amendment_attachment_conformed_0003.pdf

Performance Work Statement (PWS)

Hungry Horse Reservoir Debris Removal

11/01/2021

Version 1.0

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region

Vision Statement

1 Introduction

1.1 Mission

1.2 Background

1.3 Site Visit

2 General Requirements

2.1 Location and Hours of Work

3 Performance Requirements

3.1 Contractor meets with COR to complete Pre-work briefing

3.2 Contractor sets up equipment

3.3 Contractor to remove debris from trash racks and face of dam

3.4 Contractor to remove debris from bank areas

3.5 Contractor allows inspection of work by COR

3.6 Contractor meet with COR to sign exit documentation

4 Security and Safety

4.1 Security

4.2 Safety

4.3 Environmental Requirements

4.4 Quality

5 Deliverables

Performance Work Statement (PWS)

Vision Statement

Trash racks on the face of Hungry Horse Dam should be cleaned of debris to alleviate trash in penstocks and wicket gates.

1 Introduction

Reclamation has a need for debris removal for the Hungry Horse Field Office (Reservoir). The debris removal is to facilitate the removal of floating debris which principally consists of logs, snags, and slash from upriver logging, uprooted trees and brush from riverbank undercutting and miscellaneous floating debris and garbage. Contractor will be responsible for debris removal from the log boom to the face of the Dam, including both left and right shoreline to log boom.

Debris from the face of the dam and trash racks around generator inlets is also to be removed.

Debris from collection facility (Hungry Horse Reservoir) is to be removed and hauled to a designated site. This contract is for the collection and disposal of debris. This is a semi - annual debris collection over a five (5) year period.

1.1 Mission

All embankments, trash racks, and face of dam shall be cleaned of all floatable debris to alleviate problems in wicket gates and penstocks.

1.2 Background

Debris that builds up on the inlet trash racks can sometimes pass into the penstocks to the wicket gates for generators. This debris causes broken shear pins which in turn cause unit outages which removes the unit from operation. This causes problems with availability of power to the grid and river flows.

1.3 Site Visit

A site visit is scheduled for January 4th, at 1 pm, at the Hungry Horse Dam. Any contractor interested in attending the site visit shall register via email to Paula Gross at pgross@usbr.gov with the Company name, DUNS number, contact information and the name of the person who will be attending the site visit. If this information is not received by December 27th, 5 pm PST, attendance will not be allowed. While attendance is not mandatory, it is strongly recommended.

2 General Requirements

Performance of this contract will be in the area of the Hungry Horse Reservoir, Hungry Horse, MT, immediately adjacent to the upstream face of the dam. This will include the embankments on the North and South sides of the reservoir between the face of the dam and the safety log boom.

This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region mailto:pgross@usbr.gov

The period of this contract is from the date of award through March 30, 2027 with four, 1-year options not to extend the period of services. Option years are from April 1 through March 30 of the following year. The Contractor shall complete disposal of all collected debris from each disposal no later than 3 days of each debris removal unless an extension time is approved by the

Contracting Officer (CO) or the Contracting Officer's Representative (COR).

2.1 Location and Hours of Work

General location of work is in the Hungry Horse reservoir at the upstream face of Hungry Horse

Dam. Dump site provided by the Government is within half mile of the dam on main access road. Pre-work meetings will take place at the Hungry Horse Visitor's center (top of dam) at time decided by COR and contractor.

Regular hours of work for this contract are 0700-1630 Monday through Thursday. (All contractors and sub-contractors should be off-site by 1630 hours).

Usually, the Contractor should expect Spring run-off to begin from April - May with the possibility of work to begin at that time. Fall clean-up could begin in early September through mid to late October.

Specific dates and times for Spring and Fall debris removal will be coordinated between the

COR and contractor.

The Government makes no guarantees of water levels, river flows, the amount of debris, or the timetable for collection and disposal.

3 Performance Requirements

The following section specifies the Performance Objectives and Performance Elements for the contract.

