to
submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the
signatory -(1) Is the person in the offeror's organization responsible for determining the prices offered in
this bid or proposal, and that the signatory has not participated and will not participate in any
action contradictory to subparagraphs (a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as an agent for the following principals in
certifying that those principals have not participated, and will not participate in any action
contrary to subparagraphs (a)(1) through (a)(3) of this provision
______________________________________________________ (insert full name of
person(s) in the offeror's organization responsible for determining the prices offered in this
bid or proposal, and the title of his or her position in the offeror's organization);
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(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i)
of this provision have not participated, and will not participate, in any action contrary to
subparagraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action
contrary to subparagraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must
furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
K.3
52.204-08
ANNUAL REPRESENTATIONS AND
CERTIFICATIONS
DECEMBER 2012
(a)(1) The North American Industry Classification System (NAICS) code for the supplies to be
procured under this acquisition is 335311, Power, Distribution and Specialty Transformer
Manufacturing, with a size standard of 750 employees. This size standard will be utilized in
determining whether or not an offeror is a small business. The construction components are
classified in the NAICS code 237130 Transformer station and substation, electric power,
construction.
(2) The small business size standard is 750 employees.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction of service contract, but which proposes to furnish a product
which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in the solicitation,
paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently
registered in CCR, and has completed the ORCA electronically, the offeror may choose to use
paragraph (d) instead of completing the corresponding individual representations and
certifications in the solicitation. The offeror shall indicate which option applies by checking
one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual
representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation
as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to
solicitations when a firm-fixed-price contract or fixed-price contract with economic price
adjustment is contemplated, unless-
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(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding
procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain
Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not
include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision
applies to solicitations that(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations Representation. This provision applies to solicitations using funds appropriated in fiscal
years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to
solicitations where the contract value is expected to exceed the simplified acquisition
threshold.
(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to
invitations for bids except those in which the place of performance is specified by the
Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the
place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This
provision applies to solicitations when the contract will be performed in the United States
or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD,
NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or
the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by
sealed bidding and the contract will be performed in the United States or its outlying areas.
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(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to
solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations,
other than those for construction, when the solicitation includes the clause at 52.222-26,
Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This
provision applies to solicitations when it is anticipated the contract award will exceed the
simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that
require the delivery or specify the use of USDA-designated items; or include the clause at
52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction
Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations
that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations
containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate.
(Basic, Alternates I, II, and III) This provision applies to solicitations containing the clause
at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision
with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision
with its Alternate II applies.
(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision
with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations
containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in SudanCertification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with entities Engaging in Certain Activities or
Transactions Relating to Iran - Representation and Certification. This provision applies to
all solicitations.
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(xxi) 52.226-2, Historically Black College or University and Minority Institution
Representation. This provision applies to(A) Solicitations for research, studies, supplies, or services of the type normally
acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause
at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
__ (i) 52.219-22, Small Disadvantaged Business Status.
__ (A) Basic.
__ (B) Alternate I.
__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End
Products.
__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts
for Certain Services-Certification.
__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products (Alternate I only).
__ (vi) 52.227-6, Royalty Information.
__
(A) Basic.
__
(B) Alternate I.
__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer
Software.
(d) The offeror has completed the annual representations and certifications electronically via the
Online Representations and Certifications Application (ORCA) website accessed through
https://www.acquisition.gov. After reviewing the ORCA database information, the offeror
verifies by submission of the offer that the representations and certifications currently posted
electronically that apply to this solicitation as indicated in paragraph (c) of this provision have
been entered or updated within the last 12 months, are current, accurate, complete, and
applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes,
identifying change by clause number, title, date]. These amended representation(s) and/or
certification(s) are also incorporated in this offer and are current, accurate, and complete as of
the date of this offer.
FAR Clause #
___________
Title
________
Date
______
Change
_______
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Any changes provided by the offeror are applicable to this solicitation only, and do not result in
an update to the representations and certifications posted on ORCA.
K.4
52.209-07
INFORMATION REGARDING
RESPONSIBILITY MATTERS
FEBRUARY 2012
(a) Definitions. As used in this provision "Administrative proceeding" means a non-judicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange commission Administrative
proceedings, Civilian Board of Contract Appeals, Proceedings, and Armed Services Board of
Contract Appeals Proceedings). This includes administrative proceedings at the Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include agency actions such as contract audits, site visits, corrective plans, or inspection of
deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means (1) The total value of all current, active contracts and grants, including all priced options;
and
(2) The total value of all current, active orders including all priced options under
indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and
delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary
management or supervisory responsibilities within a business entity (e.g., general manager;
plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total
value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by
submission of this offer, that the information it has entered in the Federal Awardee Performance
and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of
submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years,
in connection with the award to or performance by the offeror of a Federal contract or grant,
been the subject of a proceeding, at the Federal or State level that resulted in any of the
following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; or
(iii) In an administrative proceeding, a finding of fault and liability that results in (A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
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(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent
or compromise with an acknowledgement, of fault by the Contractor if the proceeding
could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or
(c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in
(c)(1) of this provision, whether the offeror has provided the requested information with
regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1(iv) of this
provision in FAPIIS as required through maintaining an active registration in the Central
Contractor Registration database via https://www.acquisition.gov (see 52.204-07).
