Sol_140L4324Q0152.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR STATE OFC PROC MGMT-OR952

0004276554 CODE 16. ADMINISTERED BYCODE

X

X

X

336212

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLHA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/07/2024 1700 PD

07/24/2024

5038086066Destinee Croom (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4324Q0152

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 57 0040662033OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

LAKEVIEW OR 97630

1301 SOUTH G STREET

BLM-OR LAKEVIEW DISTRICT OFFICE*

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM OR-ST OFC PROC MGMT BR(OR952)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Water Tender, Lakeview District Period of Performance: 08/15/2024 to 05/30/2025

00010 AO 22701 Betterment- Water Tender 1 EA Product/Service Code: 2320 Product/Service Description: TRUCKS AND TRUCK

TRACTORS, WHEELED

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Matthew Duane

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

57 2 of

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 3 of 55

SUPPLIES AND PRICES

This requirement is for one (1) Firm Fixed Price Commercial Item Supply Contract for the fabrication and installation of a 4000 gal approx. tank and related equipment to (1) cab and chassis. Completed Water Truck will be used for watering roads/Some prescribed fire/weed washing for the Lakeview district in Lakeview, Oregon.

Item No. Description Est. Qty. Unit Unit Price Total Amount

1 CONSTRUCT AND

INSTALL

MODEL#P430GSGR

TANKER

1 EA

2 UPGRADE TO 04E1-GA

GORMAN RUPP SELF

PRIMING WATER PUMP

1 EA

3 INSTALL 580 PINTLE

HITCH ON REAR OF UNIT

1 EA

GRAND TOTAL

* Delivery Address: 1301 S G street Lakeview, OR 97630

(End of Supplies and Prices Section)

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 4 of 55

STATEMENT OF WORK

C.1.0 GENERAL –

The BLM Lakeview Oregon District require the fabrication and installation of 4000 gal approx. and related equipment to (1) cab and chassis. Completed Water Truck will be used for watering roads/Some prescribed fire/weed washing for the Lakeview district. Truck will also be used to tow tilt bed with equipment on when needed.

C.1.1 DESCRIPTION –

Contractor shall supply all parts, materials, labor, supplies, fluids, shipping, and disposal fees necessary to complete the work, as described below.

C.1.2 TRANSPORTATION AND DELIVERY OF EQUIPMENT –

Transport of the trucks to and from the contractor’s facility shall be provided by the BLM up to 225 miles one-way from BLM Lakeview District Office (1301 S G street Lakeview Or 97630). The contractor shall provide transport distances more than 225 miles. For transportation more than 225 miles trucks shall not be driven but shall be transported via flatbed truck/trailer or similar transportation met/.

C.1.3 SUBMITTALS –

Submit the following and receive approval in writing prior to performing the work:

· Shop drawings of the Water tank and attachments/Plumbing.

· Make and model of proposed, Hot- shift PTO, as well as the Self-priming pump with specs

· Shop drawings of any proposed bolt on appendages to the frame including, but not limited to the Hose reel, Fender/hose reels / Minimum 45 Ton air actuated pintle Hitch/ Trailer supply glad hands and Proper wiring, etc.

C.1.4 DEFINITIONS & APPLICABLE STANDARDS –

All work and materials shall comply with the following standards:

· All work shall be completed in a skillful manner and to all applicable industry standards.

· All work shall comply with Federal Standard 794AM/807AB

· All welding shall comply with the most current American Welding Society (AWS) Standard Welding Procedures & Specifications (SWPS).

C.1.5 All wiring shall comply with Federal Motor Carrier Safety Regulations 393.28.

• All electrical circuits installed by water tank builder shall be isolated from the truck chassis with a continuous duty solenoid and blade type fuses or circuit breakers.

• Wiring harness for lighting shall be Truck Lite 50 or equivalent sealed harness.

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 5 of 55

• Truck Lite LED 60 series or equivalent stop, tail, tum lights, and LED markers shall be installed in the rear of truck/Tank.

• A backup alarm shall be provided which provides an audible warning whenever the ignition switch is on, and the vehicle transmission control is in reverse. The alarm shall automatically adjust to ambient noise levels and shall conform to SAE (Society of Automotive Engineers) J994.

• Wiring shall be stranded copper. Aluminum wire is not acceptable.

• Wiring for lighting on body shall be no smaller than 14 gauge.

• Wiring shall be routed to minimize exposure to tire throw-off.

• Wires shall not be routed closer than 6 inches from heat sources.

