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SIMPLIFIED ACQUISITION of

BASIC ENGINEERING REQUIREMENTS (SABER)

Bureau of Reclamation, Upper Colorado Region, Albuquerque Area Office,
New Mexico

**SECTIONS A through M\***

**SOLICITATION NO. 08-SP-40-8239**

**VOLUME 1 OF 2**

***(\*Section J, Attachment (1) is Volume 2 of 2)***

***ALL OFFERS MUST BE CLEARLY IDENTIFIED AS***

***"REQUEST FOR PROPOSAL"***

***[TO PRECLUDE MISHANDLING]{.underline}***

Offers [MUST]{.underline} be delivered to:

**BUREAU OF RECLAMATION**

**ATTN: Kent Munro, UC-843**

**125 SOUTH STATE STREET, ROOM 6107**

**SALT LAKE CITY, UT 84138-1147**

***PRIOR TO SOLICITATION CLOSING DATE AND TIME***

E-mail inquiries regarding this solicitation should be made to the
office listed below:

Kent Munro

Salt Lake City, UT
................................................kmunro@uc.usbr.gov

**[NO TELEPHONE CALLS WILL BE ACCEPTED]{.underline}**

**TABLE OF CONTENTS**

[**[SECTION A -- SOLICITATION/CONTRACT FORM
6]{.underline}**](#section-a-solicitationcontract-form)

[SECTION B -- supplies or services and prices/Cost
8](#section-b-supplies-or-services-and-pricescost)

[B.1 Task Order Pricing 9](#b.1-task-order-pricing)

[B.2 Minimum and Maximum Contract Amounts
11](#b.2-minimum-and-maximum-contract-amounts)

[SECTION C -- Description/specifications/statement of work
12](#section-c-descriptionspecificationsstatement-of-work)

[SECTION D -- PACKAGING AND MARKING
13](#section-d-packaging-and-marking)

[SECTION E \-- Inspection and Acceptance
14](#section-e----inspection-and-acceptance)

[E.1 52.252-02 Clauses Incorporated By Reference
14](#e.1-52.252-02-clauses-incorporated-by-reference)

[E.2 Pre-Final and Final Inspection
14](#e.2-pre-final-and-final-inspection)

[SECTION F \-- Deliveries or Performance
15](#__RefHeading___Toc212451323)

[F.1 52.252-02 Clauses Incorporated By Reference
15](#f.1-52.252-02-clauses-incorporated-by-reference)

[F.2 52.211-10 Alt I\-\--Commencement, Prosecution, and Completion of
Work - Alternate I (April 1984)
15](#f.2-52.211-10-alt-i---commencement-prosecution-and-completion-of-work---alternate-i-april-1984)

[F.3 52.211-12\-\--Liquidated Damages---Construction (September 2000)
15](#f.3-52.211-12---liquidated-damagesconstruction-september-2000)

[F.4 Basic Period of Performance 15](#f.4-basic-period-of-performance)

[F.5 Option Periods of Performance
16](#f.5-option-periods-of-performance)

[F.6 Work Hours 16](#f.6-work-hours)

[SECTION G \-- Contract Administration Data
17](#section-g----contract-administration-data)

[G.1 WBR 1452.242-80\-\--Post Award Conference \-- Bureau of Reclamation
(July 1993)
17](#g.1-wbr-1452.242-80---post-award-conference----bureau-of-reclamation-july-1993)

[G.2 Designation of Contracting Officer's Representative (COR)
17](#g.2-designation-of-contracting-officers-representative-cor)

[SECTION H \-- Special Contract Requirements
19](#section-h----special-contract-requirements)

[H.1 52.252-02\-\--Clauses Incorporated By Reference
19](#h.1-52.252-02---clauses-incorporated-by-reference)

[H.2 ET00-07\-\--Non Discrimination Notice to U.S. Department of the
Interior Contractors, Subcontractors, and Lessors (December 1999)
19](#h.2-et00-07---non-discrimination-notice-to-u.s.-department-of-the-interior-contractors-subcontractors-and-lessors-december-1999)

[H.3 ET02-20\-\--Authorized Workers Notice to Potential Bureau of
Reclamation Contractors (September 2002)
19](#h.3-et02-20---authorized-workers-notice-to-potential-bureau-of-reclamation-contractors-september-2002)

[H.4 GOVERNMENT-FURNISHED FACILITY (GFF) AND UTILITIES
21](#h.4-government-furnished-facility-gff-and-utilities)

[H.5 GOVERNMENT-FURNISHED EQUIPMENT AND MATERIALS
21](#h.5-government-furnished-equipment-and-materials)

[H.6 TASK ORDERING PROCEDURES
21](#h.5-government-furnished-equipment-and-materials)

[SECTION I \-- Contract Clauses 22](#section-i----contract-clauses)

[I.1 52.252-02\-\--Clauses Incorporated By Reference
22](#i.1-52.252-02---clauses-incorporated-by-reference)

[I.2 1452.204-70\-\--Release Of Claims \-- Department of the Interior
(July 1996)
24](#i.2-1452.204-70---release-of-claims----department-of-the-interior-july-1996)

[I.3 1452.228-70\-\--Liability Insurance \-- Department of the Interior
(July 1996)
24](#i.3-1452.228-70---liability-insurance----department-of-the-interior-july-1996)

[I.4 52.204-07\-\--Central Contractor Registration (April 2008)
25](#i.4-52.204-07---central-contractor-registration-april-2008)

[I.5 52.204-09\-\--Personal Identity Verification of Contractor
Personnel (September 2007)
26](#i.5-52.204-09---personal-identity-verification-of-contractor-personnel-september-2007)

[I.6 52.216-18\-\--Ordering (October 1995)
27](#i.6-52.216-18---ordering-october-1995)

[I.7 52.216-22\-\--Indefinite Quantity (October 1995)
27](#i.7-52.216-22---indefinite-quantity-october-1995)

[I.8 52.217-08\-\--Option To Extend Services (November 1999)
27](#i.8-52.217-08---option-to-extend-services-november-1999)

[I.9 52.217-09\-\--Option To Extend The Term Of The Contract (March
2000)
28](#i.9-52.217-09---option-to-extend-the-term-of-the-contract-march-2000)

[I.10 52.219-28\-\--Post-Award Small Business Program Rerepresentation
(June 2007)
28](#i.10-52.219-28---post-award-small-business-program-rerepresentation-june-2007)

[I.11 52.225-11\-\--Buy American Act - Construction Materials Under
Trade Agreements (August 2007)
29](#i.11-52.225-11---buy-american-act---construction-materials-under-trade-agreements-august-2007)

[I.12 52.227-04\-\--Patent Indemnity -- Construction Contracts (December
2007)
33](#i.12-52.227-04---patent-indemnity-construction-contracts-december-2007)

[I.13 52.232-33\-\--Payment by Electronic Funds Transfer\--Central
Contractor Registration (October 2003)
33](#i.13-52.232-33---payment-by-electronic-funds-transfer--central-contractor-registration-october-2003)

[I.14 52.236-26\-\--Preconstruction Conference (February 1995)
35](#i.14-52.236-26---preconstruction-conference-february-1995)

[I.15 52.252-06\-\--Authorized Deviations In Clauses (April 1984)
35](#i.15-52.252-06---authorized-deviations-in-clauses-april-1984)

[I.16 WBR 1452.201-80\-\--Authorities and Limitations \-- Bureau of
Reclamation (July 1993)
35](#i.16-wbr-1452.201-80---authorities-and-limitations----bureau-of-reclamation-july-1993)

[I.17 DIAR 1452.203-70\-\--Restriction On Endorsements \-- Department Of
The Interior (July 1996)
36](#i.17-diar-1452.203-70---restriction-on-endorsements----department-of-the-interior-july-1996)

[I.18 WBR 1452.223-81\-\--Safety And Health \-- Bureau of Reclamation
(May 2005)
36](#i.18-wbr-1452.223-81---safety-and-health----bureau-of-reclamation-may-2005)

[I.19 WBR 1452.232-81\-\--Payment For Mobilization And Preparatory Work
\-- Bureau of Reclamation (May 2000)
37](#i.19-wbr-1452.232-81---payment-for-mobilization-and-preparatory-work----bureau-of-reclamation-may-2000)

[I.20 WBR 1452.232-82\-\--Other Invoice Requirements \-- Bureau of
Reclamation (December 2002)
38](#i.20-wbr-1452.232-82---other-invoice-requirements----bureau-of-reclamation-december-2002)

[I.21 WBR 1452.236-8\-\--Other Contracts (APR 1984) (DEVIATION)
38](#i.21-wbr-1452.236-8---other-contracts-apr-1984-deviation)

[I.22 WBR 1452.237-80\-\--Security Requirements - Bureau Of Reclamation
(October 2006)
39](#i.22-wbr-1452.237-80---security-requirements---bureau-of-reclamation-october-2006)

**[I.23 WBR 1452.232-84 - LIMITATION OF GOVERNMENT\'S OBLIGATION
UNDER]{.smallcaps}**

> **[THE CONTINUING RESOLUTION \-- BUREAU OF RECLAMATION (OCT 2008)
> 39]{.smallcaps}**

[SECTION J -- LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
42](#section-j-list-of-documents-exhibits-and-other-attachments)

[SECTION K \-- Representations, Certifications and Other Statements of
Offerors
43](#section-k----representations-certifications-and-other-statements-of-offerors)

[K.1 52.252-01\-\--Solicitation Provisions Incorporated By Reference
43](#k.1-52.252-01---solicitation-provisions-incorporated-by-reference)

[K.2 52.204-08\-\--Annual Representations and Certifications (January
2006)
43](#k.2-52.204-08---annual-representations-and-certifications-january-2006)

[K.3 52.223-01\-\--Biobased Product Certification (December 2007)
44](#k.3-52.223-01---biobased-product-certification-december-2007)

[K.4 52.236-28\-\--Preparation of Proposals---Construction (October
1997)
44](#k.4-52.236-28---preparation-of-proposalsconstruction-october-1997)

[SECTION L \-- Instructions, Conditions and Notices to OFFERORS
45](#section-l----instructions-conditions-and-notices-to-offerors)

[L.1 52.252-01\-\--Solicitation Provisions Incorporated By Reference
45](#l.1-52.252-01---solicitation-provisions-incorporated-by-reference)

[L.2 1452.233-2\-\--Service Of Protest \-- Department of the Interior
(Deviation) (July 1996)
45](#l.2-1452.233-2---service-of-protest----department-of-the-interior-deviation-july-1996)

[L.3 52.216-01\-\--Type Of Contract (April 1984)
46](#l.3-52.216-01---type-of-contract-april-1984)

[L.4 52.225-13\-\--Restrictions on Certain Foreign Purchases (February
2006)
46](#l.4-52.225-13---restrictions-on-certain-foreign-purchases-february-2006)

[L.5 52.252-05\-\--Authorized Deviations In Provisions (April 1984)
46](#l.5-52.252-05---authorized-deviations-in-provisions-april-1984)

[L.6 WBR 1452.215-80\-\--Source Evaluation And Selection Procedures \--
Bureau of Reclamation (May 2005)
46](#l.6-wbr-1452.215-80---source-evaluation-and-selection-procedures----bureau-of-reclamation-may-2005)

[L.7 WBR 1452.215-82\-\-- Proposal Instructions \-- Bureau of
Reclamation (January 1998)
48](#l.7-wbr-1452.215-82----proposal-instructions----bureau-of-reclamation-january-1998)

[L.8 52.225-12.a1\-\--Notice of Buy American Act Requirement --
Construction Materials Under Trade Agreements - Alternate I (May 2002)
52](#l.8-52.225-12.a1---notice-of-buy-american-act-requirement-construction-materials-under-trade-agreements---alternate-i-may-2002)

[L.9 WBR 1452.233-82\-\--Notice Of Proposed Partnering \-- Bureau of
Reclamation (May 1994) 53](#__RefHeading___Toc212451381)

[SECTION M \-- Evaluation Factors for Award
54](#section-m----evaluation-factors-for-award)

[M.1 52.252-01\-\--Solicitation Provisions Incorporated By Reference
54](#m.1-52.252-01---solicitation-provisions-incorporated-by-reference)

[M.2 52.217-05\-\--Evaluation Of Options (July 1990)
54](#m.2-52.217-05---evaluation-of-options-july-1990)

[M.3 WBR 1452.215-87\-\--Evaluation Factors for Award \-- Quality and
Cost/Price Approximately Equal - Bureau of Reclamation (May 2005)
54](#m.3-wbr-1452.215-87---evaluation-factors-for-award----quality-and-costprice-approximately-equal---bureau-of-reclamation-may-2005)

# SECTION A -- SOLICITATION/CONTRACT FORM 

  ----- ----------- ------------------------------------------ --------------
  A.1   52.219-28   Post-Award Small Business Program          June 2007
                    Rerepresentation                           

  ----- ----------- ------------------------------------------ --------------

\(a\) Definitions. As used in this clause \--

Long-term contract means a contract of more than five years in duration,
including options. However, the term does not include contracts that
exceed five years in duration because the period of performance has been
extended for a cumulative period not to exceed six months under the
clause at 52.217-8, Option to Extend Services, or other appropriate
authority.

Small business concern 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 criteria in 13 CFR part 121 and the size
standard in paragraph (c) of this clause.

\(b\) If the Contractor represented that it was a small business concern
prior to award of this contract, the Contractor shall represent its size
status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause, upon the occurrence of any of the
following:

\(1\) Within 30 days after execution of a novation agreement or within
30 days after modification of the contract to include this clause, if
the novation agreement was executed prior to inclusion of this clause in
the contract.

