140R3021R0001 Solicitation.pdf

Solicitation No.

140R3021R0001 Contract No. TBD Commercial Item Acquisition 100% Set-Aside for Small Business

Farming and Irrigation Services at Cibola Valley Conservation Area (CVCA) IDIQ

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2020

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Foreword Document No.

Document Title

Farming & Irrigation Services at CVCA

FOREWORD

The Bureau of Reclamation (BOR), Interior Region 8: Lower Colorado Basin, Multi-Species Conservation Program (MSCP) has a requirement for farming and irrigation services at Cibola Valley Conservation Area (CVCA)

This solicitation will result in an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with a 5-year term ordering period starting on or about January 1, 2021. The Government intends to make one IDIQ award under this solicitation, but it reserves the right to award more or none at all. The Government intends to award one task order for IDIQ Year 1, at time of award.

This acquisition is being procured under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and Part 15, Contracting by Negotiation. The Government intends to award one contract without discussion with Offerors. The award decision will be based on the Offeror’s initial proposal. Therefore, the Offeror’s initial proposal shall contain the Offeror’s best terms from a cost or price and technical standpoint.

Carefully review Sections E, E.2 Addendum to 52.212-1 Instructions to Offerors-Commercial Items.

Offerors are advised that a technical proposal must be submitted with their offer and that the technical merit is more important in the award evaluation process than pricing (See Clause 52.212-2 – Evaluation of Commercial Items).

SET-ASIDE: This solicitation is set-aside 100% for Small Businesses.

NAICS: The services to be procured are classified in the North American Industry Classification System code 515112, Soil Preparation, Planting and Cultivating, with a small business size standard of $7.5M.

IDIQ VALUE: The proposed IDIQ contract will be for an ordering period of five years from the date of contract award with the cumulative/maximum amount of all delivery/task orders not exceed $1,700,000.00. The minimum order guarantee is $2,500. Delivery/Task Order procedures are identified in F.5 Delivery/Task Order Issuance Procedures.

WRITTEN QUESTIONS: BOR will only accept written questions for this solicitation. Offerors may submit written questions requesting clarification of solicitation requirements. All questions shall be received by no later than 2:00 pm, PT, October 28, 2020. Questions received after that date will not be entertained. ONLY WRITEEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted must include the following information: document name, document date, specific page, paragraph, clause or other definitive citation for which clarification is requested. All questions shall be submitted electronically via email to the Contract Specialist, Diane Rodriguez at DLRodriguez@usbr.gov. All relevant questions asked, and the answers provided, will be posted as an amendment to this solicitation via the Beta Sam website at beta.sam.gov.

OFFER SUBMISSION: For the Date and Time of Offer Submission, See Standard Form 1449. Failure to respond on or before the specified time frame will result in your proposal not being considered for award.

Proposals shall be submitted electronically via email to the Contract Specialist, DLRodriguez@usbr.gov. Email attachments combined cannot exceed 10MB. If a potential offeror’s submission exceeds 10MB, an email shall be sent to the Contract Specialist and Contracting Officer to request an alternate method for submitting documents. Only written request will be accepted, and the email subject shall clearly state the solicitation number, 140R3021R0001. The written request shall be received at least three (3) business days prior to the due date, any request received less than three (3) days prior may not be able to be accommodated. No paper proposals (hand delivered or mail submission) shall be accepted for this solicitation.

mailto:DLRodriguez@usbr.gov

Foreword Document No.

Document Title

OTHER NOTES TO OFFERORS:

For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards” (October 2009), which applies to the work under this contract, see contract clause at “WBR 1452.223-81 Safety and Health.”

Table of Contents Document No.

Document Title i

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS i-ii

PART A – Solicitation, Contract, Order for Commercial Items (SF-1449) A-1

PART B – Continuation of Blocks from SF 1449 B-1 B.1 Block 14 - Acquisition Method B-1 B.2 Block 16. Government Administration Personnel B-1 B.3 Block 18. Submission of Invoices B-1 B.4 Blocks 19-24. Contract Price Schedule B-1 B.5 Blocks 31. Government Administration Personnel B-2 B.6 Minimum and Maximum Ordering Quantities B-2 B.7 Contract Performance Period B-2 B.8 Ordering Authority B-2 B.9 Task Orders B-2

B.10 Delivery B-3 B.11 Type of Contract B-3 B12 Commence, Prosecution and Completion of Task Orders B-3

