140R2021Q0072 Combo SS_Shasta TCD Curtain Deployment_Attchs.pdf
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- Attached to
- Shasta Temperature Control Device Water Barrier Cu Federal contract opportunity
- Solicitation number
- 140R2021Q0072
About this file
This combined synopsis/solicitation requests quotes for diving services related to temperature control device water barrier curtains at Shasta Dam in California. The Bureau of Reclamation intends to award a firm-fixed price purchase order with a base year and four option years. Quotes are due by May 11, 2021 and shall be emailed to the point of contact. The requirement is set aside for small businesses with a size standard of $12 million. The contractor shall provide labor, equipment, and materials to deploy and stow temperature control device barrier curtains according to the performance work statement during the period of performance.
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COMBINED SYNOPSIS/SOLICITATION
140R2021Q0072
Shasta Temperature Control Device Water Barrier Curtains Deployment and Stowage
Contracting Office:
Bureau of Reclamation Interior Region 10 • California-Great Basin
Acquisitions and Services Division Supply and Services Branch
Sacramento CA 95825
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR parts 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm-Fixed Price Purchase Order for services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, as of March 10, 2021.
This requirement is being solicited as a small business set-aside and will be awarded on a best value basis in accordance with Part
FAR 13.
GENERAL INFORMATION
RFQ Number: 140R2021Q0072
Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)
North American Industry Classification Code (NAICS): 561990 Size Standard: $12 Million
Competition: 100% SMALL BUSINESS SET-ASIDE
QUOTES DUE: May 11, 2021 at 5:00 PM Eastern Time
EMAIL TO: mphan@usbr.gov
Offeror’s Business Information:
Business Name: _______________________________
DUNS Number/Cage Code: ______________________
Tax ID Number: _______________________________
Business Size (select one): Large Small
Authorized Agent’s Signature/Date:
QUOTE/PRICING SCHEDULE
mailto:mphan@usbr.gov
CLIN
No.
Description Qty Unit of Issue
Unit Price
Total Price
0000 Contractor shall provide all management, personnel, supervision, labor, materials, transportation, and other items necessary to perform diving services in accordance with the Performance Work Statement (PWS).
00010 Base Year: Installation of TCD service as represented in the Performance Work Statement POP: June 1, 2021-May 31, 2022
Per Day $ $
Base Year: Mobilization as represented in the Performance Work Statement POP: June 1, 2021-May 31, 2022
1 LS $ $
Base Year: Storage of TCD as represented in the Performance Work Statement POP: June 1, 2021-May 31, 2022
Per Day $ $
Base Year: De-mobilization as represented in the Performance Work Statement POP: June 1, 2021-May 31, 2022
1 LS $ $
Subtotal for Base Year $ 00020 Option Year 1: Installation as represented in the Performance Work Statement POP: June 1, 2022-May 31, 2023
Per Day $ $
Option Year 1: Mobilization as represented in the Performance Work Statement POP: June 1, 2022-May 31, 2023
1 LS $ $
Option Year 1: Storage of TCD as represented in the Performance Work Statement POP: June 1, 2022-May 31, 2023
Per Day $ $
Option Year 1: De-mobilization as represented in the Performance Work Statement POP: June 1, 2022-May 31, 2023
1 LS $ $
Subtotal for Option Year 1 $ 00030 Option Year 2: Installation as represented in the Performance Work Statement POP: June 1, 2023-May 31, 2024
Per Day $ $
Option Year 2: Mobilization as represented in the Performance Work Statement POP: June 1, 2023-May 31, 2024
1 LS $ $
Option Year 2: Storage of TCD as represented in the Performance Work Statement POP: June 1, 2023-May 31, 2024
Per Day $ $
Option Year 2: De-mobilization as represented in the Performance Work Statement POP: June 1, 2023-May 31, 2024
1 LS $ $
Subtotal for Option Year 2 $ 00040 Option Year 3: Installation as represented in the Performance Work Statement POP: June 1, 2024-May 31, 2025
Per Day $ $
Option Year 3: Mobilization as represented in the Performance Work Statement
1 LS $ $
POP: June 1, 2024-May 31, 2025 Option Year 3: Storage of TCD as represented in the Performance Work Statement POP: June 1, 2024-May 31, 2025
Per Day $ $
Option Year 3: De-mobilization as represented in the Performance Work Statement POP: June 1, 2024-May 31, 2025
1 LS $ $
Subtotal for Option Year 3 $ 00050 Option Year 4: Installation as represented in the Performance Work Statement POP: June 1, 2025-May 31, 2026