\(2\) Within 30 days after a merger or acquisition that does not require
a novation or within 30 days after modification of the contract to
include this clause, if the merger or acquisition occurred prior to
inclusion of this clause in the contract.

\(3\) For long-term contracts -

\(i\) Within 60 to 120 days prior to the end of the fifth year of the
contract; and

\(ii\) Within 60 to 120 days prior to the exercise date specified in the
contract for any option thereafter.

\(c\) The Contractor shall represent its size status in accordance with
the size standard in effect at the time of this rerepresentation that
corresponds to the North American Industry Classification System (NAICS)
code assigned to this contract. The small business size standard
corresponding to this NAICS code can be found at
http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

\(d\) The small business size standard for a Contractor providing a
product which it does not manufacture itself, for a contract other than
a construction or service contract, is 500 employees.

\(e\) Except as provided in paragraph (g) of this clause, the Contractor
shall make the rerepresentation required by paragraph (b) of this clause
by validating or updating all its representations in the Online
Representations and Certifications Application and its data in the
Central Contractor Registration, as necessary, to ensure they reflect
current status. The Contractor shall notify the contracting office by
e-mail, or otherwise in writing, that the data have been validated or
updated, and provide the date of the validation or update.

\(f\) If the Contractor represented that it was other than a small
business concern prior to award of this contract, the Contractor may,
but is not required to, take the actions required by paragraphs (e) or
(g) of this clause.

\(g\) If the Contractor does not have representations and certifications
in ORCA, or does not have a representation in ORCA for the NAICS code
applicable to this contract, the Contractor is required to complete the
following representation and submit it to the contracting office, along
with the contract number and the date on which the rerepresentation was
completed:

The Contractor represents that it \[ \] is, \[ \] is not a small
business concern under NAICS Code\_**[237990]{.underline}**\_ assigned
to contract number \_**[08-CC-40-8239]{.underline}**.

  ----- --------------------------------------------------- --------------
  A.2   special notice on the navaho nation business        
        activity tax                                        

  ----- --------------------------------------------------- --------------

A Navajo Nation Business Activity Tax may be applicable to work covered
by these specifications. To obtain information, contact:

Navaho Tax Commission

P.O. Box 1903

Window Rock, AZ 86515

Telephone: 520-871-6683

Federal, State and Local taxes, including the New Mexico Gross Receipts
tax, are also applicable.

# SECTION B -- supplies or services and prices/Cost 

+----------+--------------------------------------------+--------------+
| **ITEM** | **SUPPLIES/SERVICES**                      | **C          |
|          |                                            | OEFFICIENT** |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| **0001** | **SABER LOT I -- BASE YEAR**               |              |
|          |                                            |              |
|          | In accordance with the SABER               |              |
|          | Specifications.                            |              |
|          |                                            |              |
|          | Period of Performance:                     |              |
|          |                                            |              |
|          | 01 October 2008 -- 30 September 2009       |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0001AA   | Maintenance. Repair, and Construction      | \_           |
|          |                                            | \_\_\_\_\_\_ |
|          | Work (Standard Hours)                      |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0001AB   | Maintenance, Repair, And Construction      | \_           |
|          |                                            | \_\_\_\_\_\_ |
|          | Work (Non-Standard Hours)                  |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0001AC   | Maintenance, Repair and Construction Work  | \_           |
|          | (Non-Standard Items Not Found In Unit      | \_\_\_\_\_\_ |
|          | Price Book) This Coefficient Shall Be      |              |
|          | Applied To The Basic Cost Of Labor         |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0001AD   | Materials And Equipment (Non-Standard      | \_           |
|          | Items Not Found In Unit Price Book) This   | \_\_\_\_\_\_ |
|          | Coefficient Shall Be Applied To The Basic  |              |
|          | Cost Of The Materials                      |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| **0101** | **SABER LOT II -- OPTION YEAR 1**          |              |
|          |                                            |              |
|          | In accordance with the SABER               |              |
|          | Specifications.                            |              |
|          |                                            |              |
|          | Period of Performance:                     |              |
|          |                                            |              |
|          | 01 October 2009 -- 30 September 2010       |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0101AA   | Maintenance, Repair, And Construction Work | \_           |
|          | (Standard Hours)                           | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0101AB   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Hours)                       | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0101AC   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Items Not Found In Unit      | \_\_\_\_\_\_ |
|          | Price Book) This Coefficient Shall be      |              |
|          | Applied To The Basic Cost Of Labor         |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0101AD   | Materials And Equipment (Non-Standard      | \_           |
|          | Items Not Found In Unit Price Book) This   | \_\_\_\_\_\_ |
|          | Coefficient Shall Be Applied To The Basic  |              |
|          | Cost Of Materials                          |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| **0201** | **SABER LOT III -- OPTION YEAR 2**         |              |
|          |                                            |              |
|          | In accordance with the SABER               |              |
|          | Specifications.                            |              |
|          |                                            |              |
|          | Period of Performance:                     |              |
|          |                                            |              |
|          | 01 October 2010 -- 30 September 2011       |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0201AA   | Maintenance, Repair, And Construction Work | \_           |
|          | (Standard Hours)                           | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0201AB   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Hours)                       | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0201AC   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Items Not Found In Unit      | \_\_\_\_\_\_ |
|          | Price Book) This Coefficient Shall be      |              |
|          | Applied To The Basic Cost Of Labor         |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0201AD   | Materials And Equipment (Non-Standard      | \_           |
|          | Items Not Found In Unit Price Book) This   | \_\_\_\_\_\_ |
|          | Coefficient Shall Be Applied To The Basic  |              |
|          | Cost Of Materials                          |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| **ITEM** | **SUPPLIES/SERVICES**                      | **C          |
|          |                                            | OEFFICIENT** |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| **0301** | **SABER LOT IV -- OPTION YEAR 3**          |              |
|          |                                            |              |
|          | In accordance with the SABER               |              |
|          | Specifications.                            |              |
|          |                                            |              |
|          | Period of Performance:                     |              |
|          |                                            |              |
|          | 01 October 2011 -- 30 September 2012       |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0301AA   | Maintenance, Repair, And Construction Work | \_           |
|          | (Standard Hours)                           | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0301AB   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Hours)                       | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0301AC   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Items Not Found In Unit      | \_\_\_\_\_\_ |
|          | Price Book) This Coefficient Shall be      |              |
|          | Applied To The Basic Cost Of Labor         |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0301AD   | Materials And Equipment (Non-Standard      | \_           |
|          | Items Not Found In Unit Price Book) This   | \_\_\_\_\_\_ |
|          | Coefficient Shall Be Applied To The Basic  |              |
|          | Cost Of Materials                          |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| **0401** | **SABER LOT V -- OPTION YEAR 4**           |              |
|          |                                            |              |
|          | In accordance with the SABER               |              |
|          | Specifications.                            |              |
|          |                                            |              |
|          | Period of Performance:                     |              |
|          |                                            |              |
|          | 01 October 2012 -- 30 September 2013       |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0401AA   | Maintenance, Repair, And Construction Work | \_           |
|          | (Standard Hours)                           | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0401AB   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Hours)                       | \_\_\_\_\_\_ |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0401AC   | Maintenance, Repair, And Construction Work | \_           |
|          | (Non-Standard Items Not Found In Unit      | \_\_\_\_\_\_ |
|          | Price Book) This Coefficient Shall be      |              |
|          | Applied To The Basic Cost Of Labor         |              |
+----------+--------------------------------------------+--------------+
|          |                                            |              |
+----------+--------------------------------------------+--------------+
| 0401AD   | Materials And Equipment (Non-Standard      | \_           |
|          | Items Not Found In Unit Price Book) This   | \_\_\_\_\_\_ |
|          | Coefficient Shall Be Applied To The Basic  |              |
|          | Cost Of Materials                          |              |
+----------+--------------------------------------------+--------------+

+-----------------------------------------------------------------------+
| ## B.1 Task Order Pricing                                             |
+-----------------------------------------------------------------------+

[a. Contract Type]{.underline}: This is an Indefinite-Delivery
Indefinite Quantity (IDIQ) contract. It is anticipated that most, if not
all Task Orders will be firm-fixed price. In cases where it is
determined by the Contracting Officer that it is not possible to
estimate with reasonable certainty the amount of effort required to
perform the task, the Contracting Officer may, at his/her own
discretion, issue a time-and-material (T&M) Task Order using the unit
prices established herein.

[b. Pricing Method (SABER UNIT PRICE BOOK (UPB)/UNIT PRICE DATABASE
(UPD))]{.underline}: The version of RS Means CostWorks that is current
on the date of contract award shall be utilized until each option period
is exercised. Thereafter, the current calendar year edition/version of
the RS Means CostWorks data that is current on the date that each option
is exercised shall be utilized. The most up-to-date version/edition of
the Dataquest Rental Rate Blue Book shall also be utilized from the date
of contract award, and for each option year in the same manner. When an
equipment item is listed by both RS Means, and the Rental Rate Blue
Book, the Rental Rate Blue Book will take precedence. If the work or
equipment cannot be accounted for by RS Means or the Rental Rate Blue
Book, then the area's prevailing rates shall be used.

1\. [Pricing Categories]{.underline}: The UPB consists of the following
two categories of prices:

> \(a\) [Pre-priced items]{.underline}: These items form the R.S. Means
> Cost Works, and the Rental Rate Blue Book. The pricing coefficients
> will apply to the prices contained in the column entitled "Bare Cost",
> not the column entitled "Total Incl O&P".
>
> **Note**: The City Cost Index from the R.S. Means Cost Works will not
> be applied to the bare costs. Any adjustment for this factor is
> included in the coefficient listed in the schedule.
>
> \(b\) [Non pre-priced items:]{.underline} These are negotiated and
> authorized by the Contracting Officer for incorporation into the UPB.
>
> 2\. [Coefficient]{.underline}: The Contractor's bid coefficient will
> be applied to the total bare cost following the procedures addressed
> in the R.S. Means. (See the Note under a(1)(a) regarding the city cost
> index.). Any proposals for individual Task Orders that propose
> separate coefficients for individual tasks will be considered
> non-responsive and therefore rejected.
>
> 3\. [Pricing Calculation]{.underline}:

(a) [Standard Unit Price Book calculation]{.underline}: (The unit prices
    shall be the total bare costs column as specified in the unit
    database provided by the Unit Price Book (see Section J, Attachment
    (1)) for the definition of a unit price book), current as of the
    date of the basic contract period, multiplied times the applicable
    CLIN coefficient. The purpose for applying the coefficients to
    direct pre-priced cost from the Unit Price Book (UPB) is to
    compensate the contractor for all costs of doing business not
    covered by the unit cost from the UPB, and profit for performance.
    The coefficients (in decimal format) in the above schedule will be
    multiplied by the unit price listed in the UPB to obtain the
    adjusted price. For example, a coefficient of 1.2 would result in an
    additional 20 percent to the listed unit price; 0.9 would result in
    a 10 percent decrease of the listed prices, and 1.00 would leave the
    unit price as your proposed unit price.

> [Firm-Fixed Price Task Order Example]{.underline}: The following
> sample calculations illustrate the use of the UPB. All dollar figures
> are fictitious.

  ---------------------------------------------------- ------------------
  Total Bare cost (Labor, Material and Equipment)      \$10,000.00

  Coefficient @ 125% (1.25)                            

  \$10,000.00 X 1.25                                   

  TOTAL TASK ORDER PRICE                               \$12,500.00
  ---------------------------------------------------- ------------------

> \(b\) [Non-standard calculation]{.underline}: In the event that the
> Contractor cannot obtain materials or equipment from vendors for the
> prices determined from the Unit Price Book, then the Contractor shall
> receive the cost of the material plus the coefficient in CLIN 0X01AD
> as a handling fee, contingent upon the Contractor submitting 3 vendor
> quotes to demonstrate to the Government that the quotes were
> competitively solicited.
>
> [Time-and-Material Task Order Example]{.underline}: Bare Cost for
> labor and equipment from Crews section of RS Means Rental Rate Blue
> Book is \$7,148.00. Coefficient is 125%. All work is accomplished in
> an unrestricted area during standard work days/hours. Calculation
> shown below:

  ----------------------------------- -------------- --------- ------------
  Labor                               \$28.75 Hr     @ 16 Hrs  \$460.00

  Equipment Operator (crane)          \$39.80 Hr     @ 16 Hrs  \$620.80

  Hyd. Excavator 3.5 CY               \$2,166.00     @ 2 Days  \$4,332.00
                                      Daily                    

  Trench Box                          \$79.25 Daily  @ 2 Days  \$158.50

  Total Bare Cost (Labor, Material                             \$5,571.30
  and Equipment)                                               

  Coefficient @ 125% (1.25)                                    

  \$5,571.30 x 1.25                                            

  TOTAL TASK ORDER PRICE                                       \$6,964.13
  ----------------------------------- -------------- --------- ------------

+-----------------------------------------------------------------------+
| ## B.2 Minimum and Maximum Contract Amounts                           |
+-----------------------------------------------------------------------+

a.  [Minimum Contract Amount]{.underline}: In accordance with clause
    I.7, the Government's total minimum ordering obligation for the life
    of the contract is [\$15,000.00]{.underline}.

b.  [Maximum Contract Amount]{.underline}: The maximum total amount
    available for ordering purposes is [\$4,000,000.00]{.underline} for
    the basic year and [\$4,000,000.00]{.underline} for each option
    year, for a total of [\$20,000,000.00]{.underline} for the life of
    the contract. However, if the maximum contract price ceiling for a
    particular option year is not reached, the unused portion of that
    ceiling may be rolled over to the next option year. For example, if,
    at the end of Option Year 1, only \$7,000,000 of the \$8,000,000
    cumulative contract ceiling price has been used via obligation of
    Task Orders, the remaining balance of \$1,000,000 may be used to
    increase the Option Year 2 ceiling price from \$4,000,000 to
    \$5,000,000, yet the total contract ceiling price would remain at
    \$12,000,000 upon exercise of Option Year 2 (i., \$7,000,000 for
    Base & Option Year 1 + \$5,000,000 for Option Year 2).