K.5
52.236-28
PREPARATION OF PROPOSALS-CONSTRUCTION
OCTOBER 1997
(a) Proposals must be-(1) submitted on the forms furnished by the Government or on copies of those forms; and
(2) manually signed. The person signing a proposal must initial each erasure or change
appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on
various bases, including-(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in
the proposal being rejected without further consideration. If a proposal on all items is not
required, offerors should insert the words ``no proposal'' in the space provided for any item on
which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
Document No.
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GSU Transformers and Associated Equipment Replacement
K.6
DIAPR
2012-05
CLASS DEVIATION - LIMITATION WITH
RESPECT TO FELONY CRIMINAL
CONVICTIONS AND DELINQUENT TAX
DEBTS
Page 127 of 157
FEBRUARY 2012
(a) In accordance with sections 433 and 434 of Division E of the consolidated Appropriations
Act, 2012 (Pub. L. 112-74), none of the funds made available by the Act may be used to enter
into a contract with any corporation that (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the
corporation convicted) of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless the
agency has considered suspension or debarment of the corporation, or such officer or agent
and made a determination that this further action is not necessary to protect the interests of the
Government.
(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has
considered suspension or debarment of the corporation and made a determination that this
further action is not necessary to protect the interests of the Government.
(b) The Offeror certifies that (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of a felony criminal violation under
any Federal law within the preceding 24 months;
(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
K.7
WBR
1452.20980
ORGANIZATIONAL CONFLICT OF
INTEREST -- BUREAU OF RECLAMATION
JULY 1997
(a) Definition. "Organizational conflict of interest," as used in this clause, means that because of
other activities or relationships with other persons, a person is unable or potentially unable to
render impartial assistance or advice to the Government, or the person's objectivity in performing
the contract work is or might be otherwise impaired, or a person has an unfair competitive
advantage.
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(b) Disclosure. By submission of this offer, offeror represents that it is not aware of any
information bearing on the existence of any actual or potential organizational conflict of interest
in connection with this solicitation number R13PS40020, except as herein provided in the
following disclosure statement.
(1) This disclosure statement submitted with this offer describes all relevant information
concerning any past, present, or planned interests bearing on whether this firm (including its
chief executives and directors, or any proposed consultant or subcontractor) may have a
potential organizational conflict of interest. List any potential organizational conflict of
interest in the space provided below. If no potential conflict exist, list "NONE."
(2) The offeror agrees that if awarded a contract under this solicitation that, throughout the
life of the contract, immediate notification will be provided to the contracting officer if at any
time a potential or actual conflict becomes known to this firm.
(c) Policy guidance. FAR Subpart 9.5 and Reclamation Acquisition Regulation Subpart 1409.5
contain the policies and procedures for avoiding, neutralizing, or mitigating organizational
conflicts of interest, and may be used as guidance by an offeror in determining an appropriate
course of action.
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SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES
TO BIDDERS
The following clauses pertain to all Schedules:
L.1
52.252-01
SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE
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 provision may be accessed electronically at the following addresses:
FAR provisions https://www.acquisition.gov/far/
DOI provisions http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.5
8.46&idno=48
Clause
52.207-01
52.211-06
52.222-05
52.233-02
L.2
1452.21571
Title
Notice Of Standard Competition
Brand Name or Equal
Davis-Bacon Act -- Secondary Site of Work
Service Of Protest -- Department of the Interior (JUL
1996) (DEVIATION)
USE AND DISCLOSURE OF PROPOSAL
INFORMATION--DEPARTMENT OF THE
INTERIOR
Date
May 2006
August 1999
July 2005
September 2006
APRIL 1984
(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5
U.S.C. 552), the following terms shall have the meaning set forth below:
(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance,
formula, or process, which is used for making, preparing, compounding, treating or
processing articles or materials which are trade commodities.
(2) "Confidential commercial or financial information" means any business information
(other than trade secrets) which is exempt from the mandatory disclosure requirement of the
Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which
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may be applicable to business information contained in proposals include exemption (4),
which covers "commercial and financial information obtained from a person and privileged or
confidential," and exemption (9), which covers "geological and geophysical information,
including maps, concerning wells."
(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or
confidential commercial or financial information exempt from disclosure under the Freedom of
Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked
with the following legend:
"The information specifically identified on pages _______ of this proposal constitutes trade
secrets or confidential commercial and financial information which the offeror believes to be
exempt from disclosure under the Freedom of Information Act. The offeror requests that this
information not be disclosed to the public, except as may be required by law. The offeror also
requests that this information not be used in whole or part by the Government for any purpose
other than to evaluate the proposal, except that if a contract is awarded to the offeror as a
result of or in connection with the submission of the proposal, the Government shall have the
right to use the information to the extent provided in the contract."
(c) The offeror shall also specifically identify trade secret information and confidential
commercial and financial information on the pages of the proposal on which it appears and shall
mark each such page with the following legend:
"This page contains trade secrets or confidential commercial and financial information which
the offeror believes to be exempt from disclosure under the Freedom of Information Act and
which is subject to the legend contained on the cover page of this proposal."
(d) Information in a proposal identified by an offeror as trade secret information or confidential
commercial and financial information shall be used by the Government only for the purpose of
evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in
connection with submission of the proposal, the Government shall have the right to use the
information as provided in the contract, and (ii) if the same information is obtained from another
source without restriction it may be used without restriction.