3.1 Contractor meets with COR to complete Pre-work briefing.

Performance Standards

a) Standard: Contractor meets with COR at pre-determined time, location, and date for pre-work meeting.

AQL: 0% deviation from standard.

3.1.1 The Contractor shall provide JHA for approved contract work.

Performance Standards

a) Standard: Contractor meets with COR at pre-determined time, location, and date for pre-work meeting.

AQL: 0% Deviation from standard.

b) Standard: JHA must include Spill Control measures that mitigate any oil from leaking equipment reaching the reservoir. COR must be notified immediately in the event any oil reaches the reservoir.

AQL: 0% deviation from the standard.

c) Standard: Boat operation must follow all Coast Guard regulations.

AQL: 0% deviation from Standard

d) Standard: Contractor provides all required PPE per required OSHA and Coast Guard standards.

AQL: 0% deviation from standard.

Deliverables

A001 Job Hazard Analysis

3.1.2 The Contractor shall sign Special Work Permit prior to work.

a) Standard: Special Work Permit (SWP) must be generated by Government. Contractor and COR must sign SWP detailing any locked-out equipment prior to work beginning.

AQL: 0% deviation from Standard

3.2 Contractor sets up equipment.

Performance Standards

a) Standard: Contractor will set up equipment in approved area for removal of boat and debris. If equipment is needed on any part of the dam roadway, a Montana state certified flagger must be made available by the contractor to control traffic around the equipment work area. All

3.2.1 The Contractor shall set up equipment in approved area.

a) Standard: Contractor will set up equipment in approved area for removal of boat and debris. If equipment is needed on any part of the dam roadway, a Montana state certified flagger must be made available by the contractor to control traffic around the crane work area. All appropriate signs and flagging must be used.

3.2.2 The Contractor shall launch boat in reservoir.

a) Standard: Boat will be launched in safest manner possible depending on reservoir levels. Boat can be launched either by lowering into reservoir by equipment or at a safe point from a trailer from the embankment.

AQL: 0% deviation from the standard.

3.3 Contractor to remove debris from trash racks and face of dam.

3.3.1 The Contractor shall remove organic debris to government approved area.

Performance Standards

a) Standard: All organic debris will be moved to a designated area supplied by the government. Debris will be dumped so as not to block entrance and exit in the area. No non-organic material will be dumped in this area.

AQL: 0% deviation from the standard.

3.3.2 The Contractor shall ensure non-organic trash disposed of per local regulations.

Performance Standards

a) Standard: All non-organic trash will be removed by contractor to appropriate landfill or dump station per local regulations. Contractor bears responsibility for all trash removed from Hungry Horse Field Office. No non-organic trash removed is to be left on site of Hungry Horse Field Office.

AQL: 0% deviation from the standard.

3.4 Contractor to remove debris from bank areas.

3.4.1 The Contractor shall remove any non-growing organic floatable debris from bank area.

Performance Standards

a) Standard: Embankments inside the log boom must be cleaned of all floatable organic debris up to the existing water line. Any debris that is not currently rooted and could float on rising water must be removed. This includes but not limited to limbs, roots, stumps, and logs.

3.4.2 The Contractor shall remove any non-organic debris from bank area.

a) Standard: Contractor will remove all non-organic floatable trash from embankment areas inside the log boom to the face of the dam. This trash will be removed from water level to the existing high-water line. All non-organic trash will be removed from Hungry

Horse Field Office site per local regulations.

AQL: 0% deviation from the standard.

3.5 Contractor allows inspection of work by COR.

3.5.1 The Contractor shall contact COR for final inspection.

Performance Standards

a) Standard: Upon contractor completion of debris removal, and before leaving the

Hungry Horse Field Office Site, the contractor must notify COR for approval inspection.

Contractor will complete any additional debris removal as directed by COR per contract requirements.