• Wires shall be installed/routed to prevent contact with moving parts.

• Wires shall be protected from sharp edges.

• Self-stripping wiring connectors (scotch locks) shall not be used.

• Lighting and reflectors shall comply with FMVSS 108.

C2.0 Tank construction Requirements

Shall be a 4000 gal (approx.) Elliptical standard profile tank all welded construction entire tank shall be welded inside and out Heads shall be dished Minimum of 4”

Sub frame shall be ¼’ steel with cross members with rubber pads installed on skid mounts

Tank mounts include, all tie down brackets, Springs, Nuts, bolts, brackets, hardware to properly secure tank

Entire Tank Welded Inside and Out

Front and Rear Heads Dished 4"

3/16" Heads and Baffles (Baffled With 22 min " Crawl Holes) baffles meet (NFPA) requirements for installation

1/4" Steel Subframe with Cross Members supported to tank

Rear Anti-Skid Ladder to top and catwalk rails

2.5" Hydrant Fill to Top of Manway with Components

30"X30” Manhole with lid (lid and latch must be included and installed)

2- tank level sight tubes on front and rear of tank. Installed with all hardware to view tank water level

4” Butterfly valve Dump Valve located off rear of tank, Manual and installed

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 6 of 55

2.5” legal load valve installed on tank and plumbed into tank with valve and all hardware installed

Tank Outside shall be prepped / Primmed and painted white

Interior of tank shall be prepped, and Interior epoxy coating applied to entire inside of tank and baffles

C2.1 PTO and pump requirements

Pump Gorman-Rupp Model 04E 4X4” size or Equivalent self-priming pump powered by Air shift, Clutch model transmission mounted HOTSHIFT PTO installed with all hardware/Driveline/ Yoke/Misc hardware installed and must be geared for compatible Engine and pump speeds during driving/pump operation. Driveline to be a Spicer #1310 assembly or Equivalent.

Pump capable at least 650 GPM

Water pump equipped with Self-loading system/ Drafting system installed mid truck behind cab on drivers side, With 20ft of 3” rubber suction hose Strainer/Foot valve assemblies, Hose equip[ped with cam lock connections, and storage for the hose supplied as well

C2.2 Spray heads and controls front and rear

2- Each front mounted spray head nozzles 2 each rear mounted spray nozzles (includes all : Valves, spray heads, Air fittings, Airline, Pipe, Pipe fittings, Plumbing fittings and Misc. hardware) These will be controlled with ON/Off switch Electric over air controls located in cab console. Front spray heads shall be individually controlled with own switches. 2” plumbing to each individual head.

C2.3 Hose Reel and side discharge

A Live hose reel with accommodations for 1 ½” 50’ hard rubber hose, Mounted right side (passenger side) mid truck just behind cab, Water flow to hose reel must have valve/switch at hose reel to turn on and off Hose reel to be a Reelcraft (or equivalent) with hand crank rewind, 200 psi Rubber hose and nozzle supplied and installed on the reel.

C2.4 Discharge Valves

A 2 ½” Brass Male NST discharge fitting installed on truck, with Valve for the purpose of water transfer or to use on a flat lay hose

There should also be 2 “1” on each side of Vehicle a 1 ½” live discharge fitting installed on truck with valve for hooking up 1 ½” flat lay hose

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 7 of 55

C2.5 12v D.O.T lighting system installed

All running light shall be L.E.D style rubber mounted lamps, also include Marker lights License plate light all brackets and Misc. supplied and mounted.

See C1.5 for wire specifications and mounting

L.E.D work light installed (4) 4 rubber mounted LED flood lights 2 located at rear of tank 1 located at Left side (drivers side) behind cab above the self-loading/Draft location and one located Right side (passenger) behind cab over the Hose reel . Switches for each light installed in the control console located in the cab

1 Beacon L.E.D flashing light installed on top of tank Amber in Color installed and wired to Console

C2.6 Control Console assembly/ Installed

The control console shall be constructed and mounted Between the seats inside the cab for driver control and be painted, Console will need to have water pressure gauge, and all necessary Electric/over air valve switches installed and labeled. Throttle controls labeled, PTO Hot shift control, All work light switches, spray nozzle switches, installed and labeled

C2.7 Draft Hose and storage

The truck will have Minimum of 20’ (feet) of 3” Hard rubber suction Hose (With Strainer/Foot valve and Cam locks) installed for connection.