> During the life of the contract, the total maximum amount available
> (i.e., contract price ceiling) for placement under orders is a
> cumulative amount with each option exercised, as exemplified below:

  ----------------------- ------------------------ -----------------------
  **Contract Year:**      **Value Per Year:**      **Total Cumulative
                                                   Value Per Year:**

  **Base Year:**          \$ 4,000,000             \$ 4,000,000

  **Option Year 1:**      \$ 4,000,000             \$ 8,000,000

  **Option Year 2:**      \$ 4,000,000             \$12,000,000

  **Option Year 3:**      \$ 4,000,000             \$16,000,000

  **Option Year 4:**      \$ 4,000,000             \$20,000,000

  **Total:**              **\$20,000,000**         **\$20,000,000**
  ----------------------- ------------------------ -----------------------

# SECTION C -- Description/specifications/statement of work

In accordance with individual Task Orders issued against this contract,
the Contractor shall furnish all plant, labor, equipment and materials
to perform all operations in connection with SABER located in the Bureau
of Reclamation Upper Colorado Region (limited to the areas located
within the jurisdiction of the Albuquerque Area Office, including
portions of the States of Colorado, New Mexico, and Texas), as defined
in Section J, Attachment (1) entitled "SABER Specifications." Work will
be complete and ready to use in strict accordance with the general
specifications, statement of work issued with each order, schedule, the
latest State and Federal Regulations, standards, specifications, latest
building codes, and terms and conditions of the contract.

# SECTION D -- PACKAGING AND MARKING

Not applicable.

# SECTION E \-- Inspection and Acceptance 

Inspection and acceptance of the supplies and/or services provided
hereunder shall be performed by the authorized Government Inspector in
accordance with the requirements stated in individual Task Orders and
applicable contract clauses.

The Chief of Technical Services Division or his/her authorized
representative of the Contracting Officer is designated as the
Government's Construction Contract Inspector (CCI). Names of the
authorized Government Inspectors for the Albuquerque Area Office of the
Bureau of Reclamation will be furnished by the Contracting Officer to
the Contractor after contract award.

+-----------------------------------------------------------------------+
| ## E.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 this/these
address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- --------------------------------------- --------------
  **Clause**        **Title**                               **Date**

  52.246-06         Inspection -- Time-and-Material and     May 2001
                    Labor Hour                              

  52.246-12         Inspection of Construction              August 1996
  ----------------- --------------------------------------- --------------

+-----------------------------------------------------------------------+
| ## E.2 Pre-Final and Final Inspection                                 |
+-----------------------------------------------------------------------+

[a. Pre-final Inspection]{.underline}: The Government may, at its own
discretion, conduct a pre-final inspection prior to the contractor
requesting a final inspection. Any discrepancies noted shall be
corrected prior to final inspection.

[b. Final Inspection]{.underline}: When the work is ready for final
inspection, the Contractor shall submit a written request for the final
inspection to the duly assigned Contracting Officer's Representative at
least seven (7) days prior to the desired final inspection date. The
final inspection will be performed with the Contractor by the
appropriate Government personnel. If any discrepancies are noted, they
shall be handled IAW 52.246-12.

[]{#__RefHeading___Toc212451323 .anchor}**SECTION F \-- Deliveries or
Performance**

[Item 0001 & Option Items 0101-0401]{.underline} -- Delivery and/or
performance of the supplies and/or services provided hereunder shall be
done in accordance with the requirements stated in individual Task
Orders and applicable contract clauses.

+-----------------------------------------------------------------------+
| ## F.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 this/these
address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- --------------------------------------- --------------
  **Clause**        **Title**                               **Date**

  52.211-13         Time Extensions                         September 2000

  52.236-15         Schedules for Construction Contracts    April 1984

  52.242-14         Suspension of Work                      April 1984
  ----------------- --------------------------------------- --------------

+-----------------------------------------------------------------------+
| ## F.2 52.211-10 Alt I\-\--Commenc                                    |
| ement, Prosecution, and Completion of Work - Alternate I (April 1984) |
+-----------------------------------------------------------------------+

The Contractor shall be required to (a) commence work under Task Orders
awarded under this contract within 15 calendar days after the date the
Contractor receives the notice to proceed (i.e., letter from the
Contracting Officer), (b) prosecute the work diligently, and (c)
complete the entire work ready for use not later than the time specified
in the Task Order. The time stated for completion shall include final
cleanup of the premises.

+-----------------------------------------------------------------------+
| ##                                                                    |
|  F.3 52.211-12\-\--Liquidated Damages---Construction (September 2000) |
+-----------------------------------------------------------------------+

\(a\) If the Contractor fails to complete the work within the time
specified in the applicable Task Order, the Contractor shall pay
liquidated damages to the Government in the amount of
[\$1,300.00]{.underline} for each **calendar 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.4 Basic Period of Performance                                    |
+-----------------------------------------------------------------------+

This indefinite delivery/indefinite quantity (IDIQ) contract shall
commence on [Date of Contract Award]{.underline} and shall continue for
a period of [12 months]{.underline}. However, the period of performance
may be extended in accordance with the option provisions contained
herein.

+-----------------------------------------------------------------------+
| ## F.5 Option Periods of Performance                                  |
+-----------------------------------------------------------------------+

In accordance with clause I.10, this indefinite delivery/indefinite
quantity (IDIQ) contract provides for four (4) option periods to be
exercised at the discretion of the Government no later than the dates
indicated below,.

Option 1: [To be exercised no later than 01 October 2009]{.underline}

Option 2: [To be exercised no later than 01 October 2010]{.underline}

Option 3: [To be exercised no later than 01 October 2011]{.underline}

Option 4: [To be exercised no later than 01 October 2012]{.underline}

+-----------------------------------------------------------------------+
| ## F.6 Work Hours                                                     |
+-----------------------------------------------------------------------+

a\. [Standard Work Hours:]{.underline} The Contractor shall normally
perform tasks during the standard working days of Monday through Friday,
with the exception of Federal Holidays, and the standard working hours
of 7:30 a.m. through 4:30 p.m. The Contractor may elect, at his option,
to work days/hours other than the normal working days/hours provided
that:

> 1\. The request is submitted to the COR for approval,
> [AND]{.underline}
>
> 2\. The Contracting Officer approves the request.

Such hours will be considered priced as performed during standard
working days/hours, unless otherwise stated in the applicable Task
Order.

b\. [Non-Standard Work Hours:]{.underline} Non-standard work days/hours
are those days/hours not included in the definition of "Normal or
Standard Work Hours" (the period from 4:30 p.m. through 7:30 a.m.,
Monday through Friday; Saturday, Sunday, and Federal Holidays). Items of
work to be accomplished during non-standard hours will be clearly
identified in Contractor technical/cost negotiated proposals, indicating
justification for the request. Non-standard hours worked without the
express approval of the Contracting Officer will be at the pricing
coefficients applied for standard hours.

# SECTION G \-- Contract Administration Data 

+-----------------------------------------------------------------------+
| ## G.1 WBR 1452.2                                                     |
| 42-80\-\--Post Award Conference \-- Bureau of Reclamation (July 1993) |
+-----------------------------------------------------------------------+

> \(a\) Prior to the Contractor starting work on Task Orders, a post
> award 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 the following location:
>
> Bureau of Reclamation Albuquerque Area Office
>
> 555 Broadway N.E.
>
> Suite 100
>
> Albuquerque, New Mexico
>
> \(c\) 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.

+-----------------------------------------------------------------------+
| ## G.2 Designation of Contracting Officer's Representative (COR)      |
+-----------------------------------------------------------------------+

\(a\) The Contracting Officer has designated the following individual as
the authorized Contracting Officer's Representative (COR) for this
contract:

> Rudolfo Bernal
>
> Bureau of Reclamation, Albuquerque Area Office, ALB-211
>
> 555 Broadway Ave., N.E.
>
> Albuquerque, New Mexico 87102
>
> Ph. 505.462.3616
>
> [rbernal@uc.usbr.gov]{.underline}

\(b\) The Contractor is responsible for ensuring that its employees do
not perform any work at the direction of the COR, which is out of the
scope of work within this contract.

# SECTION H \-- Special Contract Requirements 

+-----------------------------------------------------------------------+
| ## H.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 this/these
address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- --------------------------------------- --------------
  **Clause**        **Title**                               **Date**

  1452.215-71       Use And Disclosure Of Proposal          April 1984
                    Information \-- Department of the       
                    Interior                                
  ----------------- --------------------------------------- --------------

+-----------------------------------------------------------------------+
| ## H.2 ET00-07\-\--Non Discrimination Notice to U.S. Department of    |
| the Interior Contractors, Subcontractors, and Lessors (December 1999) |
+-----------------------------------------------------------------------+

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.

+-----------------------------------------------------------------------+
| ## H.3 ET02-20\-\--Authorized Workers N                               |
| otice 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)

\(b\) Authority. Immigration Reform and Control Act of 1986 (8 USC 1101
as amended) and the Immigration and Nationality Act, Section 274A.

\(c\) Who is Covered. INA includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. These
provisions apply to all employers, including government contractors.

\(d\) 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://uscis.gov/graphics/services/employerinfo/index.htm>

\(e\) 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 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 machine-readable 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.

\(f\) 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.

\(g\) 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.

\(h\) 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 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.

+-----------------------------------------------------------------------+
| ## H.4 GOVERNMENT-FURNISHED FACILITY (GFF) AND UTILITIES              |
+-----------------------------------------------------------------------+

Only the provisions listed below will be furnished by the Government
without cost to the Contractor for the Contractor's use in the
performance of SABER contract requirements. Government-furnished items
shall not be used for any purpose other than fulfilling the requirements
of this contract.

[GFF and Utilities:]{.underline}

> \(1\) Site Location for the Government provided pump systems.
>
> \(2\) Pump systems, parts, and fuel for Task Order performance when
> the Task Order is exclusively for pumping operations.

\(3\) Site location for storage of Contractor-provided equipment to be
located in the San Marcial storage yard.

All other equipment, components, items, transportation, connection,
etc., that the Contractor determines to be necessary in meeting the
requirements of the SABER contract shall be furnished by the Contractor
at the Contractor's own expense.

+-----------------------------------------------------------------------+
| ## H.5 GOVERNMENT-FURNISHED EQUIPMENT AND MATERIALS                   |
+-----------------------------------------------------------------------+

[]{.mark}

**(a) Government Furnished Materials (GFM)/Government Furnished
Equipment (GFE):** In the normal course of performance of the SABER
contract, GFM/GFE will not be furnished to the Contractor. However, the
Government reserves the right to provide GFM and/or Government Furnished
Equipment (GFE) to be used on any Task Order. In such cases, these
materials shall be receipted for by the Contractor and the UPD line item
material cost shall be excluded from the price of the Task Order. The
Contractor shall follow the instructions of the Contracting Officer's
Representative (COR) regarding the disposition of all
Government-furnished property not consumed in performance of the Task
Order.

**(b) Contractor Transporting:** The Contractor, with its own resources,
and at no cost to the Government, shall transport all GFM and/or GFE, if
any, described on the Task Order from the Government storage area to the
work site indicated in the Task Order.

**(c) Risk and Responsibility:** Once accepted, the Contractor assumes
the risk and responsibility for the loss or damage to any GFM/GFE.

**(d) Transportation Cost:** It is anticipated that the majority of
GFM/GFE will be provided at or adjacent to the project site. In such
instances, no separate transportation costs would be incurred or cost.
If transportation of GFM/GFE is other than what would normally be
encountered, a separate cost may be negotiated into the pricing of the
associated Task Order.

**(e) Location:** The location (as well as the type, quantity, and
description) of GFM/GFE will be identified in individual Task Orders.

+-----------------------------------------------------------------------+
| ## H.6 Task Order Procedures                                          |
+-----------------------------------------------------------------------+

a\. [Work Requirements]{.underline}: When a work requirement
materializes, the requiring activity (i.e., Bureau of Reclamation's
Albuquerque, NM Area Office) will submit the requirements in accordance
with agency procedures to the Contracting Officer. The Contracting
Officer will then coordinate with the requiring activity to define the
scope of the work requirements for contractual purposes, and
subsequently submit a request for proposal for a Task Order to the
Contractor.

b\. [Task Order Proposal Requirements]{.underline}: The Contractor shall
prepare its proposal in accordance with the Task Order pricing
requirements in Section B of this contract, as well as those stipulated
in the request for proposal. Such stipulations may include a required
proposal format, sufficient supporting documentation demonstrating
adequate engineering and planning has been performed to ensure that the
requirements will be accomplished by the Contractor. Examples of such
documentation typically involve design drawings, calculations, catalog
cuts, specifications, architectural renders, etc.