Per Day $ $
Option Year 4: Mobilization as represented in the Performance Work Statement POP: June 1, 2025-May 31, 2026
1 LS $ $
Option Year 4: Storage of TCD as represented in the Performance Work Statement POP: June 1, 2025-May 31, 2026
Per Day $ $
Option Year 4: De-mobilization as represented in the Performance Work Statement POP: June 1, 2025-May 31, 2026
1 LS $ $
Subtotal for Option Year 4 $
Total Proposed Price $
Performance Work Statement Shasta Temperature Control Device
Water Barrier Curtains Deployment and Stowage
PART 1 GENERAL
1.01 BACKGROUND
A. The temperature control device (TCD) is a steel structure attached to the upstream face of Shasta Dam. The device encloses all five power penstock intakes and permits selective level withdrawal of reservoir water. High level withdrawal is controlled by the 250 ft-wide by 300 ft-high shutter structure. Three gated openings (Upper Gate, Middle Gate and Pressure Relief Gate) with trashracks allow selection of the reservoir withdrawal level.
The TCD has been in operation since December 1996.
B. The TCD at Shasta Lake is the means for cooler water to enter the Sacramento River and decrease the mortality rate of protected salmonid species. However, the long-term drought outlook in California threatens the cold water supply within Shasta Reservoir necessary for species survival. It was found that during drought conditions, the TCD leaks warmer water through smaller openings when the lake level is at lower elevations. To prevent warm water leakage, Reclamation purchased curtains to cover leak-prone areas. Previous curtain deployments were effective in allowing cooler water into the TCD. The curtains were last deployed in September 2020, then removed and stowed in December 2020. An inspection of the curtains at that time showed them to be in good condition.
1.02 SCOPE
A. In Summer or early Fall and when directed by the Government, provide diving services to deploy the TCD water curtains from their current rolled-up positions at approximate 956 ft elevation level and secure them below the Middle Gate trashracks for Units 1 through 5, at approximate 900 ft elevation level. Return the curtains to their rolled-up positions when the lake water temperature becomes cooler, typically by the following December.
Report any damage to curtains to the COR.
Gaps approximately 2-foot wide exist between main curtains and on the edges of the outer main curtains. These gaps are covered by narrow, full length supplemental curtains. Ten supplemental curtains must be deployed with the main curtains. The supplemental curtains are rolled-up and stowed on land at the West dam abutment.
Additional curtain fabric is available for chafing protection. Return supplemental curtains to their original position when stowing the curtains.
1.03 OBJECTIVE
A. The objective is to deploy the five main curtains and ten supplemental curtains to minimize leakage of warm water into the TCD shutter structure during transition from Pressure Relief Gate operation to Side Gate operation.
1.04 LOCATION
A. Work is located at Shasta Dam, approximately 13 miles north of Redding, California in Shasta County.
B. The TCD is located on the upstream face of Shasta Dam.
1.05 RESERVOIR CONDITIONS AND TCD OPERATIONS
A. The government will provide forecast Shasta Lake water surface elevations to the contractor no later than 2 weeks prior to curtain deployment.
B. All Middle Gates will be in the closed position.
C. All TCD gate operations will be performed by the Government. TCD gates will be operated to keep velocities in the work area to below 1 foot/sec during times of underwater work.
1.06 DOCUMENTATION
A. TCD general arrangement drawings are shown in Attachment 1 to this Performance Work Statement.
1.07 TYPE OF CONTRACT
A. The government intends to award a Firm Fixed Price Contract.
1.08 PERIOD OF PERFORMANCE
A. The period of performance shall be for one (1) Base Year and four (4) option years. The Period of Performance reads as follows:
Base Year June 1, 2021 through May 31, 2022 Option Year I June 1, 2022 through May 31, 2023 Option Year II June 1, 2023 through May 31, 2024 Option Year III June 1, 2024 through May 31, 2025 Option Year IV June 1, 2025 through May 31, 2026
PART 2 TECHNICAL REQUIREMENTS
2.01 WORK TO BE PERFORMED
A. Deploy five main water barrier curtains from approximate elevation 956 to below elevation 900 on TCD Unit 1 through 5 barriers panels and Middle Gate trashracks. Deploy ten supplemental curtains to cover gaps between and around the main curtains. Deploy additional curtain fabric should main or supplemental curtains show signs of chafing.