3.6 Contractor meet with COR to sign exit documentation.

3.6.1 meet with COR to sign final Special Work Permits and Job Hazard Analysis as release for work completion.

Performance Standards

a) Standard: Upon completion of work and acceptance by COR, exit documentation must be signed by contractor and COR. These documents include the Job Hazard Analysis and

Special Work Permit. Any "Close calls" or future safety recommendations should be reported to the COR at this time.

AQL: 0% deviation from standard

4 Security and Safety

The contractor shall not require any employee to work in surroundings or conditions which are unsanitary, hazardous, or dangerous to health or safety. Contractor shall comply with the

Department of Labor and Health Regulations published under 29 CFR 1910 and 1926;

Occupational Safety and Health Act of 1970, or an approved State plan, pertinent Coast Guard

Regulations, and with the Bureau of Reclamation Safety and Health Standards, the more stringent provision prevails.

The Contactor shall: (1) have a safety program approved by the Contracting Officer prior to commencement of work; (2) provide for a "tool-box" safety meeting prior to commencement of debris removal each time, (3) have an accident prevention program in place. Such responsibilities shall apply to the Contractor's operations and sub-contractor operations. When safety or health violations are called to the Contractor's attention by the CO or the COR, the

Contractor shall immediately correct the condition to which attention has been directed. Such notice, either orally or in writing, when served on the Contractor or his representative shall be deemed sufficient.

The Contractor shall ensure, and document, that all employees are trained, capable, and demonstrate adequate knowledge of: marine activities, operation of the Government furnished equipment, operation of tools, equipment, safety and first aid, and techniques necessary to completely perform the work. In the acceptance or rejection of this work by the Government no allowance will be made for lack of skill of the personnel.

4.1 Security

Visitor Group Security Agreement. The contractor shall sign a Contractor Visitor Group Security

Agreement to protect classified information involved in performance under this contract. The

Agreement will outline responsibilities in the following areas: Contractor security supervision;

Standard Practice Procedures; access, accountability, storage, and transmission of classified material; marking requirements; security education; personnel security clearances; reports;

security checks; security guidance; emergency protection; protection of government resources;

periodic security reviews; and other responsibilities, as required.

4.2 Safety

Contractor Compliance: The contractor and its subcontractors shall comply with Public Law 91-

596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and

Occupational Health (ESOH) (DODD 4715.1E). These requirements shall be incorporated into the contractor's safety and health program.

Mishap Notification and Investigation: The contractor and its subcontractors (if applicable) shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation. The contractor shall notify (via telephone) the cognizant contracting officer, the contracting officer's representative, and/or other applicable members within four (4) hours of all mishaps or incidents.

The Government person notified by the contractor will in-turn notify the Safety office. If requested by the cognizant contracting officer, the contracting officer's representative, and/or the cognizant program manager, the contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the contractor and the subcontractors shall cooperate fully and assist the Government personnel until the investigation is completed.

The Contactor shall: (1) have a safety program approved by the Contracting Officer prior to commencement of work; (2) provide for a "tool-box" safety meeting prior to commencement of debris removal each time, (3) have an accident prevention program in place. Such responsibilities shall apply to the Contractor's operations and sub-contractor operations. When safety or health violations are called to the Contractor's attention by the CO or the COR, the

Contractor shall immediately correct the condition to which attention has been directed. Such notice, either orally or in writing, when served on the Contractor or his representative shall be deemed sufficient.

4.3 Environmental Requirements

The contractor is also cautioned that if critical runoff conditions should prevail in the South Fork

River, drawdown of the reservoir at an unusually low level could be necessary creating conditions adversely affecting boat operation safety.

Disposal methods must be in compliance with environmental regulations.