In no instance shall the Contractor's Task Order proposal pricing
contain overhead, profit, bond premiums, insurance, cost for compliance
with environmental and/or tax laws, protection, engineering services,
and any other types of overhead/indirect/administrative/compliance
costs. These types of costs are presumed already included in the
coefficients listed in the pricing schedule under Section B of this
contract. If they are included in a Task Order proposal, the Contracting
Officer may reject the proposal as non-responsive, and the Contractor
may then be required to re-submit a responsive proposal.

With respect to FAR clause 52.225-11 as stated in Section I, the
contractor is not authorized to purchase and utilize constructions
materials of foreign origin (countries which are not covered by the WTA
GPA and Free Trade Agreements.) However, if the contractor believes it
is able to justify proposing construction materials for a specific task
order that is of foreign origin and not on the designated list, the
contractor's proposal shall detail the justification and the authority
by which it believes it can be exempt from the restrictions noted in FAR
clause 52.225-11.

Each RFP will specify the required submittal date for the proposal
consistent with the complexity and/or urgency of the work requirement.
If the work requirement is routine, the Government will typically
require a five (5) business day turnaround time between submission of
the RFP to the Contractor and receipt of the Contractor's proposal. For
urgent requirements, the require turnaround time will typically be two
(2) business days.

c\. [Performance and Payment Bond Requirements:]{.underline} IAW FAR
52.228-15, the Contractor shall obtain additional performance and
payment bonds to cover the total amount of each Task Order within five
(5) days of receiving an order.

# SECTION I \-- Contract Clauses 

+-----------------------------------------------------------------------+
| ## 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 this/these
address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  -------------- -------------------------------------------- ------------
  **Clause**     **Title**                                    **Date**

  1452.224-1     Privacy Act Notification (Deviation)         July 1996

  52.202-01      Definitions                                  July 2004

  52.203-03      Gratuities                                   April 1984

  52.203-05      Covenant Against Contingent Fees             April 1984

  52.203-07      Anti-Kickback Procedures                     July 1995

  52.203-08      Cancellation, Rescission, and Recovery of    January 1997
                 Funds for Illegal or Improper Activity       

  52.203-10      Price Or Fee Adjustment For Illegal Or       January 1997
                 Improper Activity                            

  52.203-12      Limitation On Payments To Influence Certain  September
                 Federal Transactions                         2007

  52.203-13      Contractor Code of Business Ethics and       December
                 Conduct                                      2007

  52.203-14      Display of Hotline Poster(s)                 December
                                                              2007

  52.204-04      Printed or Copied Double-Sided on Recycled   August 2000
                 Paper.                                       

  52.209-06      Protecting the Government\'s Interest When   September
                 Subcontracting With Contractors Debarred,    2006
                 Suspended, or Proposed for Debarment         

  52.211-18      Variation in Estimated Quantity              April 1984

  52.215-02      Audit and Records\--Negotiation              June 1999

  52.215-08      Order of Precedence\--Uniform Contract       October 1997
                 Format                                       

  52.219-03      Notice of Total HUBZone Set-Aside            January 1999

  52.219-08      Utilization of Small Business Concerns       May 2004

  52.219-14      Limitations On Subcontracting                December
                                                              1996

  52.222-03      Convict Labor                                June 2003

  52.222-04      Contract Work Hours and Safety Standards     July 2005
                 Act - Overtime Compensation                  

  52.222-06      Davis Bacon Act                              July 2005

  52.222-07      Withholding of Funds                         February
                                                              1988

  52.222-08      Payrolls and Basic Records                   February
                                                              1988

  52.222-09      Apprentices and Trainees                     July 2005

  52.222-10      Compliance with Copeland Act Requirements    February
                                                              1988

  52.222-11      Subcontracts (Labor Standards)               July 2005

  52.222-12      Contract Termination-Debarment               February
                                                              1988

  52.222-13      Compliance with Davis-Bacon and Related Act  February
                 Regulations.                                 1988

  52.222-14      Disputes Concerning Labor Standards          February
                                                              1988

  52.222-15      Certification of Eligibility                 February
                                                              1988

  52.222-21      Prohibition of Segregated Facilities         February
                                                              1999

  52.222-23      Notice of Requirement for Affirmative Action February
                 to Ensure Equal Employment Opportunity for   1999
                 Construction                                 

  52.222-26      Equal Opportunity                            March 2007

  52.222-27      Affirmative Action Compliance Requirements   February
                 for Construction                             1999

  52.222-35      Equal Opportunity for Special Disabled       September
                 Veterans, Veterans of the Vietnam Era, and   2006
                 Other Eligible Veterans                      

  52.222-36      Affirmative Action For Workers with          June 1998
                 Disabilities                                 

  52.222-37      Employment Reports on Special Disabled       December
                 Veterans, Veterans of the Vietnam Era, and   2001
                 Other Eligible Veterans                      

  52.222-39      Notification of Employee Rights Concerning   December
                 Payment of Union Dues or Fees                2004

  52.222-50      Combating Trafficking in Persons             August 2007

  52.223-02      Affirmative Procurement of Biobased Products December
                 Under Service and Construction Contracts     2007

  52.223-03 Alt  Hazardous Material Identification And        July 1995
  I              Material Safety Data - Alternate I           

  52.223-05      Pollution Prevention and Right-to-Know       Aug 2003
                 Information                                  

  52.223-06      Drug Free Workplace                          May 2001

  52.223-14      Toxic Chemical Release Reporting             August 2003

  52.223-15      EnergyEfficiency in Energy-Consuming         December
                 Products                                     2007

  52.224-01      Privacy Act Notification                     April 1984

  52.224-02      Privacy Act                                  April 1984

  52.226-01      Utilization Of Indian Organizations And      June 2000
                 Indian-Owned Economic Enterprises            

  52.227-01      Authorization and Consent                    December
                                                              2007

  52.227-02      Notice And Assistance Regarding Patent And   December
                 Copy Infringement                            2007

  52.228-02      Additional Bond Security                     October 1997

  52.228-11      Pledges Of Assets                            February
                                                              1992

  52.228-12      Prospective Subcontractor Requests for Bonds October 1995

  52.228-14      Irrevocable Letter of Credit                 December
                                                              1999

  52.228-15      Performance and Payment Bonds\--Construction November
                                                              2006

  52.229-03      Federal, State And Local Taxes               April 2003

  52.229-10      State of New Mexico Gross Receipts and       April 2003
                 Compensating Tax                             

  52.232-05      Payments under Fixed-Price Construction      September
                 Contracts                                    2002

  52.232-17      Interest                                     June 1996

  52.232-18      Availability Of Funds                        April 1984

  52.232-23      Assignment Of Claims                         January 1986

  52.232-27      Prompt Payment for Construction Contracts    September
                                                              2005

  52.233-01 Alt  Disputes - Alternate I                       July 2002
  I                                                           

  52.233-03      Protest After Award                          August 1996

  52.233-04      Applicable Law for Breach of Contract Claim  October 2004

  52.236-02      Differing Site Conditions                    April 1984

  52.236-03      Site Investigation and Conditions Affecting  April 1984
                 the Work                                     

  52.236-04      Physical Data                                April 1984

  52.236-05      Material and Workmanship                     April 1984

  52.236-06      Superintendence by the Contractor            April 1984

  52.236-07      Permits and Responsibilities                 November
                                                              1991

  52.236-09      Protection of Existing Vegetation,           April 1984
                 Structures, Equipment, Utilities, and        
                 Improvements                                 

  52.236-10      Operations and Storage Areas                 April 1984

  52.236-11      Use and Possession Prior to Completion       April 1984

  52.236-12      Cleaning Up                                  April 1984

  52.236-13      Accident Prevention                          November
                                                              1991

  52.236-14      Availability and Use of Utility Services     April 1984

  52.236-16      Quantity Surveys                             April 1984

  52.236-17      Layout of Work                               April 1984

  52.236-19      Organization and Direction of the Work       April 1984

  52.236-21 Alt  Specifications and Drawings for              April 1984
  I              Construction - Alternate I                   

  52.242-13      Bankruptcy                                   July 1995

  52.242-14      Suspension of Work                           April 1984

  52.243-04      Changes                                      June 2007

  52.244-06      Subcontracts for Commercial Items            March 2007

  52.245-01      Government Property                          June 2007

  52.245-09      Use and Charges                              August 2005

  52.248-03 Alt  Value Engineering-Construction - Alternate I April 1984
  I                                                           

  52.249-02 Alt  Termination for Convenience of the           September
  I              Government (Fixed-Price) -Alternate I        1996

  52.249-10      Default (Fixed-Price Construction)           April 1984

  52.253-01      Computer Generated Forms                     January 1991

  WBR            Asbestos-Free Warranty \-- Bureau of         October 1992
  1452.223-80    Reclamation                                  

  WBR            Protecting Federal Employees and the Public  October 1998
  1452.223-82    from Exposure to Tobacco Smoke in the        
                 Federal Workplace \-- Bureau of Reclamation  

  WBR            Certification Of Representatives For         September
  1452.228-84    Corporate Sureties \-- Bureau of Reclamation 1996
                 (SEP 1996)                                   

  WBR            Equipment Ownership And Operating Expense    July 1998
  1452.231-81    \-- Bureau of Reclamation                    

  WBR            Claims Accounting \-- Bureau of Reclamation  July 1993
  1452.233-81                                                 

  WBR            Preservation of Cultural Resources - Bureau  February
  1452.236-84    of Reclamation                               2000

  WBR            Modification Proposals - Alternate III \--   July 1998
  1452.243-80    Bureau of Reclamation                        
  Alt III                                                     
  -------------- -------------------------------------------- ------------

+-----------------------------------------------------------------------+
| ## I.2 1452.20                                                        |
| 4-70\-\--Release Of Claims \-- Department of the Interior (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.

+-----------------------------------------------------------------------+
| ## I.3 1452.228-                                                      |
| 70\-\--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:

\$\_[200,000.00]{.underline}\_\_\_\_ each person

\$\_[500,000.00]{.underline}\_\_\_\_ each occurrence

\$\_\_[20,000.00]{.underline}\_\_\_\_ 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.4 52.204-07\-\--Central Contractor Registration (April 2008)     |
+-----------------------------------------------------------------------+

\(a\) Definitions. As used in this clause-

\"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 parent concern.

\"Registered in the CCR database\" means that-

\(1\) The Contractor has entered all mandatory information, including
the DUNS number or the DUNS+4 number, 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
Contractor will be required to provide consent for TIN validation to the
Government as 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 or if the
offeror does not have internet acccess, it may call Dun and Bradstreet
at 1-866-705-5711 if located within the United States; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office. The offeror should indicate that it is an offeror
for a U.S. Government contract when contacting the local Dun and
Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business.

\(ii\) 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.

\(f\) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.

\(g\) (1) (i) If a Contractor has legally changed its business name,
\"doing business as\" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one
business day\'s written notification of its intention to (A) change the
name in the CCR database; (B) comply with the requirements of Subpart
42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The
Contractor must provide with the notification sufficient documentation
to support the legally changed name.

\(ii\) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR information that
shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the
meaning of the \"Suspension of Payment\" paragraph of the electronic
funds transfer (EFT) clause of this contract.

\(2\) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the CCR record to
reflect an assignee for the purpose of assignment of claims (see FAR
Subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the CCR database. Information provided to the
Contractor\'s CCR record that indicates payments, including those made
by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the
\"Suspension of payment\" paragraph of the EFT clause of this contract.

\(h\) Offerors and Contractors may obtain information on registration
and annual confirmation requirements via the internet at
http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

+-----------------------------------------------------------------------+
| ## I.5 52.204-09\-\--Pe                                               |
| rsonal Identity Verification of Contractor Personnel (September 2007) |
+-----------------------------------------------------------------------+

\(a\) 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 insert this clause in all subcontracts when
the subcontractor is required to have routine physical access to a
federally-controlled facility and/or access to a Federally-controlled
information system.

+-----------------------------------------------------------------------+
| ## I.6 52.216-18\-\--Ordering (October 1995)                          |
+-----------------------------------------------------------------------+

\(a\) Any supplies and services to be furnished under this contract
shall be ordered by issuance of Task Orders or Task Orders by the
individuals or activities designated in the Schedule. Such orders may be
issued from date of award through contract completion date.

\(b\) All Task Orders or Task Orders are subject to the terms and
conditions of this contract. In the event of conflict between a Task
Order or Task Order and this contract, the contract shall control.

\(c\) If mailed, a Task Order or Task Order is considered "issued" when
the Government deposits the order in the mail. Orders may be issued
orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.

+-----------------------------------------------------------------------+
| ## I.7 52.216-22\-\--Indefinite Quantity (October 1995)               |
+-----------------------------------------------------------------------+

\(a\) This is an indefinite-quantity contract for the supplies or
services specified and effective for the period stated, in the Schedule.
The quantities of supplies and services specified in the Schedule are
estimates only and are not purchased by this contract.

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. The Contractor shall
furnish to the Government, when and if ordered, the supplies or services
specified in the Schedule up to and including the quantity designated in
the Schedule as the "maximum." The Government shall order at least the
quantity of supplies or services designated in the Schedule as the
"minimum."

\(c\) Except for any limitations on quantities in the Order Limitations
clause or in the Schedule, there is no limit on the number of orders
that may be issued. The Government may issue orders requiring delivery
to multiple destinations or performance at multiple locations.

\(d\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor's and Government's rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract's effective period; provided, that the Contractor shall not be
required to make any deliveries under this contract 90 days from the end
of the basic contract completion date*.*

+-----------------------------------------------------------------------+
| ## I.8 52.217-08\-\--Option To Extend Services (November 1999)        |
+-----------------------------------------------------------------------+

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within 60 days
prior to the expiration of the current period of performance.