(e) If a request under the Freedom of Information Act seeks access to information in a proposal
identified as trade secret information or confidential commercial and financial information, full
consideration will be given to the offeror's view that the information constitutes trade secrets or
confidential commercial or financial information. The offeror will also be promptly notified of
the request and given an opportunity to provide additional evidence and argument in support of
its position, unless administratively unfeasible to do so. If it is determined that information
claimed by the offeror to be trade secret information or confidential commercial or financial
information is not exempt from disclosure under the Freedom of Information Act, the offeror
will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a
proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request
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under the Freedom of Information Act is made for information in a proposal not marked in
accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly
notified of the request and given an opportunity to provide its position to the Government.
However, failure of an offeror to mark information contained in a proposal as trade secret
information or confidential commercial or financial information will be treated by the
Government as evidence that the information is not exempt from disclosure under the Freedom
of Information Act, absent a showing that the failure to mark was due to unusual or extenuating
circumstances, such as a showing that the offeror had intended to mark, but that markings were
omitted from the offeror's proposal due to clerical error.
L.3
52.215-01
A2
INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION ALTERNATE II
OCTOBER 1997
a) Definitions. As used in this provision—
“Discussions” are negotiations that occur after establishment of the competitive range that
may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its
proposal.
“In writing,” “writing,” or “written” means any worded or numbered expression that can be
read, reproduced, and later communicated, and includes electronically transmitted and stored
information.
“Proposal modification” is a change made to a proposal before the solicitation’s closing date
and time, or made in response to an amendment, or made to correct a mistake at any time
before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the
request of or as allowed by a Contracting Officer as the result of negotiations.
“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise
specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day
falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working
day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are
not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this
solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the
solicitation, proposals and modifications to proposals shall be submitted in paper media in
sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii)
showing the time and date specified for receipt, the solicitation number, and the name and
Document No.
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address of the offeror. Offerors using commercial carriers should ensure that the proposal is
marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of
this provision.
(2) The first page of the proposal must show—
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and
electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and
provisions included in the solicitation and agreement to furnish any or all items upon which
prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses
if available) of persons authorized to negotiate on the offeror’s behalf with the Government in
connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals
signed by an agent shall be accompanied by evidence of that agent’s authority, unless that
evidence has been previously furnished to the issuing office.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications or revisions,
so as to reach the Government office designated in the solicitation by the time specified in
the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m.,
local time, for the designated Government office on the date that proposal or revision is
due.
(ii)(A) Any proposal, modification, or revision received at the Government office
designated in the solicitation after the exact time specified for receipt of offers is “late”
and will not be considered unless it is received before award is made, the Contracting
Officer determines that accepting the late offer would not unduly delay the acquisition;
and—
(1) If it was transmitted through an electronic commerce method authorized by the
solicitation, it was received at the initial point of entry to the Government
infrastructure not later than 5:00 p.m. one working day prior to the date specified for
receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government
installation designated for receipt of offers and was under the Government’s control
prior to the time set for receipt of offers; or
(3) It is the only proposal received.
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(B) However, a late modification of an otherwise successful proposal that makes its
terms more favorable to the Government, will be considered at any time it is received
and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation
includes the time/date stamp of that installation on the proposal wrapper, other
documentary evidence of receipt maintained by the installation, or oral testimony or
statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so
that proposals cannot be received at the office designated for receipt of proposals by the
exact time specified in the solicitation, and urgent Government requirements preclude
amendment of the solicitation, the time specified for receipt of proposals will be deemed to
be extended to the same time of day specified in the solicitation on the first work day on
which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral
proposals in response to oral solicitations may be withdrawn orally. If the solicitation
authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any
time before award, subject to the conditions specified in the provision at 52.215-5,
Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized
representative, if the identity of the person requesting withdrawal is established and the
person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item
or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise
permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17,
Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation
closing date and time, and may submit modifications in response to an amendment, or to
correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting
Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon
receipt of notice by the Contracting Officer.
(9) Offerors may submit proposals that depart from stated requirements. Such proposals shall
clearly identify why the acceptance of the proposal would be advantageous to the
Government. Any deviations from the terms and conditions of the solicitation, as well as the
comparative advantage to the Government, shall be clearly identified and explicitly defined.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 134 of 157
The Government reserves the right to amend the solicitation to allow all offerors an
opportunity to submit revised proposals based on the revised requirements.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of
days specified on the solicitation cover sheet (unless a different period is proposed by the
offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that
they do not want disclosed to the public for any purpose, or used by the Government except for
evaluation purposes, shall—
(1) Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the Government and shall
not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or
in connection with—the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This
restriction does not limit the Government's right to use information contained in this data if
it is obtained from another source without restriction. The data subject to this restriction
are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title
page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to
the responsible offeror(s) whose proposal(s) represents the best value after evaluation in
accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government’s
interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions
with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s
initial proposal should contain the offeror’s best terms from a cost or price and technical
standpoint. The Government reserves the right to conduct discussions if the Contracting
Officer later determines them to be necessary. If the Contracting Officer determines that the
number of proposals that would otherwise be in the competitive range exceeds the number at
which an efficient competition can be conducted, the Contracting Officer may limit the
number of proposals in the competitive range to the greatest number that will permit an
efficient competition among the most highly rated proposals.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 135 of 157
(5) The Government reserves the right to make an award on any item for a quantity less than
the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in
the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the
additional administrative costs, it is in the Government’s best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or
counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are
materially unbalanced between line items or subline items. Unbalanced pricing exists when,
despite an acceptable total evaluated price, the price of one or more contract line items is
significantly overstated or understated as indicated by the application of cost or price analysis
techniques. A proposal may be rejected if the Contracting Officer determines that the lack of
balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source
selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the
successful offeror within the time specified in the proposal shall result in a binding contract
without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose
the following information, if applicable:
(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed
offeror’s offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the
debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency
during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered
by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to
whether source-selection procedures set forth in the solicitation, applicable regulations, and
other applicable authorities were followed by the agency.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
L.4
52.215-20
A4
Page 136 of 157
REQUIREMENTS FOR CERTIFIED COST OR OCTOBER 1997
PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA ALTERNATE IV
(a) Submission of certified cost or pricing data is not required.