Contractor shall remove contaminates such as, but not limited to, plastics (e.g., pop bottles, miscellaneous containers), metals (e.g., drums, tire wheels), paper (e.g., garbage, wrappers), and painted and/or treated wood (e.g., soaked in a wood preservative). This will be the Contractors responsibility to dispose of properly. Debris shall be disposed of by the Contractor. All material suitable for disposal becomes the property of the Contractor. All debris shall be removed to designated disposal area. All untreated/uncontaminated wood debris shall be disposed of in a manner pre-approved by the Government.

For material unsuited for recycling, disposal shall be via landfill. All material not suitable for recycling shall be disposed of in accordance with the appropriate federal, state, and local regulations. COR shall direct appropriate disposal through and/or with the concurrence of

Government Hazardous Material Certified personnel. Therefore, the Contractor shall not include hazardous waste disposal in the Supplies or Services and Price/Costs.

4.4 Quality

This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.

4.4.1 Quality Control

The Contractor shall develop a Quality Control Plan (QCP) and maintain an effective quality control program to ensure services are performed in accordance with this PWS.

The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which he assures himself that his work complies with the requirement of the contract.

The finalized QCP will be accepted by the Government within 10 days of receipt. The

Contracting Officer may notify the Contractor of required modifications to the plan prior to acceptance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Government's review and approval. The Government may find the QCP

"unacceptable" whenever the Contractor's procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

4.4.2 Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractor's performance under this award in accordance with the Government's QASP.

5.0 Deliverables

The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be outlined in CDRLs and/or other means TBD.

Number Name Frequency Quantity

Job Hazard Analysis

Insurance Certificate

Safety Plan

Quality Control Plan

Per event

Once, submitted to CO prior to performance

Once, submitted to COR 30 days after award

Once, submitted to CO and

COR 10 days after award

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

---Addendum to 52.212-4---

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far

Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.217-8 OPTION TO EXTEND SERVICES (NOV 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 30 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years 6 months.

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region http://www.acquisition.gov/far http://www.acquisition.gov/diar

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

DOI-AAAP-0028 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 Items 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: N/A

The Contractor shall also submit an electronic copy of the IPP invoice to

PGROSS@USBR.GOV once the invoice has been submitted to IPP. Failure to email the invoice

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region http://www.ipp.gov/ mailto:PGROSS@USBR.GOV may cause significant delay or possible rejection of your payment request.

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

IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of Local Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the

COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the

Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting

Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting

Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the

Contracting Officer is authorized to determine if a change is within the scope of the contract;

therefore, the COR does not have the authority to, and may not, issue any technical direction that

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the

COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the

Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting

Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region mailto:IPPCustomerSupport@fiscal.treasury.gov technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled

"Disputes."

WBR 1452.223-81 Safety and Health -- Bureau of Reclamation (AUG 2021)

(a) The Contractor shall not require any person employed in the performance of this contract

(including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation

Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the

Accident Prevention Clause (FAR 52.236-13 ).

The RSHS manual shall be obtained at http://www.usbr.gov/ssle/safety/RSHS/rshs.html"

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR

Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail.

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(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 accordance with the RSHS and OSHA guidelines.

(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) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of

RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION

(FEB 2017)

(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, vessel exclusion barriers, 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

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region https://www.acquisition.gov/far/part-52#FAR_52_236_13 http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.osha.gov/ 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 sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

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

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge.

(Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

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

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the

Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the

COR and DOI Access Sponsor 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.

For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/ representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting

Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor

(or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with

Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

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

(13) These security requirements apply to all sections of this Contract including Contract

Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including

FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of

Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or

CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by

Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government- furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the

140R1722Q0007 - HH Debris Disposal Amendment 00003 BOR, Columbia Pacific Northwest Region http://www.usbr.gov/recman/DandS.html#sle contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO. Prohibited dissemination or disclosure includes, but is not limited to:

permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained

(for example, film, tape, document, electronic), pertaining to any part of this contract or any

Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of

Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified

National Security Information (December 29, 2009), Section 1.1.(c) states, 'Classified

Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.' Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:

(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the

Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to

Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated

February 28, 2006 (incorporating change 2 dated May 18, 2016). \

(vi) Classified information shall not be removed from official premises.