+-----------------------------------------------------------------------+
| ## I.9                                                                |
|  52.217-09\-\--Option To Extend The Term Of The Contract (March 2000) |
+-----------------------------------------------------------------------+

\(a\) The Government may extend the term of this contract by written
notice to the Contractor within 60 days prior to the expiration of the
current period of performance; provided that the Government gives the
Contractor a preliminary written notice of its intent to extend at least
60 days before the contract expires. The preliminary notice does not
commit the Government to an extension.

\(b\) If the Government exercises this option, the extended contract
shall be considered to include this option clause.

\(c\) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed five years and six months.

+-----------------------------------------------------------------------+
| ## I.10 52.219-                                                       |
| 28\-\--Post-Award Small Business Program Rerepresentation (June 2007) |
+-----------------------------------------------------------------------+

\(a\) Definitions. As used in this clause \--

Long-term contract means a contract of more than five years in duration,
including options. However, the term does not include contracts that
exceed five years in duration because the period of performance has been
extended for a cumulative period not to exceed six months under the
clause at 52.217-8, Option to Extend Services, or other appropriate
authority.

Small business concern means a concern, including its affiliates, which
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 criteria in 13 CFR part 121 and the size
standard in paragraph (c) of this clause.

\(b\) If the Contractor represented that it was a small business concern
prior to award of this contract, the Contractor shall represent its size
status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause, upon the occurrence of any of the
following:

\(1\) Within 30 days after execution of a novation agreement or within
30 days after modification of the contract to include this clause, if
the novation agreement was executed prior to inclusion of this clause in
the contract.

\(2\) Within 30 days after a merger or acquisition that does not require
a novation or within 30 days after modification of the contract to
include this clause, if the merger or acquisition occurred prior to
inclusion of this clause in the contract.

\(3\) For long-term contracts -

\(i\) Within 60 to 120 days prior to the end of the fifth year of the
contract; and

\(ii\) Within 60 to 120 days prior to the exercise date specified in the
contract for any option thereafter.

\(c\) The Contractor shall represent its size status in accordance with
the size standard in effect at the time of this rerepresentation that
corresponds to the North American Industry Classification System (NAICS)
code assigned to this contract. The small business size standard
corresponding to this NAICS code can be found at
http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

\(d\) The small business size standard for a Contractor providing a
product which it does not manufacture itself, for a contract other than
a construction or service contract, is 500 employees.

\(e\) Except as provided in paragraph (g) of this clause, the Contractor
shall make the rerepresentation required by paragraph (b) of this clause
by validating or updating all its representations in the Online
Representations and Certifications Application and its data in the
Central Contractor Registration, as necessary, to ensure they reflect
current status. The Contractor shall notify the contracting office by
e-mail, or otherwise in writing, that the data have been validated or
updated, and provide the date of the validation or update.

\(f\) If the Contractor represented that it was other than a small
business concern prior to award of this contract, the Contractor may,
but is not required to, take the actions required by paragraphs (e) or
(g) of this clause.

\(g\) If the Contractor does not have representations and certifications
in ORCA, or does not have a representation in ORCA for the NAICS code
applicable to this contract, the Contractor is required to complete the
following representation and submit it to the contracting office, along
with the contract number and the date on which the rerepresentation was
completed:

The Contractor represents that it \[ \] is, \[ \] is not a small
business concern under NAICS Code 237990 assigned to contract number
08-CC-40-8239.

\[Contractor to sign and date and insert authorized signer\'s name and
title\].

+-----------------------------------------------------------------------+
| ## I.11 52.225-11\-\--Buy Ameri                                       |
| can Act - Construction Materials Under Trade Agreements (August 2007) |
+-----------------------------------------------------------------------+

\(a\) Definitions. As used in this clause\--

"Caribbean Basin country construction material" means a construction
material that\--

> \(1\) Is wholly the growth, product, or manufacture of a Caribbean
> Basin country; or
>
> \(2\) In the case of a construction material that consists in whole or
> in part of materials from another country, has been substantially
> transformed in a Caribbean Basin country into a new and different
> construction material distinct from the materials from which it was
> transformed.

"Component" means an article, material, or supply incorporated directly
into a construction material.

"Construction material" means an article, material, or supply brought to
the construction site by the Contractor or subcontractor for
incorporation into the building or work. The term also includes an item
brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction
material regardless of when or how the individual parts or components of
those systems are delivered to the construction site. Materials
purchased directly by the Government are supplies, not construction
material.

"Cost of components" means\--

> \(1\) For components purchased by the Contractor, the acquisition
> cost, including transportation costs to the place of incorporation
> into the construction material (whether or not such costs are paid to
> a domestic firm), and any applicable duty (whether or not a duty-free
> entry certificate is issued); or
>
> \(2\) For components manufactured by the Contractor, all costs
> associated with the manufacture of the component, including
> transportation costs as described in paragraph (1) of this definition,
> plus allocable overhead costs, but excluding profit. Cost of
> components does not include any costs associated with the manufacture
> of the construction material.

"Designated country" means any of the following countries:

> \(1\) A World Trade Organization Government Procurement Agreement
> country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech
> Republic, Denmark. Estonia, Finland, France, Germany, Greece, Hong
> Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic
> of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
> Norway, Poland, Portugal, Romania, Singapore, Slovak Republic,
> Slovenia, Spain, Sweden, Switzerland, or United Kingdom);
>
> \(2\) A Free Trade Agreement country (Australia, Bahrain, Canada,
> Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico,
> Morocco, Nicaragua, or Singapore);
>
> \(3\) A least developed country (Afghanistan, Angola, Bangladesh,
> Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, 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, British Virgin Islands, Costa Rica, Dominica,
> Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St.
> Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or
> Trinidad and Tobago).

"Designated country construction material" means a construction material
that is a WTO GPA country construction material, an FTA country
construction material, a least developed country construction material,
or a Caribbean Basin country construction material.

"Domestic construction material" means\--

> \(1\) An unmanufactured construction material mined or produced in the
> United States; or
>
> \(2\) A construction material manufactured in the United States, if
> 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.

"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.

"Foreign construction material" means a construction material other than
a domestic construction material.

"Least developed country construction material" means a construction
material that\--

> \(1\) Is wholly the growth, product, or manufacture of a least
> developed country; or
>
> \(2\) In the case of a construction material that consists in whole or
> in part of materials from another country, has been substantially
> transformed in a least developed country into a new and different
> construction material distinct from the materials from which it was
> transformed.

"United States" means the 50 States, the District of Columbia, and
outlying areas.

"WTO GPA country construction material" means a construction material
that\--

> \(1\) Is wholly the growth, product, or manufacture of a WTO GPA
> country; or
>
> \(2\) In the case of a construction material that consists in whole or
> in part of materials from another country, has been substantially
> transformed in a WTO GPA country into a new and different construction
> material distinct from the materials from which it was transformed.

\(b\) Construction materials.

> \(1\) This clause implements the Buy American Act (41 U.S.C. 10a-10d)
> by providing a preference for domestic construction material. In
> 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 country
> construction materials.
>
> \(2\) The Contractor shall use only domestic or designated country
> construction material in performing this contract, except as provided
> in paragraphs (b)(3) and (b)(4) of this clause.
>
> \(3\) The requirement in paragraph (b)(2) of this clause does not
> apply to the construction materials or components listed by the
> Government as follows:\_\_\_\_**NONE**\_\_\_\_ \[Contracting Officer
> to list applicable excepted materials or indicate \`\`none\'\'\]
>
> \(4\) 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;
>
> \(F\) 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       Unit of       Quantity   Price (dollars) \*
  description                 measure                  

  Item 1                                                

  Foreign construction                                  
  material                                             

  Domestic construction                                 
  material                                             

  Item 2                                                

  Foreign construction                                  
  material                                             

  Domestic construction                                 
  material                                             
  --------------------------- ------------- ---------- --------------------

\[List name, address, telephone number, and contact for suppliers
surveyed. Attach copy of response; if oral, attach summary.\]

\[Include other applicable supporting information. \]

> \[\* Include all delivery costs to the construction site and any
> applicable duty (whether or not a duty-free entry certificate is
> issued).\]

+-----------------------------------------------------------------------+
| ## I.12 52.                                                           |
| 227-04\-\--Patent Indemnity -- Construction Contracts (December 2007) |
+-----------------------------------------------------------------------+

Except as otherwise provided, the Contractor shall indemnify the
Government and its officers, agents, and employees against liability,
including costs and expenses, for infringement upon any United States
patent (except a patent issued upon an application that is now or may
hereafter be withheld from issue pursuant to a Secrecy Order under 35
U.S.C. 181) arising out of performing this contract or out of the use or
disposal by or for the account of the Government of supplies furnished
or work performed under this contract.

+-----------------------------------------------------------------------+
| ## I.13 52.232-33\-\--Payment by Elect                                |
| ronic Funds Transfer\--Central Contractor Registration (October 2003) |
+-----------------------------------------------------------------------+

\(a\) Method of payment. (1) All payments by the Government under this
contract shall be made by electronic funds transfer (EFT), except as
provided in paragraph (a)(2) of this clause. As used in this clause, the
term \"EFT\" refers to the funds transfer and may also include the
payment information transfer.

> \(2\) In the event the Government is unable to release one or more
> payments by EFT, the Contractor agrees to either-
>
> \(i\) Accept payment by check or some other mutually agreeable method
> of payment; or
>
> \(ii\) Request the Government to extend the payment due date until
> such time as the Government can make payment by EFT (but see paragraph
> (d) of this clause).

\(b\) Contractor\'s EFT information. The Government shall make payment
to the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.

\(c\) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to
the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through
the ACH are contained in 31 CFR part 210.

\(d\) Suspension of payment. If the Contractor\'s EFT information in the
CCR database is incorrect, then the Government need not make payment to
the Contractor under this contract until correct EFT information is
entered into the CCR database; and any invoice or contract financing
request shall be deemed not to be a proper invoice for the purpose of
prompt payment under this contract. The prompt payment terms of the
contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.

\(e\) Liability for uncompleted or erroneous transfers. (1)If an
uncompleted or erroneous transfer occurs because the Government used the
Contractor\'s EFT information incorrectly, the Government remains
responsible for-

> \(i\) Making a correct payment;
>
> \(ii\) Paying any prompt payment penalty due; and
>
> \(iii\) Recovering any erroneously directed funds.
>
> \(2\) If an uncompleted or erroneous transfer occurs because the
> Contractor\'s EFT information was incorrect, or was revised within 30
> days of Government release of the EFT payment transaction instruction
> to the Federal Reserve System, and-
>
> \(i\) If the funds are no longer under the control of the payment
> office, the Government is deemed to have made payment and the
> Contractor is responsible for recovery of any erroneously directed
> funds; or
>
> \(ii\) If the funds remain under the control of the payment office,
> the Government shall not make payment, and the provisions of paragraph
> (d) of this clause shall apply.

\(f\) EFT and prompt payment. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal Reserve System, the date specified for settlement of the
payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal
Reserve System.

\(g\) EFT and assignment of claims. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of claims
terms of this contract, the Contractor shall require as a condition of
any such assignment, that the assignee shall register separately in the
CCR database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract,
payment to an ultimate recipient other than the Contractor, or a
financial institution properly recognized under an assignment of claims
pursuant to Subpart 32.8, is not permitted. In all respects, the
requirements of this clause shall apply to the assignee as if it were
the Contractor. EFT information that shows the ultimate recipient of the
transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT
information within the meaning of paragraph (d) of this clause.

\(h\) Liability for change of EFT information by financial agent. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor\'s financial agent.

\(i\) Payment information. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any
particular payment office and retains the latitude to use the format and
delivery method most convenient to the Government. If the Government
makes payment by check in accordance with paragraph (a) of this clause,
the Government shall mail the payment information to the remittance
address contained in the CCR database.

+-----------------------------------------------------------------------+
| ## I.14 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.15 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 (48 CFR 14) clause with an authorized deviation is indicated by
the addition of \"(DEVIATION)\" after the name of the regulation.

+-----------------------------------------------------------------------+
| ## I.16 WBR 1452.201-80\                                              |
| -\--Authorities and Limitations \-- Bureau of Reclamation (July 1993) |
+-----------------------------------------------------------------------+

\(a\) All work shall be performed under the authority exercised by the
Contracting Officer who has been appointed in accordance with the
requirements of the Department of the Interior Acquisition Regulation
(DIAR) 1401.603 (48 CFR 1401.603).

\(b\) The Contracting Officer may designate other Government employees
to act as authorized representatives in administering this contract in
accordance with the requirements of DIAR 1401.670 (48 CFR 1401.670). Any
designation shall be made to the authorized representative by an
appointment memorandum signed by the Contracting Officer which contains
the scope and limitations of authority delegated for purposes of
administering this contract. A copy of the memorandum, and any revisions
to it, shall be provided to the Contractor which shall acknowledge
receipt.

\(c\) The Contractor shall, without unnecessary delay, comply with any
written or oral direction of the contracting officer or authorized
representative(s) acting within the scope and authority of their
appointment memorandum. Such orders or direction include, but are not
limited to, instructions, interpretations, approvals, or rejections
associated with work under this contract including requirements for
submission of technical data, shop drawings, samples, literature, plans,
or other data required to be approved by the Government under this
contract.