B. Contractor shall provide all labor, tools, special tools, watercraft, hoisting equipment, safety equipment, video and photographic equipment and consumable materials required to complete the work.
C. Return all curtains to their original stowed positions when water temperatures allow and when directed by the
COR. Contractor will be given a minimum of one week notice.
D. The contractor shall provide video and photographic evidence to the COR that shows the curtains in the deployed condition at each Unit 1 through 5. Detailed evidence of the securing method to the bottom of the Middle Gate shall be included. Video and photographic evidence shall show the curtains in the rolled-up condition after the curtains are stowed.
E. The contractor shall provide a written narrative report of the condition of the curtains following each deployment and stowage operation. Include in the report damage to the curtains or any condition that affects or prevents re-deployment.
2.02 PRODUCTS
A. 3-inch cargo straps with metal ratchets are used to secure the main curtains in their stowed positions. If these straps are unusable or the ratchet mechanisms inoperable, replace them in kind.
B. Provide temporary securing devices when deploying and dispose them when stowing. Main curtains can be secured in their deployed condition with cotton or synthetic line. Supplemental curtains can be secured in the deployed position with zip ties.
2.03 FABRICATION
A. None.
PART 3 OTHER REQUIREMENTS
3.00 SITE CONDITIONS
A. Electric power, compressed air and non-potable water are not available for use by the Contractor.
B. The recommended deployment location is the Centimudi boat ramp, approximately 0.75 miles ESE of the TCD.
The contractor is responsible for U.S. Forest Service daily use passes to use the boat ramp and adjacent facilities.
3.01 DISPOSAL OF MATERIALS
A. Removal and disposal of waste products generated during the course of performing the work is the responsibility of the Contractor.
3.02 SAFETY
A. Work shall be performed safely and in accordance with Reclamation Safety and Health Standards (RSHS).
B. Submit Safety Program to Government for approval prior to mobilizing on site.
a. Follow the contractor safety program outline in Appendix B of RSHS.
C. Contractor shall follow Government’s lockout/tagout procedures.
a. No underwater work is permitted above or adjacent to an operating generation unit.
b. Notify COR 30 days in advance for a generating unit outage.
3.03 SECURITY
A. Shasta Dam is a secured government facility with public access. Contractor shall provide the names and photo identification (driver’s license) of personnel performing the work in order to obtain a contractor badge to access the site.
3.04 SCHEDULE AND WORKING HOURS
A. Normal working hours are 7:30 AM to 4:00 PM, Monday through Friday.
B. No work is to be performed during recognized Federal holidays.
Federally recognized holidays include:
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Christmas Eve
C. Actual start date to deploy the curtains to be coordinated with the government after award of contract.
D. Curtains are stowed when the cold water pool in Shasta Reservoir returns to normal conditions. This can occur in
December or later. The exact date to return deployed curtains to their stowed position shall be coordinated by the COR in consultation with the contractor.
PART 4 STANDARDS FOR PERFORMANCE
4.00 QUALITY ASSURANCE SURVIELLANCE PLAN
This Quality Assurance Surveillance Plan (QASP) is intended to establish guidelines that shall be used to determine to what level of success/completion the Contractor has achieved in executing the work.
The Quality Assurance Surveillance Plan is one evaluation method the Government uses to determine whether the Contractor meets the standards of performance defined in the PWS.
During the course of the evaluation period, the COR will track the Contractor performance. At the end of the period, the COR will rate the Contractor’s performance in accordance with this QASP and report to the Contracting Officer.
The Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted no later than 5 working days after the end of the evaluation period. The self-assessment shall address both the strengths and weaknesses of the Contractor’s performance during the evaluation period. Where deficiencies had been noted in the Contractor’s self-assessment, a description of the actions taken during the evaluation period to correct such deficiencies should be included for the COR to consider.