(b) Provide data described below:
A non-certified copy of the final pricing proposal (i.e. other than cost or pricing data in
accordance with Table 15-2.)
L.5
52.216-01
TYPE OF CONTRACT
APRIL 1984
The Government contemplates award of a firm fixed price contract resulting from this
solicitation. Schedules A-1, A-2, B-1, B-2, C-1, C-2, D-1, and D-2 are subject to terms and
conditions of a supply type contract. Schedules A-3, B-3, C-3, and D-3 are subject to the terms
and conditions of a construction type contract.
L.6
52.222-23
NOTICE OF REQUIREMENT FOR
AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR
CONSTRUCTION
FEBRUARY
1999
(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 Trade
Goals for Female Participation for Each Trade
19.6%
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.
(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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 137 of 157
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 Page, Arizona, Cococino County.
L.7
52.222-24
PREAWARD ON-SITE EQUAL
OPPORTUNITY COMPLIANCE REVIEW
FEBRUARY
1999
If a contract in the amount of $10 million or more will result from this solicitation, the
prospective Contractor and its known first-tier
subcontractors with anticipated subcontracts of $10 million or more shall be subject to a
preaward compliance evaluation by the Office of Federal Contract Compliance Programs
(OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and
found the prospective Contractor and subcontractors to be in compliance with Executive Order
11246.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
L.8
52.225-12
NOTICE OF BUY AMERICAN ACT
REQUIREMENT - CONSTRUCTION
MATERIALS UNDER TRADE AGREEMENTS
Page 138 of 157
FEBRUARY
2009
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material,"
"designated country construction material," "domestic construction material," and "foreign
construction material," as used in this provision, are defined in the clause of this solicitation
entitled "Buy American Act-Construction Materials Under Trade Agreements" (Federal
Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination
regarding the inapplicability of 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 52.225-11 in the request. If an offeror has not requested a determination regarding
the inapplicability of 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.
(1) The Government will evaluate an offer requesting exception to the requirements of the
Buy American Act, based on claimed unreasonable cost of domestic construction materials,
by adding to the offered price the appropriate percentage of the cost of such foreign
construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign
construction material based on unreasonable cost and an offeror that did not request an
exception, the Contracting Officer will award to the offeror that did not request an exception
based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material, other than designated country
construction material, that is not listed by the Government in this solicitation in paragraph
(b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of
equivalent domestic or 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 price comparison table prepared in accordance with
paragraphs (c) and (d) of FAR clause 52.225-11 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 52.225-11 does not apply, the Government will evaluate only
those offers based on use of the equivalent domestic or designated country construction
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 139 of 157
material, and the offeror shall be required to furnish such domestic or 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.
L.9
52.236-27
A1
SITE VISIT (CONSTRUCTION) ALTERNATE I
FEBRUARY 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:
March 26, 2013 at 9:00 AM
(c) Participants will meet at-Carl Hayden Visitor’s Center, Glen Canyon Dam, Page, AZ
(d) Notification requirements: Parties planning to attend the site visit must send the company
name, and name of attendees, in writing, to:
Matt Jackson, GC-200
Glen Canyon Field Division
P.O. Box 1477
Page, Arizona, 86040-1477
Email: mbjackson@usbr.gov
At least three days before the date of the site visit.
L.10
WBR
1452.21180
NOTICE OF INTENT TO ACQUIRE
METRIC PRODUCTS AND SERVICES -BUREAU OF RECLAMATION
MARCH 1993
(a) Metric Transition Plan. The Department of the Interior on December 6, 1991, issued a Metric
Transition Program (Part 758 Department Manual Chapter 1) to establish and describe the
program's policies and responsibilities. The Bureau of Reclamation (Reclamation), has
developed a Metric Transition Plan to implement metrication in Reclamation. This plan
describes Reclamation's overall strategy for using the metric system, defines general
requirements and procedures for carrying out the transition, and details the tasks with milestones
for Reclamation offices to complete.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 140 of 157
(b) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act).
(1) Section 5164 of Public Law 100-418, the Trade Act, amended the Metric Conversion Act
of 1975 and designated the metric system of weights and measures for United States trade and
commerce.
(2) The Trade Act establishes September 30, 1992, as the implementation date (to the extent
economically feasible) for Federal agencies to use the metric system of measurement in its
procurements, grants, and other business-related activities.
(3) The Trade Act permits exceptions to the use of the metric system to the extent that such
use is impractical or is likely to cause significant inefficiencies or loss of markets to United
States firms, such as when foreign competitors are producing competing products in nonmetric units.