(d)(1) If the Contractor receives direction for work under this contract
(including any written or oral orders it regards as a change order under
the Changes clause of this contract) and it considers such direction to
have been issued without proper authority (including instances where it
believes delegated authority has been exceeded), it shall not proceed
with the direction and shall notify the Contracting Officer within five
(5) working days of receipt of the direction. On the basis of the most
accurate information available to the Contractor, the notice shall
state\--

> \(i\) The date, nature, and circumstances of the direction received;
>
> \(ii\) The name, function, and activity of each Government individual
> and Contractor official or employee involved in or knowledgeable about
> such direction;
>
> \(iii\) The identification of any documents and the substance of any
> oral communication involved in such direction;
>
> \(iv\) The contract line items or other contract requirements that may
> be affected by the alleged direction including any suspected delays or
> disruption of performance; and
>
> \(v\) Any other information considered pertinent.

\(2\) Unless otherwise provided in this contract, the Contractor assumes
all costs, risks, liabilities, and consequences of performing any work
it is directed to perform under this paragraph prior to receipt of the
Contracting Officer\'s determination issued under paragraph (e) of this
clause.

\(e\) The Contracting Officer shall promptly, after receipt of any
notice made under paragraph (d) of this clause, respond to the notice in
writing. The response shall \--

\(1\) Confirm that the direction contained in the Contractor\'s notice
was unauthorized and either authorize it by appropriate contract
modification or countermand it;

\(2\) Deny that the direction contained in the Contractor\'s notice was
outside the scope and limitations of the authority of the authorized
representative who gave the direction and direct the Contractor to
proceed immediately with the direction received or, when necessary,
direct the mode of further performance; or

\(3\) In the event the information contained in the Contractor\'s notice
is inadequate to make a decision under subparagraphs (e)(1) or (2) of
this clause, advise the Contractor what additional information is
required, and establish the date by which it should be furnished and the
date thereafter by which the Government will respond.

\(f\) A failure of the parties to agree upon the nature of a direction,
or upon the contract action to be taken with respect thereto, shall be
subject to the provisions of the Disputes clause of this contract.

+-----------------------------------------------------------------------+
| ## I.17 DIAR 1452.203-70\-\--R                                        |
| estriction 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.18 WBR 1                                                         |
| 452.223-81\-\--Safety And Health \-- Bureau of Reclamation (May 2005) |
+-----------------------------------------------------------------------+

\(a\) The Contractor shall not require any laborer or mechanic 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) 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 safety and health standards as referenced in subparagraph
(b)(2) of the Accident Prevention clause may be obtained from any
regional or area office of the Occupational Safety and Health
Administration, U.S. Department of Labor.

\(2\) The Contractor may order the RSHS manual as referenced in
subparagraph (b) above is available at the following website:
<http://www.usbr.gov/ssle/safety>

\(d\) The Contractor shall submit a written proposed safety program in
the form and time intervals pre scribed in section 2 of the RSHS manual
and amendments or revisions thereto in effect on the date of the
solicitation.

\(e\) In addition to any other provisions in the contract, the
Contractor shall comply with all safety and material data submittal
requirements contained in the RSHS manual and revisions thereto.

\(f\) The Contractor shall maintain an accurate record of, and shall
report to the Contracting Officer (or authorized representative) in the
manner prescribed by the Contracting Officer, all cases of death,
occupational diseases, or traumatic injury to employees or the public
involved, and property damage in excess of \$2,500 occurring during
performance of work under this contract.

\(g\) The rights and remedies of the Government provided in this clause
are in addition to any other rights and remedies provided by law or
under this contract.

\(h\) In the event there is a conflict between the requirements
contained in any of the safety documents referenced herein, the more
stringent requirement shall prevail.

+-----------------------------------------------------------------------+
| ## I.19 WBR 1452.232-81\-\--Payment For M                             |
| obilization And Preparatory Work \-- Bureau of Reclamation (May 2000) |
+-----------------------------------------------------------------------+

\(a\) *General*. Payment for the Mobilization and Preparatory Work line
item of the schedule will be made as reflected herein. To the extent
that this line item exceeds the percentage of total contract pricing as
estimated by the Contracting Officer in WBR 1452.236-85, Instruction for
Mobilization and Preparatory Work Schedule Line Item, payment will be
made as reflected in Section (d)(5) below. Reclamation will make payment
to the Contractor in accordance with this clause for operations
including, but not limited to, those necessary for \--

\(1\) Movement of personnel, equipment, supplies, and incidentals to the
project site;

\(2\) The establishment of offices, buildings, plants and other
facilities, at the site (excludes temporary buildings (e.g. storage
sheds, shops, offices) and utilities listed in the Operations and
Storage Areas clause of this contract;

\(3\) Payment of premiums for project bonds and insurance; and

\(4\) Other work and operations which must be performed or costs
incurred incident to the initiation of meaningful work at the site and
for which the contract does not otherwise provide for payment.

\(b\) *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 5 percent of the total original
contract amount have been made by the Government for all other work
accomplished under the contract, the Government shall pay the Contractor
50 percent of the mobilization and preparatory work contract line item
amount or 5 percent of the total original contract amount (whichever is
the lower) exclusive of any payment already made to the Contractor for
performance and payment bond premiums and specified insurance under
subparagraph (d)(1) of this clause.

\(4\) When progress payments totaling 10 percent of the total original
contract amount have been made by the Government for all other work
accomplished under the contract , the balance of the amount for the
mobilization and preparatory work contract line item or 10 percent of
the total original contract amount (whichever is the lower) shall be
paid to the contractor.

\(5\) If the contract amount for mobilization and preparatory work
exceeds the total of the payments allowed under (3) and (4) above, the
balance shall be paid when the contract work is substantially complete
as determined by the Contracting Officer.

+-----------------------------------------------------------------------+
| ## I.20 WBR 1452.232-82\-\-                                           |
| -Other Invoice Requirements \-- Bureau of Reclamation (December 2002) |
+-----------------------------------------------------------------------+

\(a\) 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.21 WBR 1452.236-8\-\--Other Contracts (APR 1984) (DEVIATION)     |
+-----------------------------------------------------------------------+

The Government may undertake or award other contracts for additional
work at or near the site of the work under Task Orders awarded 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 Task Orders awarded 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. Any anticipated
work to be performed at or near the site of Task Orders awarded under
this contract will be identified with the Task Order.

+-----------------------------------------------------------------------+
| ## I.22 WBR 1452.23                                                   |
| 7-80\-\--Security Requirements - Bureau Of Reclamation (October 2006) |
+-----------------------------------------------------------------------+

\(a\) General Security Requirements:

\(1\) This clause addresses security requirements, including general
procedural requirements, information security requirements, contractor
employee suitability requirements, identification card requirements,
site security requirements, and information technology security
requirements. Within this clause, COR means Contracting Officer\'s
Representative. If there is no COR appointed and identified to the
Contractor, the term instead will mean the Program Manager or any other
authorized individual responsible for technical oversight under the
contract. \"Work site\" means the Government facility, office,
construction site, and any other area within the Government office or
facility that the Contractor must access to accomplish work under this
contract.

\(2\) The work performed under this contract shall only be accomplished
by individuals (in the employment of the Contractor or any
subcontractors) whose conduct and behavior is consistent with the
efficiency of the Federal Service and the requirements of this contract,
and who are acceptable to the CO. If Reclamation finds a Contractor
employee to be unsuitable or unfit for his or her assigned duties, the
CO will direct the Contractor to remove the individual from the contract
and access to the Federal facility at which the contract activities are
occurring.

\(3\) The Contractor\'s employees governed by this contract may need
access to sensitive information and/or may need access to designated
Controlled Access Areas (CAAs). The Federal Government (Government)
reserves the right, in its sole discretion, to determine suitability of
Contractor personnel and deny access to any sensitive information or
project specific area to any personnel for any cause.

\(4\) The Contractor is responsible for informing and ensuring
compliance by its employees with any applicable security procedures of
the Government facility where work may be performed under this contract.

\(5\) Any Contractor employee that will have access to a
Federally-controlled facility or information system will be required to
have a Government-issued identification card, consisting of either a
Personal Identity Verification (PIV) Card, a temporary identification
card, or a visitor badge. During performance of the contract, the
Contractor shall keep the COR apprised of any changes in personnel, or
changes in personnel access or duration, to ensure that performance is
not delayed by compliance with credentialing processes.

\(6\) A Contractor employee will not be provided access to a Government
facility or information system until a Government PIV Card, temporary
identification card, or visitor identification badge has been issued to
the Contractor employee. For those individuals that will be receiving a
PIV Card, the Government may, at its discretion, issue a temporary
identification card or visitor identification badge after the background
investigation forms have been received and the investigation is
initiated.

\(7\) All Contractor employees shall access the facility via the
facility\'s entry screening system and visibly display the
Government-issued PIV Card, temporary identification card, or visitor
identification badge at all times. Contractor employees must visibly
wear the Government-issued identification card at all times they are on
Government facilities. Contractor employees are responsible for the
safekeeping of all Government-issued identification cards, whether
on-site or off-site. Cards that have been lost, damaged, or stolen must
be reported to the COR within 24 hours. The Contractor shall return all
identification cards and card keys and any other Government property and
information upon completion of performance or when personnel depart
permanently or for a period of 7 days or more. The Contractor may be
required to turn in access control cards or identification cards on a
daily basis.

\(8\) Misuse or loss of access control or identification cards, or
failure to comply with required surrender of such cards may, at
Government discretion, result in Contractor personnel being denied
access to the work site, at no cost to Government. The Contractor may be
charged up to \$500 for each occurrence for any required replacement of
Government-issued access control or identification cards due to loss or
misuse. At the end of contract performance, or when a Contractor
employee is no longer working under this contract, the Contractor shall
ensure that all access control and identification cards are returned to
the COR.

\(9\) All Contractor personnel, including subcontractor personnel, with
access to the work site shall be U.S. citizens or foreign individuals
legally residing in, or legally admitted to, the U.S. At the direction
of the COR, the Contractor shall provide to the COR, in writing, the
name and nationality of all non-U.S. citizens working under this
contract. For those individuals with access to the work site, the
Contractor shall also provide documentation that the foreign individual
is legally residing in, or has been legally admitted to, the U.S.

\(10\) The Contractor shall report all contacts with entities,
individuals, and counsel/representatives (including foreign entities and
foreign nationals) who seek in any way to obtain unauthorized access to
sensitive information or areas. The Contractor shall report any
violations of contract provisions, laws, executive orders, regulations,
and guidance to the CO. The Contractor shall report any information
raising a doubt as to whether an individual\'s eligibility for continued
employment or access to sensitive information is consistent with the
interests of National Security and the Public Trust.

\(11\) Unsanctioned, negligent, or willful inappropriate action on the
part of the Contractor (or its employees) may result in termination of
the contract or removal of some Contractor employees from Reclamation
facilities at no cost to the Government. These actions include, but are
not limited to, exploration of a sensitive system and/or information,
introduction of unauthorized and/or malicious software, or failure to
follow prescribed access control policies and/or security procedures.
Failure to comply with Reclamation policies, procedures, or other
published security requirements may result in termination of the
contract or removal of some contracted employees from Reclamation
buildings and/or facilities at no cost to the Government.

\(12\) All provisions of this clause shall equally apply to all
subcontractors. The Contractor shall incorporate the substance of this
clause in all subcontracts.

\(13\) These security requirements apply to all sections of this
Contract including Contract Drawings and other Contract Specifications
as applicable. Related documents include other general provisions of
Construction or Operations and Maintenance type Contracts, including FAR
clauses by reference or as amended by related documents.

\(b\) Information Security Requirements.

\(1\) The term \"sensitive information\" means any information which
warrants a degree of protection and administrative control as defined by
Reclamation or that meets the criteria for exemption from public
disclosure set forth under Sections 552 and 552a of Title 5, United
States Code: the Freedom of Information Act and the Privacy Act.
Sensitive information is generally categorized as FOR OFFICIAL USE ONLY
(FOUO) information, but in some cases may include other unclassified
information. (The protection of National Classified information is
beyond the scope of this clause. If any work on Classified information
is required under this contract, it is addressed under other contract
clauses.) The Contractor shall protect this type of information from
unauthorized release into public domain, or to unauthorized persons,
organizations, or subcontractors. Information which, either alone or in
aggregate, is deemed sensitive by Reclamation shall be handled and
protected in accordance with Reclamation Directives and Standards for
Identifying and Safeguarding FOR OFFICIAL USE ONLY (FOUO) Information,
which is available at http://www.usbr.gov/recman/DandS.html#sle.

\(2\) Any Government-furnished information/material does not become the
property of the Contractor and may be withdrawn at any time. Upon
expiration of the contract, all documents released to the Contractor and
any material created using data from such documents shall be returned to
the COR for final disposition. Only with prior authorization from the CO
may the Contractor retain the material. The Contractor or subcontractor
shall not disclose or release the materials provided to the Contractor
to any individuals of the Contractor\'s organization not directly
engaged in providing services under the contract or that do not have a
valid need-to-know. All technical data provided to the Contractor by the
Government shall be protected from public or private disclosure in
accordance with the markings printed on them. All other information
relating to the items to be delivered or the services to be performed
under this contract shall not be disclosed by any means without prior
approval of the CO. Prohibited dissemination or disclosure includes, but
is not limited to: permitting access to such information by foreign
nationals or by immigrant aliens who may be employed by the Contractor,
publication of technical or scientific papers, advertising, and
disclosure to Contractor staff not investigated and deemed acceptable at
the appropriate contract/information sensitivity level, or any other
proposed public release. The Contractor shall maintain, and furnish upon
demand of the CO, records of the names of individuals who have access to
sensitive material in its custody. All questions regarding information
security, access, and control shall be referred to the COR.