(vii) Classified information shall not be disclosed without proper authorization.

(c) Contractor Employee Suitability and Issuance of Government Identification Cards:

(1) Performance of this contract requires Contractor personnel to have a Federal

Government-issued HSPD-12/FIPS-201-1 compliant Personal Identification Verification Card

(PIV Card) before being allowed unsupervised access to a Federally-controlled facility or information system. An active PIV Card issued by another Federal Government agency will be accepted by Reclamation if the associated background investigation is sufficient for the work and access to facilities and information systems required under this contract, as determined solely by

Reclamation. Physical access means routine, unescorted or unmonitored access to non-public areas of a Federally- controlled facility. Logical access means routine, unsupervised access to a

Level 3 or 4 Federally controlled information system.

(2) At the Government’s sole discretion, the Government may issue a temporary identification card or visitor identification badge, in lieu of a PIV Card, under one of the following conditions:

(i) The individual will only be associated with Reclamation for a period of 180 days or less, will not have access to sensitive information, and any access to a sensitive area or

Federal- controlled information systems will be fully supervised. The 180 calendar day period begins on the first day of the individual’s affiliation with Reclamation (in this case, the date that the individual’s contract performance begins) and ends exactly 180 days later, regardless of the number of times the individual actually accesses a Government facility or information system.

(ii) The individual will only have sporadic access to Federal facilities and information systems; will not have access to sensitive information; and, any access to a sensitive area or Federal- controlled information system will be fully supervised.

(iii) The individual will work exclusively outdoors, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information system will be fully supervised.

(iv) In paragraphs (i) through (iii), supervised access means the individual’s access to, and movement within, a facility is monitored and controlled sufficiently to prevent access to any unauthorized areas, equipment, or information; and the individual’s access to an information system is monitored and controlled sufficiently to ensure appropriate use of the system and information, and to prevent access to any unauthorized systems or information. Supervision must be performed by an individual with an active Government- issued PIV Card.

(3) The Contractor shall furnish to the COR an alphabetical list of contract personnel, to include subcontractors, who will require access to a Government facility or information system.

The list shall provide the full name, social security number, date of birth, place of birth, purpose or job title, and the estimated duration of access. If the Contractor believes an individual should be issued a temporary identification card or visitor identification badge in lieu of a PIV Card based on the conditions in paragraph (4), then the Contractor must also submit a sufficient written justification as to why the specific individual or individuals will not need a PIV Card.

The Contractor shall provide this information before the start of contract performance, or before the start of an individual’s performance when there is a change or addition of personnel, with sufficient time to ensure that performance is not delayed by compliance with credentialing processes.

(4) Any contract employees that will be issued a temporary identification card or visitor identification badge, in lieu of a PIV Card, at the Government’s sole discretion, will be subject to the following credentialing procedures: ALL CONTRACTOR EMPLOYEES SHALL HAVE

VALID GOVERNMENT ISSUED PICTURE IDENTIFICATION.

(5) Any contract employees that will be issued a PIV Card will be subject to the following credentialing procedures:

(i) The Government will initiate the e-Qip electronic background investigation process, and give the Contractor instructions for completing the background investigation and

PIV Card process. As part of the PIV Card process, each Contractor employee shall be required to appear in person at a Government PIV Enrollment Station to have personal identity verification documents verified, have a photograph taken, be fingerprinted, and to pick up and activate the PIV Card when completed. The Contractor must make its personnel available at the place and time specified by the COR in order to initiate this process.

(ii) At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require (insert as appropriate physical and/or logical) access for performance of work under this contract. The Contractor must make their personnel available at the place and time specified by the COR or DOI Access Card

Sponsor in order to initiate screening and background investigations. The following electronic forms, or their equivalent, shall be used to initiate the credentialing process:

(a) OPM Standard Form 85 or 85P

(b) OF 306

(c) Release to…