(4) As a result of the Trade Act, the President issued Executive Order 12770 dated July 25,
1991, to implement the congressional designation of the metric system as the preferred system
of weights and measures for United States trade and commerce.
(c) Bureau of Reclamation Implementation. As a result of the Trade Act, Reclamation will, to
the maximum extent practicable, use hard conversion and soft conversion metric systems in
designing its construction projects, eventually phasing out use of the soft conversion metric
system. Exceptions to this policy will only be made when such use is impractical, produces
inefficiencies or market losses, or is not economically feasible.
(d) Expected Results. Reclamation expects its support of the metric system to result in increased
use of the metric system by U.S. contractors, thereby increasing their ability to compete in the
international marketplace. Increasing use of the metric system by U.S. contractors will eliminate
possible restrictions on their bidding in the international marketplace and will eliminate any
impact of economic blocks by metric countries restricting the acceptance of non-metric products.
L.11
WBR
1452.21580
SOURCE EVALUATION AND SELECTION
PROCEDURES -- BUREAU OF
RECLAMATION
MAY 2005
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. A Technical Proposal Evaluation Committee has been
established to objectively evaluate technical proposals in accordance with the Evaluation Factors
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 141 of 157
for Award -- Bureau of Reclamation provision in Part IV, Section M of this solicitation.
Technical proposals shall be submitted in accordance with the Technical Proposal Instructions -Bureau of Reclamation provision in Part IV, Section L of this solicitation.
(b) Past Performance Evaluation. In addition to any other past performance information required
under the solicitation, the Contracting Officer (CO) 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 Part IV, Section
M of this solicitation. Pricing proposals shall be submitted in accordance with the Contract
Pricing Proposal Instructions -- Bureau of Reclamation provision in Part IV, 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 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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 142 of 157
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 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
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 143 of 157
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.
L.12
WBR
1452.21581
GENERAL PROPOSAL INSTRUCTIONS -BUREAU OF RECLAMATION
JANUARY 1998
In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions
provision of this solicitation, each offeror shall submit a proposal in accordance with the
instructions contained in this provision.
(a) General contents. Each 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 (crossindexed, where appropriate); and
(4) Contain appropriately numbered pages of each volume or part.
(b) Arrangement of Proposal. The proposal shall consist of three (3) [Insert other
number, if appropriate] physically separated volumes, individually entitled as stated below.
The required number of copies for each volume are shown below:
Volume
I
Title
Representations,
Certifications, and
Other Statements of
Offerors.
Copies Required
2
II
Technical Proposal
5
III
Pricing Proposal
2
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 144 of 157
(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 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 offeror 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 Part I, 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, and
acknowledgments required by Part IV, Section K of this solicitation;
(3) 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;
(4) Make or Buy Program (if applicable); any waivers of any solicitation provisions or
contract clauses; and
(6) A summary of any exemptions from, or deviations to, any other solicitation
requirements.
(e) Technical Proposal (Volume II): Follow the instructions detailed in Clause L-13, WBR
1452.215-82, Technical Proposal Instructions – Bureau of Reclamation.
(f) Pricing Proposal (Volume III). Follow the instructions detailed in Clause L-14, WBR
1452.215-83, Pricing Proposal Instructions – Bureau of Reclamation. 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).
L.13
WBR
1452.21582
TECHNICAL PROPOSAL
INSTRUCTIONS -- BUREAU OF
RECLAMATION
APRIL 2001
(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
Part I, Section C of this solicitation. The proposal shall be organized and written so that it can be
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 145 of 157
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:
(1) 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;
(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 Part IV, Section M;
(3) Enclosures. The enclosures shall include a list of any tables, drawings, charts, and any
other enclosures which summarize data or information;
(4) Executive summary. The Executive Summary shall include a brief discussion of how the
required work will be performed and important highlights of the proposal.
(5) A. Proposed Equipment – Your proposal shall contain the following information
demonstrating the ability to manufacture a quality transformer and isolated phase bus:
1. Design and Layout for this Project – Identify the proposed transformer and
isolated phase bus that meets the requirements of this solicitation. The preliminary
proposed design shall include all pertinent ratings, impedance, losses, and type of
transformer and isolated phase bus. Include a layout drawing of the proposed
transformer and isolated phase bus, with expected arrangement for utilizing the
available space, and connection to existing equipment as shown on the specification
drawings. Provide information on any design innovation and performance
enhancements for the power transformer. These innovations and enhancements
should make the transformer more efficient, and/or increase life, and/or reduce
sound/size, etc.
2.
Experience and past performance of manufacturer – Name the transformer and
isolated phase bus manufacturer(s). Describe the manufacturer’s experience in
manufacturing transformers and isolated phase bus of the size and ratings required
by the specifications. Your proposal shall include a list of similarly-sized equipment
previously manufactured within the last 5 years. For each project, include:
1)
2)
Name of the project;
Size and rating of the transformer or isolated phase bus;
Document No.
Document Title
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GSU Transformers and Associated Equipment Replacement
Page 146 of 157
3) Contract number, date, and type;
4) Name and address of the project owner;
5) Initial contract amount and final contract amount;
6) Any problems encountered in performance of the work and corrective
action(s) taken;
7) Name(s) and telephone number(s) of references who may be contacted
for further information to verify experience and past performance. Please
ensure the telephone number(s) are accurate.
In this section, also include information regarding any contracts previously
terminated for default or completed late, including the circumstances and
resolution of the issue(s).