\(3\) The Contractor shall not release to anyone outside the
Contractor\'s organization any sensitive, or otherwise protected
information, regardless of medium in which it is contained (for example,
film, tape, document, electronic), pertaining to any part of this
contract or any Reclamation program or activity, unless the CO has given
prior written approval. This includes, but is not limited to, news
releases, marketing promotions, articles, interviews, reports, and any
other media releases. Requests for approval shall identify the specific
information to be released, the medium to be used, the purpose for the
release, and a description of the need-to-know. The Contractor shall
submit its request to the CO before the proposed date for release.
Subcontractors shall submit requests for authorization to release
through the prime Contractor to the CO.

\(4\) The Contractor shall notify the COR immediately when known or
suspected loss/compromise of sensitive information or other documents,
notes, drawings, sketches, reports, photographs, exposed film or similar
information which may affect the security interests of Government has
occurred. This requirement extends to employees and other personnel
working on behalf of the Contractor, and expands responsibility to
include prompt reporting of security issues, including observed or
subsequently discovered efforts by unauthorized persons to gain
unauthorized access to sensitive information.

**[I.23 WBR 1452.232-84 - LIMITATION OF GOVERNMENT\'S OBLIGATION UNDER
THE CONTINUING RESOLUTION \-- BUREAU OF RECLAMATION (OCT
2008)]{.smallcaps}**

Of the total contract price, only partial funding in the amount of \$
\[*enter the dollar amount*\] is available for performance under this
contract \[*insert contract number*\] for the period October 1, 2008
through March 6, 2009, as required by P.L. 110-239, *Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009*.
No funding can exceed that which is authorized by this Continuing
Resolution. Therefore, your authority to provide contract services and
the authority of the Bureau of Reclamation to obligate funds for those
services will be strictly limited by the CR and the dollar amount above.
Your communications regarding this and all matters related to this
contract shall be directed to the Contracting Officer.

# SECTION J -- LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

  -------------- --------------- --------------------------------------------- ---------- -----------
  **Attachment                   **Description**                               **Date**   **Pages**
  Number**                                                                                

  \(1\)                          SABER Specifications                          N/A        124

  \(2\)                          Past Performance Questionnaire                N/A        8

  \(3\)                          Wage Determination No. CO080013               5/2/08     6

  \(4\)                          Wage Determination No. NM080001               5/2/08     20

  \(5\)                          Wage Determination No. TX080055               2/8/08     3

  \(6\)          Wage                                                          2/8/08     3
                 Determination                                                            
                 No. TX080062                                                             
  -------------- --------------- --------------------------------------------- ---------- -----------

# SECTION K \-- Representations, Certifications and Other Statements of Offerors 

+-----------------------------------------------------------------------+
| #                                                                     |
| # K.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 solicitation provision may be accessed
electronically at this/these address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.250-02         SAFETY Act coverage Not Applicable       November 2007
  ----------------- ---------------------------------------- -------------

+-----------------------------------------------------------------------+
| ## K.2 5                                                              |
| 2.204-08\-\--Annual Representations and Certifications (January 2006) |
+-----------------------------------------------------------------------+

\(a\) (1) The North American Industry Classification system (NAICS) code
for this acquisition is 237990

> \(2\) The small business size standard is \$31.0 million
>
> \(3\) The small business size standard for a concern which submits an
> offer in its own name, other than on a construction or 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 this solicitation, paragraph (c) 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 (c)
> 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 (c) applies
>
> \[ \] (ii) Paragraph (c) does not apply and the offeror has completed
> the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at http://orca.bpn.gov. After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically 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
>
> \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_ \_\_\_\_\_\_ \_\_\_\_\_\_\_

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.3 52.223-01\-\--Biobased Product Certification (December 2007)   |
+-----------------------------------------------------------------------+

As required by the Farm Security and Rural Investment Act of 2002 and
the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror
certifies, by signing this offer, that biobased products (within
categories of products listed by the United States Department of
Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in
the performance of the contract, other than biobased products that are
not purchased by the offeror as a direct result of this contract, will
comply with the applicable specifications or other contractual
requirements.

+-----------------------------------------------------------------------+
| ## K.4                                                                |
|  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.

# SECTION L \-- Instructions, Conditions and Notices to OFFERORS 

+-----------------------------------------------------------------------+
| #                                                                     |
| # 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 solicitation provision may be accessed
electronically at this/these address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ------------------ -------------------------------------- --------------
  **Clause**         **Title**                              **Date**

  52.204-06          Data Universal Numbering System (DUNS) April 2008
                     Number                                 

  52.214-34          Submission Of Offers In The English    April 1991
                     Language                               

  52.214-35          Submission Of Offers In U.S. Currency  April 1991

  52.215-20          Requirements for Cost or Pricing Data  October 1997
                     or Information Other Than Cost or      
                     Pricing Data                           

  WBR 1452.211-80    Notice Of Intent To Acquire Metric     March 1993
                     Products And Services \-- Bureau of    
                     Reclamation                            
  ------------------ -------------------------------------- --------------

+-----------------------------------------------------------------------+
| ## L.2 1452.233-2\-\--Serv                                            |
| ice Of Protest \-- Department of the Interior (Deviation) (July 1996) |
+-----------------------------------------------------------------------+

\(a\) Protests, as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgement of receipt from: Bureau of
Reclamation, Contracting Officer, 125 South State Street, Room 6107,
Salt Lake City, Utah 84138-1102.

\(b\) The copy of any protest shall be received in the office designed
above within one day of filing a protest with the GAO.

\(c\) A copy of the protest served on the Contracting Officer shall be
simultaneously furnished by the protester to the Department of the
Interior Assistant Solicitor for Procurement and Patents, 1849 C Street,
NW, Room 6511, Washington, D.C. 20240.

+-----------------------------------------------------------------------+
| ## L.3 52.216-01\-\--Type Of Contract (April 1984)                    |
+-----------------------------------------------------------------------+

The Government contemplates award of an indefinite delivery, indefinite
quantity construction contract resulting from this solicitation. Task
Orders awarded under the contract will generally be firm-fixed price, or
time and materials only if warranted by the circumstances.

+-----------------------------------------------------------------------+
| ## L.4 52                                                             |
| .225-13\-\--Restrictions on Certain Foreign Purchases (February 2006) |
+-----------------------------------------------------------------------+

\(a\) Except as authorized by the Office of Foreign Assets Control
(OFAC) in the Department of the Treasury, the Contractor shall not
acquire, for use in the performance of this contract, any supplies or
services if any proclamation, Executive order, or statute administered
by OFAC, or if OFAC\'s implementing regulations at 31 CFR Chapter V,
would prohibit such a transaction by a person subject to the
jurisdiction of the United States.

\(b\) Except as authorized by OFAC, most transactions involving Cuba,
Iran, and Sudan are prohibited, as are most imports from North Korea,
into the United States or its outlying areas. Lists of entities and
individuals subject to economic sanctions are included in OFAC\'s List
of Specially Designated Nationals and Blocked Persons at
http://www.epls.arnet.gov/News.html. More information about these
restrictions, as well as updates, is available in the OFAC\'s
regulations at 31 CFR Chapter V and/or on OFAC\'s website at
http://www.treas.gov/offices/enforcement/ofac.

\(c\) The Contractor shall insert this clause, including this paragraph
(c), in all subcontracts.

+-----------------------------------------------------------------------+
| ## L.5 52.252-05\-\--Authorized Deviations In Provisions (April 1984) |
+-----------------------------------------------------------------------+

\(a\) The use in this solicitation of any Federal Acquisition Regulation
(48 CFR Chapter 1) provision with an authorized deviation is indicated
by the addition of\"(DEVIATION)\" after the date of the provision.

\(b\) The use in this solicitation of any Department of the Interior (48
CFR Chapter 14) provision with an authorized deviation is indicated by
the addition of \"(DEVIATION)\" after the name of the regulation.

+-----------------------------------------------------------------------+
| ## L.6 WBR 1452.215-80\-\--Source Eva                                 |
| luation 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]{.underline}.** 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 for Award \-- Bureau of Reclamation
provision in [Section M, clause M.3]{.underline} of this solicitation.
Technical proposals shall be submitted in accordance with the Technical
Proposal Instructions \-- Bureau of Reclamation provision in [Section L,
clause L.8]{.underline} of this solicitation.

**(b) [Past Performance Evaluation]{.underline}.** 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) [Clarifications]{.underline}.** 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.

**(d) [Communications]{.underline}.** 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.

**(e) [Competitive range]{.underline}.** If discussions are to be
conducted, the contracting officer shall establish the competitive range
based on the ratings of each proposal against all evaluation criteria.
The competitive range shall comprise all the most highly rated
proposals, unless the range is further reduced for purposes of
efficiency. The contracting officer may determine that the number of
most highly rated proposals that might otherwise be included in the
competitive range exceeds the number at which an efficient competition
can be conducted. The contracting officer may then limit the number of
proposals in the range to the greatest number that will permit an
efficient competition among the most highly rated proposals. If, after
discussions have begun (see paragraph (g) below), an offeror originally
in the competitive range is no longer considered to be among the most
highly rated offerors being considered for award, that offeror may be
eliminated from the range whether or not all material aspects of the
proposal have been discussed, or whether or not the offeror has been
afforded an opportunity to submit a proposal revision.

**(f) [Preaward debriefing of offerors]{.underline}.** 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.

**(g) [Discussions]{.underline}.** 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.

**(h) [Proposal revisions]{.underline}**. 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.

**(i) [Preaward survey]{.underline}**. 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.

**(j) [Organizational conflicts of interest]{.underline}.** 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).

**(k) [Source selection decision]{.underline}.** The source selection
authority\'s (SSA) decision shall be based on a comparative assessment
of proposals against all source selection criteria in the solicitation.
While the SSA may use reports and criteria prepared by others, the
source selection decision shall represent the SSA\'s independent
judgment. The source selection decision shall be documented, and the
documentation shall include the rationale for any business judgments and
tradeoffs made or relied on by the SSA, including benefits associated
with additional costs. Although the rationale for the selection decision
must be documented, that documentation need not quantify the tradeoffs
that led to the decision.

**(l) [Postaward notice]{.underline}.** 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.

**(m) [Postaward debriefing of offerors]{.underline}.** 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.7 WBR 1452.215-8                                                 |
| 2\-\-- Proposal Instructions \-- Bureau of Reclamation (January 1998) |
+-----------------------------------------------------------------------+

In addition to the requirements of the Preparation of Offers provision
of this solicitation, each offeror shall submit a proposal in accordance
with the instructions contained in this provision.

**A. *General contents*.** Each offeror's proposal shall:

> 1\. Be specific and complete in every detail;
>
> 2\. Conform to all solicitation provisions, clauses, or other
> requirements;
>
> 3\. Be logically assembled, practical, legible, clear, concise,
> coherent; and indexed (cross-indexed, where appropriate); and
>
> 4\. Contain appropriately numbered pages.

**B. *Arrangement of Proposal*.** The proposal shall consist of three
separately tabbed sections individually entitled as stated below.
Offerors shall submit their proposal in accordance with block 13.A on
the SF-1442.

**[Section]{.underline} [Title]{.underline}**

I SF-1442, Representations, Certifications, and Other Statements of
Offerors.

II Technical Section

III Pricing Section

**C. *Marking of Proposal*.** All proposals are to be packaged and
clearly marked to identify contents. In order to prevent mishandling,
the exterior of the package containing the copies of 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.

**D. *SF-1442, Representations, certifications, and other offeror
statements (Section I).*** Section I shall consist of:

> 1\. A fully executed Solicitation, Offer, and Award form (Standard
> Form 1442) required by [Section A]{.underline} 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 [Section
> K]{.underline} of this solicitation;
>
> 3\. Requests for any waivers of any solicitation provisions or
> contract clauses; and a summary of any exemptions from, or deviations
> to, any other solicitation requirements.