There needs to Be proper Storage for the Suction hose to accommodate a Minimum of 20 Feet Suction hose 3”

C2.7 Fenders

Fender system shall be installed on Both sides, Covering the complete dual drive area with Mud flaps installed, Painted and or Gel coated finish on them.

C2.8 Pintle Hitch /Air lines/Trailer wiring Installed on Chassis

Fabricate and install a hitch plate, with pintle hitch, capable of pulling 75,000lb gross trailer weight

• The pintle hitch shall be air cushioned, Premier Model 370A-281B or equivalent.

• Hitch height shall be 24”

• Pintle hitch cushion shall be plumbed to charge when trailer brakes are charged.

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 8 of 55

• (1) D-ring shall be installed on each side of the hitch, at a level lower than the hitch for the purpose of attaching trailer safety chains. The D-Rings shall be 1” and attached so that they are capable of transferring the working load limit of the ring to the truck frame.

• Glad hand air connections and female trailer electrical sockets shall be installed near the hitch and recessed to prevent damage.

• Airline shall be plumbed to activate air cushion hitch when OEM (Original Equipment Manufacturer) tractor protection valve is charged.

C.2.9 Air system installation shall conform with the following standards:

• All air hoses shall be DOT approved.

• The bend radius of airlines shall be not less than the manufacturer's recommended minimum.

• Airlines shall be installed/routed to prevent contact with moving parts.

• Airlines shall not be routed through holes or across sharp edges without protection from being chafed or cut.

• Airlines shall be adequately clamped or tied to supporting structures.

• Airlines shall be routed so that low points are minimized.

• Hoses shall be of sufficient length to prevent stretching, distortion, or disconnecting.

C.2.10 The following standards of workmanship shall be met:

• The Water Tank and other fabricated components shall have good welds. A good weld will have proper penetration and be relatively uniform in appearance.

• Excessive distortion of assembled parts in not acceptable.

• All welds shall conform to or exceed American Welding Society Standards and shall provide a metal-to-metal bond, with adequate penetration using proper flux and or welding materials.

• Down hand welds are not recommended for ten gauge or thicker material. If down hand welds are used, they shall have proper penetration.

• Some characteristics of an unacceptable weld are as follows: cracks, undercut, overlap, excessive splatter, slag entrapment, inadequate penetration, excessive distortion, blowholes, and inclusions, excessive porosity, concave or convex.

C2.11 Plumbing

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 9 of 55

All plumbing entries to be constructed of Min Schedule 40 black pipe Welded fittings, fitted with welded collars Plumbing to be assembled using couplers with rubber gaskets at locations so that the it may be removed from chassis.

C3.0 WARRANTY –

Contractor will provide a one-year warranty on all parts and labor and pass on to the Government any manufacturer extended warranty if beyond one-year for parts. The contractor shall have Service/Maintenance support within 225 miles of the BLM Lakeview District Office (1301 S. G Street Lakeview Oregon 97630 ).

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 10 of 55

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

Contractor shall notify the Government in writing when installations have been completed and the Water truck is ready for inspection. Government shall complete an inspection within five (5) business days of receiving notice and either accept the work as performed or furnish the contractor with a punch list of items needing to be performed or re-worked.

(End of Inspection and Acceptance)

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 11 of 55

DELIVERIES OR PERFORMANCE

The following clauses are incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

Contractors shall submit estimated calendar date for work completion. Completion of the truck shall be within 180 calendar days of delivery of the cab and chassis to the Contractor’s facility.

Delivery Address: 1301 S G street Lakeview, OR 97630

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 12 of 55

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

https://www.cpars.gov/ http://www.cpars.csd.disa.milj/ https://www.cpars.gov/ http://www.cpars.csd.disa.mil/

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 13 of 55

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

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

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoice billed according to contract line items and rates

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 14 of 55

SPECIAL CONTRACT REQUIREMENTS

H.1.0 ACCESS

In the event of a site/facility closure, the Contractor shall not make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

(End of Special Contract Requirements)

BETTERMENT PACKAGE - WATER TANK SOLICITATION NO. 140L4324Q0152

BLM LAKEVIEW DISTRICT, OREGON Page 15 of 55

CONTRACT CLAUSES

The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.211-17 DELIVERY OF EXCESS QUANTITIES SEP 1989

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES AND

EQUIPMENT EXCEEDING $15,000

MAY 2014

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

MAR 2023

52.247-34 F.O.B. DESTINATION NOV 1991

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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(End of clause)

52.212-4 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7)) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note))

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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__ (3) 52.203-15,…