3. Short Circuit Testing – Provide results of any short circuit testing performed on
similarly-designed/sized transformers, or information regarding the capability of the
transformer to withstand short circuit testing if not performed. Provide the name
and location of the testing laboratory that will be used for the short circuit test in this
project.
4.
Factory and Quality Control Procedures – Provide information on the quality
control procedures of the manufacturer’s facilities that addresses the ability to meet
applicable United States transformer or isolated phase bus design standards and
quality assurance programs (such as ISO 9001 certification if applicable). Include
the location and description of the manufacturing facilities, and pertinent
manufacturing techniques and procedures. The manufacturing facility described
must be the actual facility intended for the production under this contract.
B. Installation Plan/Schedule – Provide a brief narrative describing the key milestones for
the entire project. At a minimum, address the procedures for the removal and storage or
disposal of the existing transformers, installation of the new transformers, and
preparation for energizing. In addition to the narrative described above, provide a draft
schedule showing the major items of work contained in the proposal, including their
durations, anticipated start and finish dates, any float, and the logical relations or
interface between activities. The draft schedule shall include major contract milestones,
transformer design, manufacture, and testing, and key submittal review and approval
durations (see Section 01330 – Submittals in Section C Technical Specifications) that are
critical to contract completion.
C. Company Experience – Furnish a list of Federal, state and local government or
commercial projects similar in scope, complexity and magnitude to the work required
under this solicitation meeting the requirements of the specification completed by the
offeror within the last 6 years, which clearly demonstrate ability to successfully
accomplish projects in a timely manner, utilize resources and work with project owners.
Similar scope, complexity and magnitude are defined as transformer manufacturing and
installation. At a minimum, include the following for each project:
1
2
Name of project
Description of work
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 147 of 157
3
Contract number, date, type
4
Name and address for the acquiring Government agency or
commercial owner
5
Initial contract amount and final contract amount
6
Any problems encountered in performance of the work and
corrective action(s) taken
7
Name(s), telephone number(s) and e-mail address(s) of references
from the acquiring customer who may be contacted for further
information.
References with incorrect or missing phone numbers, contact names or e-mails
may not be evaluated and may result in a less favorable rating. If an offer
intends on utilizing subcontractors to perform any of the work, all of the above
information must be provided for each proposed subcontractor.
D. Key Personnel – Furnish resume information, which includes previous jobsite
responsibilities on major contracts or subcontracts, for individuals who will occupy
key functions on this project.
At a minimum, key personnel include the Project Manager, Superintendent, Crew
Foreman, Safety Specialist and other key staff who will oversee the major tasks involved.
If subcontractors are proposed to manage the project or perform the removal and/or
installation of the equipment, the offeror must include the same information for these
individuals performing the work.
Resume information furnished shall be limited to three pages per individual, and shall at
a minimum, contain the following information:
1.
2.
3.
4.
Name
Tasks to be assigned
Educational Background
Qualifying experience covering at least the last eight years
a.
b.
c.
d.
e.
Project name, location, period of performance on worksite
Description of primary project features
Name, address, telephone number for project owner
Position(s) occupied on each assignment and time assigned to each position
Description of duties and responsibilities for each position
The offeror must provide a statement of assurance that the proposed key staff (including
subcontractors and consultants) will be available and working on this project if awarded
the contract.
E. Past Performance - The reference information provided under Company Experience
above will be used to evaluate past performance information. In addition, offerors shall
have a Past Performance Questionnaire, contained in Section J, completed by at least
3 of the offeror’s pervious clients, and at least 3 previous clients of the planned
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 148 of 157
manufacturer of the transformers. You are strongly encouraged to inform your
previous clients of the importance of the questionnaire as it is a determining factor in
scoring your proposal. It is your responsibility to ensure that we receive the requested
questionnaires directly from your clients by the time and date specified in the
solicitation for receipt of proposals.
If an offeror intends to utilize subcontractors to perform any of the work, all of the
above information must be provided for each subcontractor.
F. Safety -Your proposal shall address each of the following subfactors:
1. Site Specific Job Hazard Analysis – Submit a site specific job hazard analysis.
The hazard analysis shall be in sufficient detail to discuss the offeror’s
understanding f the hazards of the work involved. The offeror shall become
familiar with and use specific references from the Bureau of Reclamation’s
publication “Reclamation Safety and Health Standards.” The hazard analysis shall
reference Reclamation Safety and Health Standards Section 4 and Appendix A.
2. EMR (Workman Compensation Experience Modification Rate) – The offeror and
each subcontractor shall include EMR records for work accomplished the last 3
years. The EMR shall be for the company as a whole, unless insurance is
purchased separately for an identifiable unit within the company (i.e. division
level). In this case the EMR shall be for the unit that will be performing the work
on this project.
3. OSHA Total Incident Rate – Submit Total Incident Rates for the last three years.
4. OSHA Citation Record – Submit OSHA Citation Record for the last three years.
You are reminded, the Government intends to award this contract without
conducting negotiations, therefore failure to submit any of the information
addressed above for each of the factors and/or subfactors may result in an
unacceptable rating.
(d) 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 in Schedules A-3, B-3, C-3, and D-3 and the basis
for each estimate; and,
(2) Identification of the types and quantities of proposed materials and equipment necessary to
perform the work in all Schedules.