**E. *Technical Section (Section II).***

> **1. [General]{.underline}.** This section shall be an orderly,
> specific, and complete document in every detail. It should be
> presented in a manner which allows it to \"stand alone\" without the
> need to reference other documents. It should convincingly describe the
> capability of the offeror\'s organization to participate in this
> project and effectively demonstrate a thorough understanding of the
> work statement contained in Section C of this solicitation. The
> proposal shall be organized and written so that it can be easily read
> and meaningfully evaluated by Reclamation personnel from a variety of
> different functional and technical disciplines. It should be a
> coherent document free of internal inconsistencies as well as
> inconsistencies with other sections in the proposal. **To permit
> objective evaluation of the technical proposal, cost or price
> information, including proposed coefficients, shall [NOT]{.underline}
> be included in the technical proposal.\
> **\
> **2. [Use and Disclosure of Proposal Information]{.underline}**. 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.\"
>
> **3. [Format and Content]{.underline}.** To assist in the uniform
> evaluation of the proposal, the following format shall be utilized in
> preparing the technical section:
>
> **a. [Table of contents]{.underline}.** 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;
>
> **b. [Enclosures]{.underline}.** The enclosures shall include a list
> of any tables, drawings, charts, and any other enclosures which
> summarize data or information;
>
> **c. [Technical Section Evaluation Factors]{.underline}.** Offerors
> shall address the following evaluation factors in their TECHNICAL
> PROPOSAL. Offerors shall include any conditions, deviations, or
> exceptions to the specifications or other solicitation requirements in
> their TECHNICAL PROPOSAL. Offerors are cautioned that any proposed
> conditions, deviations, or exceptions to the specifications or other
> solicitation requirements may be detrimental to their chances for
> contract award because the Government intends to select a contractor
> for contract award without discussions.
>
> **[(1) SAMPLE TASK: Model SABER Projects]{.underline}** -- As part of
> the evaluation, the Offeror shall complete a model SABER Project as
> noted below. The Offeror will address the criteria cited herein and
> develop sample SABER proposals which would demonstrate the Offeror's
> understanding and comprehension of SABER construction tasks as well as
> the ability to effectively use the Unit Priced Book. The Offeror shall
> submit one sample proposal for a Firm-Fixed Price Task Order and one
> sample proposal for a Time-and-Materials Task Order which are
> responsive to the respective hypothetical work requirements shown
> below. ***Both proposals shall use a stipulated coefficient of 1.20%
> and [not]{.underline} the actual coefficient being offered***.
>
> **(a)** **[Firm Fixed Price Task Order]{.underline}**: Requirement to
> construct a lighted steel storage building with a rest room. The
> dimensions of the building shall be 60ft x 55ft x 20ft with a 1:12
> pitch roof. All other features are at the Contractor's discretion. The
> construction schedule shall identify the earliest date the Contractor
> can complete the building.
>
> **(b) [Time and Materials Task Order:]{.underline}** Requirement to
> pumping water into the Rio Grande from a conveyance channel and
> maintaining the pumps. The construction schedule shall identify the
> earliest date the Contractor can complete the work. The order shall
> require the following:

+--------------------------------------------+--------------+----------+
| > **[Work or Materials]{.underline}**      | > **         | > **[Uni |
|                                            | [Quantity]{. | t]{.unde |
|                                            | underline}** | rline}** |
+--------------------------------------------+--------------+----------+
| > Service Truck                            | > 750        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Semi-Truck & Lowboy trailer w/operator   | > 28         | > Hours  |
+--------------------------------------------+--------------+----------+
| > 3/4 Ton Pickup Company Truck             | > 330        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Welding Machine w/operator               | > 12         | > Hours  |
+--------------------------------------------+--------------+----------+
| > Utility Trailer - Non-tilt Deck 16\'     | > 16         | > Hours  |
+--------------------------------------------+--------------+----------+
| > Labor Group I                            | > 800        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Labor Group I -- Overtime                | > 270        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Superintendent                           | > 300        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Superintendent -- Overtime               | > 30         | > Hours  |
+--------------------------------------------+--------------+----------+
| > **[Work or Materials]{.underline}**      | > **         | > **[Uni |
|                                            | [Quantity]{. | t]{.unde |
|                                            | underline}** | rline}** |
+--------------------------------------------+--------------+----------+
| > Equipment Mechanic (Mod 003)             | > 60         | > Hours  |
+--------------------------------------------+--------------+----------+
| > Oiler                                    | > 740        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Oiler -- Overtime                        | > 75         | > Hours  |
+--------------------------------------------+--------------+----------+
| > Mechanic Truck                           | > 60         | > Hours  |
+--------------------------------------------+--------------+----------+
| > Equipment Operator, Group VIII           | > 175        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Equipment Operator, Group VIII -         | > 24         | > Hours  |
| > Overtime                                 |              |          |
+--------------------------------------------+--------------+----------+
| > Portable Light Plant                     | > 450        | > Hours  |
+--------------------------------------------+--------------+----------+
| > Portable Light Plant -- Standby          | > 900        | > Hours  |
+--------------------------------------------+--------------+----------+
| > 325 Caterpillar Track Hoe                | > 190        | > Hours  |
+--------------------------------------------+--------------+----------+
| > 426 Backhoe                              | > 145        | > Hours  |
+--------------------------------------------+--------------+----------+
| > 426 Backhoe Standby                      | > 45         | > Hours  |
+--------------------------------------------+--------------+----------+

> **(2) [Technical Approach]{.underline}**: Demonstrate in writing how
> Offeror plans to perform and accomplish work involving basic and
> standard construction requirements accordance with the SABER
> specification, Section J, Attachment (1). In addition, if various
> types of work are routinely subcontracted, e.g. electrical
> installation, identify the subcontractor(s) most frequently used, and
> their capabilities. Also, list equipment available for use, sometimes
> on short notice, in the performance of Task Orders. The listing should
> identify the source, e.g. owned, rented, etc. of the equipment.
>
> **(3) [Past Performance:]{.underline}** Using the Past Performance
> Questionnaire in Section J, Attachment (2), request evaluations from
> current and former customers for which you performed work within the
> last 5 years which is relevant and similar in scope and magnitude to
> the work described in the SABER specification under Section J,
> Attachment 1. Instruct respondents to send the completed
> questionnaires in accordance with the submission instructions within
> the questionnaire itself. All responses must be received by the
> closing date of the solicitation.

**F. *Pricing Section (Section III)*.**

> **1. *Format and Content*.** The offeror shall submit a filled out
> copy of Section B of the contract Schedule (Part I of this
> solicitation) with proposed coefficients for each contract line item
> (including any options). **Offerors are hereby notified that even
> though certified 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
> 15.804-6(a)(1).** Keep in mind the following information when
> developing the coefficients:

a.  Offerors may propose different coefficients for the base year and
    subsequent option years, but should be aware that increases to
    direct pre-priced costs will be considered through annual updates to
    the RS Means Facilities Construction Cost Data.

b.  The base price for Non-Standard items not found in Unit Price Book
    (before applying the coefficient) will be renegotiated each year.

c.  Failure to submit individual coefficients for line items under 0001,
    0101, 0201, 0301 and 0401 will result in a non-responsive proposal.

d.  The purpose for applying the coefficients to direct pre-priced cost
    from the Unit Price Book (UPB) is to compensate the contractor for
    all costs, and profit for performance.

e.  The offeror's coefficients (in decimal format) should contain
    applicable profit and burden costs such as design fees, bond
    premiums, insurance, computer system support costs, compliance with
    engineering services, environmental laws, permits, taxes, and any
    other cost associated with doing business.

f.  Offerors submitting separate coefficients for individual tasks will
    be considered unacceptable and the offer will be rejected.
    Coefficients of less than 1.00 may adversely affect risk rating.

g.  Additional cost for work (mileage, additional labor hours, per diem
    and lodging) shall be included in the proposed coefficients.
    Historically, most of the work has been in the area of Socorro, New
    Mexico.

> **2. *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.
>
> **3. *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.
>
> **4. *Rounding of Costs*.** All price or cost amounts proposed, if
> any, 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.
>
> **5. *Alternate Proposals*.** Alternate proposals will not be
> permitted nor evaluated in this solicitation.

+-----------------------------------------------------------------------+
| ## L.8 52.225-12.a1\-\--Notice of Buy American Act Requirement -- C   |
| onstruction Materials Under Trade Agreements - Alternate I (May 2002) |
+-----------------------------------------------------------------------+

*(a) Definitions*. "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 shall submit the request with its offer, including the
information and applicable supporting data required by paragraphs (c)
and (d) of FAR clause 52.225-11.

*(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
> 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 WBR 1452.233-82\-                                              |
| \--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 deliverable 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 implementation procedures are contained in the
Bureau of Reclamation \"Partnering\" guide book, that is available from
the contracting officer.

# SECTION M \-- Evaluation Factors for Award 

+-----------------------------------------------------------------------+
| #                                                                     |
| # M.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 solicitation provision may be accessed
electronically at this/these address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  WBR 1452.225-82   Notice of Trade Agreements Act           May 2005
                    Evaluations \-- Bureau of Reclamation    
  ----------------- ---------------------------------------- -------------

+-----------------------------------------------------------------------+
| ## M.2 52.217-05\-\--Evaluation Of Options (July 1990)                |
+-----------------------------------------------------------------------+

Except when it is determined in accordance with FAR 17.206(b) not to be
in the Government\'s best interests, the Government will evaluate offers
for award purposes by adding the total price for all options to the
total price for the basic requirement.

+-----------------------------------------------------------------------+
| ## M.3 WBR 1452.215-87\-\--Evaluation Factors for Award \-- Quality   |
| and Cost/Price Approximately Equal - Bureau of Reclamation (May 2005) |
+-----------------------------------------------------------------------+

**A. Basis of Award:** 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 without discussions, so offerors should provide their
best proposal from a technical and cost/price standpoint.]{.underline}**

**B. Best Value:** All evaluation factors other than price (listed in
this provision), when combined, are considered to be approximately equal
to cost or price. The relative importance to be placed on the evaluation
factors in relation to each other is contained in **paragraph E** of
this provision. 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 either a lower cost/price, lower-scored offeror or a higher-rated,
higher-cost/price offeror based on a rational tradeoff between
evaluation factors other than cost or price and cost or price**.** Since
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. Price Evaluation:** Pursuant to FAR 15.305, a cost or price
evaluation may be performed to determine the reasonableness of
costs/prices proposed and the offeror\'s understanding of, and ability
to perform, the prospective contract. See paragraph D, item 4 for
specific details.

**D. Evaluation Factors:** The following factors will be considered in
evaluating proposals and making the source selection:

> **1. Sample Task (Model SABER Project):** The Offeror's response to
> this factor will be evaluated with regard to demonstrating its ability
> to prepare a sample Task Order proposal in accordance with the SABER
> statement of work. Evaluation of the firm fixed price task order and
> the time and materials task order as related to the Sample Task
> described in Section L will be based on the following elements:
>
> **a. Proposed Construction Schedule:** Offeror's proposed schedule
> will be evaluated for the ability to identify all required activities
> of the Model SABER project as well as the ability to schedule the
> activities within the time proposed.
>
> **b. Estimate:** Offeror's estimate will be evaluated on its overall
> completeness of the pre-priced and/or non priced listings, as well as
> completion of the estimate based on the use of the R.S. Means Cost
> Data Books.
>
> **2. Technical Approach:** The Government will evaluate and rate this
> factor based upon the extent to which offeror understands how to plan
> for and execute the Government's SABER Specifications, including
> effective use and management of subcontractors; as well as the extent
> of its capability to access/obtain the type of equipment anticipated
> to be used in the performance of Task Orders.
>
> **3. Past Performance:** The Government will conduct an assessment of
> past performance based on the Past Performance Questionnaires it
> receives, as well as data independently obtained from other Government
> and commercial sources. Offerors will be given an opportunity to
> address adverse past performance information if the Offeror has not
> had a previous opportunity to review the rating.
>
> **4. Price:** The Offeror's response to this factor shall be evaluated
> on how well it complies to Section L pricing instructions, as follows:
>
> a\. Individual coefficients are proposed for line items under Base
> Year CLIN 0001 and for the following CLINs for each respective Option
> Year: 0101, 0201, 0301 and 0401.
>
> b\. Offeror declares in a written statement in the price section that
> the coefficients include applicable profit, burden costs such as
> design fees, bond premiums, insurance, computer system support costs,
> compliance with engineering services, environmental laws, permits,
> taxes, other costs associated with doing business, and any other
> additional costs for work, i.e., mileage, additional labor hours, per
> diem and lodging. If declaration is/are ambivalent or missing, it will
> adversely affect price factor evaluation rating.
>
> c\. Separate coefficients are **[NOT]{.underline}** proposed for
> individual tasks.
>
> d\. Cost Realism: Proposed coefficients are considered realistic and
> appropriate for the tasks to be performed. The following elements may
> lead to an adverse cost risk rating:
>
> \(1\) Proposed coefficients of less than 1.00.
>
> \(2\) Unreasonably high proposed coefficients.
>
> \(3\) Unbalanced proposed coefficients between the base and option
> years.

**E.** The relative importance of the factors listed in paragraph D of
this provision is as follows: The relative importance of all factors,
with the exception of price, to one another are that they are equal;
i.e., \[Sample Task = Technical Approach = Past Performance\]. Price is
equal in importance to the combined weight of all other factors, i.e.,
\[Price\] = \[Sample Task + Technical Approach + Past Performance\].

**F. Technical Ratings:** The following adjectival definitions will be
used in evaluating the technical factors and the technical section as a
whole:

+----------------+------+---------------------------------------------+
| "**            | *    | Very significantly exceeds most or all      |
| OUTSTANDING"** | *O** | 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"**   | *    | Fully meets all solicitation requirements   |
|                | *B** | 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.      |
+----------------+------+---------------------------------------------+
| **             | *    | Meets all solicitation requirements.        |
| "ACCEPTABLE"** | *A** | 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"** | *    | Less than "Acceptable." There are some      |
|                | *M** | deficiencies in the technical section.      |
|                |      | However, given the opportunity for          |
|                |      | discussions, the technical section has a    |
|                |      | reasonable chance of becoming at least      |
|                |      | "Acceptable." (Areas of a technical section |
|                |      | 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."                               |
+----------------+------+---------------------------------------------+
| **"U           | *    | Technical section has many deficiencies     |
| NACCEPTABLE"** | *U** | 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 section as a whole, the    |
|                |      | technical section 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).                |
+----------------+------+---------------------------------------------+

**G. Past Performance Ratings:** The following adjectival definitions
will be used in evaluating past performance:

  --------------------------------- --------------------------------------------------------
  **[NEUTRAL]{.underline}**:        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.

  **[OUTSTANDING]{.underline}**:    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]{.underline}**:         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]{.underline}**:   Some potential 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]{.underline}**:       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).
  --------------------------------- --------------------------------------------------------

> *(End of provision)*