PART C – Contract Clauses C-1 C.1 52.252-2 Clauses Incorporated by Reference C-1 C.2 Addendum to 52.212-4 Contract Terms and Conditions-Commercial Items C-1

a. 52.216-18 Ordering C-1

b. 52.216-19 Order Limitations C-2

c. 52.216-22 Indefinite Quantity C-2

d. 52.252-6 Authorized Deviation in Clauses C-3

e. 1452.201-70 Authorities and Delegations C-3

f. 1452.228-70 Liability Insurance – Department of the Interior C-4

g. 1452.201-80 Contracting Officer’s Representative’s Authorities and Limitations –

Bureau of Reclamation C-4

h. 1452.223-81 Safety and Health – Bureau of Reclamation C-5

i. 1452.237-80 Security Requirement – Bureau of Reclamation C-6

j. 1452.252-80 Post Award Conference – Bureau of Reclamation C-10

k. DOI-AAAP Invoicing and Payment Processing Platform- Department of Interior C-10

l. DOI-AAAP Contractor Performance Assessment Reporting System Depart of

Interior C-11

C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items

C-12

C.4 Addendum to 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items

C-18

a. 52.252-6 Authorized Deviations in Clauses C-18

b. 52.219-6 Notice of Total Small Business Set-Aside (Deviation) C-19

c. 52.219-14 Limitations on Subcontracting (Deviation) C-19

PART D – Contract Documents, Exhibits or Attachments D-1 D.1 Applicability of Documents D-1 D.2 List of Attachments D-1

PART E – Provisions E-1 E.1 52.212-1 – Instructions to Offeror-Commercial Items E-1 E.2 Addendum to 52.212-1 Instructions to Offeror-Commercial Items E-4

a. 52.252-1 Provision Incorporated by Reference E-4

Table of Contents Document No.

Document Title ii

b. 52.252-5 Authorized Deviations in Provisions E-4

c. 1452.215-71 Use and Disclosure of Proposal Information – Department of

Interior E-5

d. 1452.215-81 General Proposal Instructions – Bureau of Reclamation E-6

e. 1452.215-82 Technical Proposal Instructions - Bureau of Reclamation E-8

f. 1452.215-83 Pricing Proposal Instructions - Bureau of Reclamation E-11

g. 1452.233-02 Service of Protest – Department of Interior E-12

E.3 52.212-2 – Evaluation- Commercial Items E-12 E.4 Addendum to 52.212-2 Evaluation - Commercial Items E-15

a. 1452.225-8 Notice of World Trade Organization Government Procurement Agreement Evaluations – Bureau of Reclamation

E-15

E.5 52.212-3 –Representations and Certifications- Commercial Items E-15 E.6 Addendum to 52.212-3 Representation and Certifications - Commercial Items E-26

a. 52.252-1 Provision Incorporated by Reference E-27

b. 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements-Representations E-26

c. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

E-27

d. 52.209-7 Information Regarding Responsibility Matters E-29

e. 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law E-30

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

R30

500 Fir Street Regional Office Lower Colorado Region Bureau of Reclamation

0010765897 CODE 16. ADMINISTERED BYCODE

X

X

X

115112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR30

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/20/2020 1400 PT

10/21/2020

7022938368Diane Rodriguez (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R3021R0001

5. SOLICITATION NUMBER

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

1 2 0040491114OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boulder City NV 89005

TELEPHONE NO.

17a. CONTRACTOR/

Boulder City NV 89005 500 Date Street, Building 900

BOR-LC-RO

15. DELIVER TO

Boulder City NV 89005 500 Fir Street Regional Office Lower Colorado Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 12/31/2025 Period of Performance: 01/01/2021 to 12/31/2025

00010 Farming and Irrigation Services at Cibola Valley Conservation Area (CVCA) IDIQ

SEE ATTACHMENT 2 FOR CONTRACT PRICE SCHEDULES

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Nicholas Clements

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Part B – Continuation of SF

Document No.

140R3021R0001

Document Title

B-1

PART B—CONTINUATION OF BLOCKS FROM STANDARD FORM 1449

B.1 Block 14: ACQUISITION METHOD

This acquisition will be awarded in accordance with the procedures set forth in FAR Part 12 - Acquisition of Commercial Items and FAR Part 15 - Contracting by Negotiation.