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
L.14
PRICING PROPOSAL INSTRUCTIONS -BUREAU OF RECLAMATION
WBR
1452.21583
Page 149 of 157
JANUARY 1998
(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 Part IV, Section M
of this solicitation;
(3) Enclosures. A list shall be included of all enclosures, attachments, tables, drawings, charts,
and any other material which summarize data or information contained or referenced in the
pricing proposal.
(4) Pricing proposal breakdown. The offeror shall submit Section B of the contract Schedule
(Part I of this solicitation) with its proposed total prices/costs for each contract line item
(including any options),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 non-certified copy of the final pricing proposal (i.e. other than cost or pricing
data in accordance with Table 15-2.)
(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.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 150 of 157
(e) Page Numbering. All pages in the cost proposal should be consecutively numbered
(including pages 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.
L.15
WBR
1452.22280
NOTICE OF APPLICABILITY-COOPERATION WITH AUTHORITIES
AND REMEDIES - CHILD LABOR-BUREAU OF RECLAMATION
JANUARY 2004
(a) The clause at FAR 52.222-19, Child Labor, Cooperation with Authorities and Remedies, does
not apply to Bureau of Reclamation acquisitions to the extent that the contractor is supplying end
products mined, produced, or manufactured in (1) Canada, and the anticipated value of the acquisition is $175,000 or more; and
(2) Israel, and the anticipated value of the acquisition is $175,000 or more.
(b) Nonapplicability thresholds for other countries are the same as listed in the FAR clause.
L.16
WBR
1452.23382
NOTICE OF PROPOSED PARTNERING-BUREAU OF RECLAMATION
MAY 1994
Reclamation policy is to try to resolve all contractual issues in controversy by mutual agreement
through the use of an appropriate alternative disputes resolution process. Thus to most
effectively complete the work required under the future contract, the Bureau of Reclamation
proposes to mutually form a voluntary Partnering arrangement with the Contractor. This
bilateral relationship would strive for mutual trust, dedication to common goals, and a
understanding of each other's individual expectations and values. The expected benefits would
include improved efficiency, cost effectiveness and innovation between all parties to ensure a
quality deliveryable that is completed on time and within budget. Any cost associated with
implementing this Partnering arrangement will be agreed to by both parties and will be shared
equally, with no change in contract price. Additional information on Partnering and suggested
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 151 of 157
implementation procedures are contained in the Bureau of Reclamation "Partnering" guide book,
that is available from the contracting officer.
L.17
WBR
1452.23686
INSTRUCTION FOR MOBILIZATION AND
PREPARATORY WORK SCHEDULE LINE
ITEM - MULTIPLE SCHEDULES--BUREAU
OF RECLAMATION
JUNE 2002
The Contracting Officer estimates that the Section B Mobilization and Preparatory Work line
items for the following schedules should not exceed the specified percentages of the total bid
prices for those schedules: Schedule A-3, B-3, C-3, and D-3 – 5 percent. Your attention is
directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work,
Alternate II or III, which reflects how the Government will pay for these line items, including
how payment will be made when the prices bid for these schedule line items are higher than the
percentages stated herein.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 152 of 157
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 153 of 157
SECTION M -- EVALUATION FACTORS FOR AWARD
The following clauses pertain to all Schedules:
M.1
52.217-04
EVALUATION OF OPTIONS EXERCISED AT
THE TIME OF CONTRACT AWARD
JUNE 1988
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 the total price for the basic requirement together
with any option(s) exercised at the time of award.
M.2
WBR
1452.21585
EVALUATION FACTORS FOR AWARD -QUALITY PREDOMINANCE -- BUREAU OF
RECLAMATION
MAY 2005
(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. The Government intends to award a contract without
discussions, so offerors should provide their best proposal from a technical and cost standpoint. Offerors are
also cautioned that conditions, deviations, or exceptions to the solicitation requirements may be detrimental
to the evaluation of their proposal.
(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
paragraph (e) of this provision. 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) Pursuant to FAR 15.305, a cost or price evaluation may be performed to determine the
reasonableness of costs or prices proposed and the offeror's understanding of, and ability to
perform, the prospective contract.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 154 of 157
(d) The following factors and significant subfactors (if listed), will be considered in evaluating
proposals and making the source selection:
(1) A. Proposed Equipment –
1. Design and Layout for this Project – Evaluation will be based upon the extent
the identified equipment meets or exceeds the specifications. The more the
identified equipment exceed the specified ratings, the better the layout drawings
demonstrate the equipment will fit in the available space, and how well
innovations and enhancements make the transformers more efficient, etc., the
higher the rating technical proposal will receive.
2. Experience and past performance of manufacturer – Evaluation will be based
upon the extent of the manufacturer’s experience and past performance in supply
equipment comparable to the equipment required in this solicitation.
3. Short Circuit Testing – Evaluation will be based upon the demonstrated ability of
similar transformers to withstand short circuits.
4.
Factory and Quality Control Procedures – Evaluation will be based upon the
adequacy of quality control procedures
B. Installation Plan/Schedule – Evaluation will be based upon the completeness of the
installation plan and it adequacy in demonstrating the logical interface between
activities.
C. Company Experience – Evaluation will be based upon the company’s experience in
performing under contracts of complexity and duration similar to the current
requirements.
D. Key Personnel – Evaluation will be based upon the extent the information
demonstrates availability of personnel with experience necessary to perform under a
contract of complexity similar to the current requirement.