The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment when reporting to the Contracting Officer. The Contractor will be provided a draft copy of the COR’s evaluation of the Contractor’s performance and will be afforded the opportunity to identify factual errors. The COR report is not subject to negotiations and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in the final report. The Contractor will be provided a copy of the final report as submitted to the Contracting Officer.
The Contracting Officer will make the final determination in writing as to the percentage of work successfully completed and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 30 calendar days after the end of the evaluation period. All Contracting Officer decisions regarding payment re-calculations are unilateral decisions made solely as the discretion of the Government.
Notwithstanding any other clause of this contract, payment re-calculations will be made within 30 days after receipt of an approved invoice.
4.01 SUMMARY OF PERFORMANCE REQUIREMENTS
Performance Requirement Acceptable Quality Level Method of Surveillance
Payment Recalculation
1. Curtain Deployments.
2. Curtains Returned to Stowed Condition
3. Video and photo documentation of deployed curtains and in rolled up condition after stowage
4. Narrative report of curtain condition
Each activity/task shall be evaluated for:
1. Responsiveness a.) To technical requirements.
Rating: 0 to 100%
2. Timeliness
Contractor executes each task or activity within the agreed upon timeframe.
3. Quality of Work
Contractor performed each task or activity with a clear understanding of the requirements.
4. Completeness
Contractor executes each activity in the PWS to completion.
COR to provide surveillance, track Contractor progress and performance, examine video and photographic evidence, discuss findings and follow-up as necessary.
The Contracting Officer may consider payment recalculation based upon ratings.
END OF PERFORMANCE WORK STATEMENT
SECTION C - COMMERCIAL CLAUSES
52.252-2 Clauses Incorporated by Reference February 1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/
The clauses in the table below are incorporated by reference.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items
Jan 2021
(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 items:
(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
Clauses Title Date 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content paper
May 2011
52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011
52.204-13 System for Award Management Maintenance Oct 2018 52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 http://www.acquisition.gov/far/
(6) 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 items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jun 2020) of 52.219-9 _X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:
_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
This Statement is for Information Only:
Employee Class Monetary Wage—Fringe Benefits
47040 - $84.24 per hour – H&W $7.87 per hour
_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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.
(End of Clause)
52.217-9 Option to Extend Service the Term of the Contract Mar 2000
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01) JAN 2019
(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement.
(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.
52.219-14 Limitations on Subcontracting (DEVIATION 2019-01) JAN 2019
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
[(b) Definition. As used in this clause—
“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone setaside or sole source award under the HUBZone Program.]
(b) [(c)] Applicability. This clause applies only to—
[(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
and
(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).]
[(d) Independent contractors. An independent contractor shall be considered a subcontractor.]
[(e) Agreement.]
[(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
[(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;]
[(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or]
[(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.
(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
52.252-6 Authorization Deviations in Clauses Apr 1984
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing
Platform 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:
1) Submit invoices in accordance with FAR 52.212-4(g).
https://www.ipp.gov/
2) Upload a copy of the invoice and all supporting documents along with the electronic IPP invoice.
To assist in the payment process, contractors are encouraged to send a courtesy copy of the invoice electronically, with attention to the Contracting Officer, to the following email address: supplyserviceinvoice@usbr.gov.
3) Invoices must be submitted via IPP in order to be properly processed within the payment terms set forth under this contract.
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 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.
1452.201-70 Authorities and Delegations September 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
€ 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 mailto:ippgroup@bos.frb.org perform that falls within any of the categories defined in paragraph € prior to receipt of the Contracting Officer’s response issued under paragraph € 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.
DOI-AAAP-0050 Contractor Performance Assessment Reporting System
(CPARS)
December 2015
a. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
b. The past performance evaluation process is a totally paperless 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 in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
c. We request that you furnish the Contracting Officer (CO) 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 (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
d. When your Contractor Representative(s) 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/.
e. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
3. All information provided should be reviewed for accuracy prior to submission.
4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating No comment in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become https://www.cpars.gov/ available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
6. If you do not sign and submit the CPAR within 60 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.-
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 CO for instructions.
2. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
3. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award 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 CO 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 60-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 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…
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