B.2 Block 16: GOVERNMENT ADMINISTRATION PERSONNEL

The Contract Specialist responsible for overall administration of this requirement is:

Diane Rodriguez (LCB-10203) Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006 Phone: 702-293-8368 E-Mail: DLRodriguez@usbr.gov

B.3 Block 18: SUBMISSION OF INVOICES

Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) April 2013

The Contractor shall submit invoices via the Invoice Processing Platform (IPP) See Instructions on Page C-10. All payment will be made in accordance with the Prompt Payment Act.

B.4 Blocks 19 - 24: CONTRACT PRICE SCHEDULE

(a) The quantities stated in the Schedules found in Attachment 3 are “estimated quantities” only. These are based on the Government’s best estimate of the amount of work that will be required under this contract each performance period. Payment will only be made for the actual quantities ordered that are performed and approved. No claim shall be made against the Government for variations in the quantities stated. The terms, conditions, and specifications contained in this solicitation shall apply to all orders placed under the resultant contract. Please refer to Part C – Contract Clauses, FAR 52.216-18 – Ordering, FAR 52.216-19 – Ordering Limitations and FAR 52.216-22 – Indefinite Quantity for additional information on ordering terms.

(b) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.

Please see Attachment 2, Contractor’s Price Schedules, and provide your firm fixed line item pricing on all five Schedules. (Pricing is not required on the Schedule line items for fertilizer, herbicide, pesticides and seeds.)

(c) Offers will be considered for award on the following price schedules, but no offer will be considered for award on only a part of the price schedule or for only one of the price schedules.

B.5 Block 31b: GOVERNMENT

ADMINISTRATION PERSONNEL

The Contracting Officer is:

Document No.

140R3021R0001

Document Title

B-2

Nicholas Clements (LC-10200) Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006 Phone: 702-293-8156 E-Mail: nclements@usbr.gov

B.6 MINIMUM AND MAXIMUM ORDERING QUANTITIES (INDEFINITE

DELIVERY, INDEFINITE DELIVERY QUANTITY CONTRACT – BUREAU

OF RECLAMATION

The Government will order, and the contractor shall furnish at least the minimum and not to exceed the following maximum quantity of supplies or services during the term of this contract:

Guaranteed Minimum Dollar Value over 5 Year Performance Period

Not to Exceed Dollar Value over 5 Year Performance Period

$2,500 $1,700,00.00

B.7 CONTRACT PERFORMANCE PERIOD

The overall contract performance period of this Indefinite Delivery/Indefinite Quantity type contract consists of a five (5) year ordering term which starts on January 1, 2021. Individual orders may be placed as needed any time during the five-year performance term. Each order will specify the tasks to be completed as well as the delivery/completion date. See Clause 52.216-22, Indefinite Quantity for additional information.

B.8 ORDERING AUTHORITY

Any Bureau of Reclamation Contracting Officer whose duty station is the Lower Colorado Basin, acting within the limits of his/her appointed authority under the Department of the Interior’s Contracting Officer’s Warrant System is authorized to issue Task Order under a resultant contract.

B.9 TASK ORDERS

(a) The Government will order any services to be furnished under this IDIQ contract by issuing individual Task

Orders using the Option Form 347. Task orders may be placed from the effective date of January 1, 2021 through the expiration date of December 31, 2025.

(b) Task orders will be issued under the resultant contract on an as needed basis via Optional Form (OF) 347

(Order for Supplies or Services) to the Contractor by any Lower Colorado Region Contracting Officer having the appropriate warrant authority. In the case of an urgent requirement, the Contracting Officer may issue a verbal task order to the Contractor to begin immediate work on a delivery. This verbal order will be followed up with 24 hours with a written order provided to the Contractor. Each task order will have a statement of work that will specify the tasks to be completed, the specific unit quantities required, the location and the delivery timeframes. The task orders will be priced in accordance with the firm fixed unit prices specified on the price schedules except for the following Schedule Line Items which will be paid on a Time & Materials basis; Schedule Lines 1-5, 2-5, 3-5, 4-5, and 5-5. The Time and Material Line Items contain Not to Exceed Amounts.

(c) The Optional Form 347 will be issued for each Task Order (TO).

(1) Each TO will contain the following: date of the order, contract number, TO number, verbal authorization information (if issued verbally), accounting and appropriation data, total firm fixed-price award amount, required completion date.

mailto:nclements@usbr.gov

Document No.