E. Past Performance – Evaluation will be based upon how well past projects of similar
complexity and duration were performed.
F. Safety and subfactors listed in Section L – Evaluation will be based upon the extent
of the offeror’s understanding of potential hazards, and past safety record.
G. COST/PRICE listed in Section L: Offerors must provide a completed Schedule
(Section B) and a Pricing Proposal as specified in Section L, Clause L.14. Proposals
meeting the mandatory requirements and complying with the provisions of the
solicitation will be evaluated and award made to that responsible Offeror whose
proposal is determined to be the best value to the Government (price and other factors
considered) and for which funds are available.
(e) The relative importance of the factors listed in paragraph (f) of this provision is as follows:
1)
2)
3)
Proposed Equipment
Installation Plan/Schedule
Company Experience
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
4)
5)
6)
Page 155 of 157
Key Personnel
Past Performance
Safety
Factors 1 and 2, which are relatively equal to each other, are significantly more important than
Factors 3, 4 and 5, which are also relatively equal to each other and more important than Factor
6. Factors 1 through 6, when combined, are significantly more important than price.
(f) The following adjectival definitions will be used in evaluating the technical factors and
significant subfactors, and the technical proposal as a whole:
“OUTSTANDING”
O
Very significantly exceeds most or all solicitation
requirements. Response exceeds a “Better” rating. The
Offeror has clearly demonstrated an understanding of all
aspects of the requirements to the extent that timely and
highest quality performance is anticipated.
“BETTER”
B
Fully meets all solicitation requirements and significantly
exceeds many of the solicitation requirements. Response
exceeds an“Acceptable” rating. The areas in which the
Offeror exceeds the requirements are anticipated to result in
a high level of efficiency or productivity or quality.
“ACCEPTABLE”
A
Meets all solicitation requirements. Complete,
comprehensive, and exemplifies an understanding of the scope
and depth of the task requirements as well as the Offeror’s
understanding of the Government’s requirements.
“MARGINAL”
M
Less than “Acceptable.” There are some deficiencies in the
technical proposal. However, given the opportunity for
discussions, the technical proposal has a reasonable chance of
becoming at least ”Acceptable.” (Areas of a technical
proposal which remain to be “Marginal” after “Final Proposal
Revision” offers shall not be subject to further discussion or
revision. If award is made on initial offers, there will not be
an opportunity for discussions nor a chance to become at least
“Acceptable.”
“UNACCEPTABLE”
U
Technical proposal has many deficiencies and/or gross
omissions: Failure to understand much of the scope of work
necessary to perform the required tasks; failure to provide a
reasonable, logical approach to fulfilling much of the
Government’s requirements; failure to meet many personnel
requirements of the solicitation. (When applying this
adjective to the technical proposal as a whole, the technical
proposal must be so unacceptable in one or more areas
that it would have to be significantly revised to attempt to
make it other than unacceptable).
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
(g)
Page 156 of 157
The following adjectival definitions will be used in evaluating past performance:
NEUTRAL:
OUTSTANDING:
No relevant past performance available for evaluation. Offeror has
asserted that it has no relevant directly related or similar past
performance experience. Proposal receives no merit or demerit for
this factor.
No risk anticipated with delivery of quality product, on time, or of
any degradation of performance or lack of customer satisfaction (or
cost growth if applicable) based upon offeror’s past performance.
BETTER:
Very little risk anticipated with delivery of quality product, on time,
or of degradation of performance or lack of customer satisfaction (or
cost growth if applicable) based upon the offeror’s past performance.
SATISFACTORY:
Some potental risk anticipated with delivery of quality product, on
time, and of degradation or lack of customer satisfaction (or cost
growth if applicable) based upon the offeror’s past performance.
MARGINAL:
Significant potential risk anticipated with delivery of quality product,
on time, and of degradation of performance based upon the offeror’s
past performance. (A rating of “Marginal” does not by itself make
the proposal ineligible for award).
M.3
WBR
1452.22582
NOTICE OF WORLD TRADE ORGANIZATION
GOVERNMENT PROCUREMENT AGREEMENT
EVALUATIONS--BUREAU OF RECLAMATION
MAY 2005
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.4
WBR
1452.24680 ALT V
EVALUATION OF EQUIPMENT
EFFICIENCIES AND LOSSES ALTERNATE V--BUREAU OF
RECLAMATION
SEPTEMBER
1995
For the purpose of evaluating offers under this solicitation, the Government will apply the
following factors to evaluate equipment efficiency or loss and to determine which offer provides
the best overall value to the Government.
Document No.
Document Title
R13PS40020 Amend. 4
GSU Transformers and Associated Equipment Replacement
Page 157 of 157
(a) The loss for each transformer will be evaluated on the basis of the warranted kilowatt loss
and for voltage, frequency, and loading conditions, as stated in the "Warranted Characteristics"
paragraph in the Supplies or services and prices section of The Schedule. The evaluated loss will
be determined by multiplying the warranted kilowatt loss by the following rates:
No-load loss .......................................... $2,839
Load loss
.......................................... $642
Total loss
.......................................... $989
(b) The Government will consider load loss as the difference between the warranted total loss
and the warranted no-load loss which are both stated in the "Warranted Characteristics"
paragraph in the Supplies or services and prices section of The Schedule.
(c) The sum of the evaluated losses determined above will be multiplied by the number of
transformers in the bid item and added to the contract price offered for the transformers.