140R3021R0001

Document Title

B-3

(2) The specific statement of work and tasks required for the individual task order, special technical requirements, instructions or clearances will be provided with the individual TO.

(3) The contractor shall acknowledge each individual TO in writing within three (3) calendar days after the issuance date. Such acknowledgement can be done electronically and shall be submitted to the individuals identified in B.5 Administration.

(4) Upon receipt of the TO, if the Contractor considers the specified completion date to be unreasonable or unrealistic for the required effort, the Contractor shall notify the Contracting Officer within ten (10) calendar days.

(d) Nothing contained in this contract shall prohibit the Government from placing other orders for the same or similar services as those available under this contract.

B.10 DELIVERY

(b) When task orders are placed, the Contractor may propose, at no additional cost to the Government, alternate delivery schedules that time wise are more favorable to the Government. All requests for alternate delivery schedules must be submitted in writing to the Contracting Officer and approved by the Contracting Officer’s Representative.

(c) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs unless authorized by a duly executed Task Orders.

(e) Task Orders may be modified by the Contracting Officer using Standard Form 30.

(f) Each task order will include the date of the order, task order number, accounting and appropriation data, a statement of work identifying the place and period of performance, quantities of work ordered, and other additional requirements or instructions.

B.11 TYPE OF CONTRACT

The Government intends to award one Indefinite Delivery / Indefinite Quantity. The task orders may have both firm fixed price line items as well as time and material

B.12 COMMENCEMENT, PROSECUTION AND COMPLETION OF TASK ORDERS

(a) The performance of additional services, not specifically identified at this time, to be furnished under this contract shall be made only as authorized by individual task orders issued in accordance with terms in paragraphs C.2.a. - 52.216-18 Ordering & C.2.b. - 52.216-19 Order Limitations.

(b) The contractor shall be required to (1) commence work at the jobsite under each individual task order within the time frame stated in the task order, (2) prosecute the work diligently, and (3) complete the entire work no later than the date specified in each task order.

Document No.

140R3021R0001

Document Title

B-4

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Part C – Contract Clauses

Document No.

140R3021R0001

Document Title

C-1

PART C – CONTRACT CLAUSES

C.1 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 the following addresses:

Federal Acquisition Regulations (FAR) clauses – https://www.acquisition.gov/far Department of the Interior Acquisition Regulations (DIAR) clauses – http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.203-3 Gratuities April 1984 52.203-19 Prohibition on Requiring Certain Internal Confidentially

Agreements or Statements January 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-13 System for Award Management Maintenance October 2018 52.212-4 Contract Terms and Conditions – Commercial Items October 2020 52.232-40 Providing Accelerated Payment to Small Business Subcontractors r December 2013 52.242-15 Stop Work Order August 1989 52.243-6 Inspection-Time and Mater and Labor-Hour May 2001

C.2 ADDENDUM TO 52.212-04 CONTRACT TERMS AND

CONDITIONS--COMMERCIAL ITEMS

a. 52.216-18 ORDERING AUGUST 2020

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from January 1, 2021 through December 31, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmit the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor, or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(e)Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause) https://www.acquisition.gov/far http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

Document No.

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Document Title

C-2

b. 52.216-19 ORDER LIMITATIONS OCTOBER 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of the Not to Exceed Dollar Value $1,7000,000.00

(2) Any order for a combination of items in excess of the Not to Exceed Dollar Value $1.700,000.00;

or

(3) A series of orders from the same ordering office within 1825 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

c. 52.216-22 INDEFINITE QUANTITY OCTOBER 1995

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

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

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

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

d. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES APRIL 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1)

Document No.

140R3021R0001

Document Title

C-3 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

e. 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.

(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 representatives(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. 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE

INTERIOR

JULY 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof

Document No.

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Document Title

C-4 liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

$100,000

GENERAL LIABILITY

$500,000 per occurrence

AUTOMOBILE LIABILITY

$200,000 each person $500,000 each occurrence $ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

g. 1452.201-80 CONTRACTING OFFICE’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;

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(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 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.”

h. 1452.223-81 SAFETY AND HEALTH – BUREAU OF

JUNE 2015

(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).

(1) The RSHS manual as referenced in subparagraph (b) above 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.

http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.osha.gov/

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(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.

i. 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF

FEBRUARY 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 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

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(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.

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(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 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 http://www.usbr.gov/recman/DandS.html#sle

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(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:

(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked…