140R3021R0006_w_1449.pdf

Solicitation No. 140R3021R0006 Contract No. TBD Commercial Service Acquisition 100% Set-Aside for Eligible 8(a) Participants

Land Management and Public Safety Services at Davis Dam

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2021

Foreword Document No.

140R3021R0006 Document Title Land Management and Public Safety Services at Davis Dam

This page left intentionally blank

Document Title

FOREWORD

The U.S. Department of Interior, Bureau of Reclamation (BOR), Lower Colorado Basin, Lower Colorado Dams Office, Davis Dam has a requirement for Land Management and Public Safety. The Davis Dam is a federally owned property located on the Colorado River, approximately 2 miles north of Bullhead City, Arizona and the work site is in Mohave County, Arizona, and Clark County, Nevada.

BOR has determined Davis Dam requires a professional level of Land Management and Public Safety services with personnel capable of addressing public safety and unauthorized visitor activities at BOR assets. Personnel performing these duties shall be proactive in identifying, assessing, monitoring and reporting Public Safety and Land Management violations as they occur or appear to be taking place at Davis Dam.

This solicitation will result in one firm-fixed price type contract with a base year and four (4) 1-year option periods. The Government intends to make one award under this solicitation, but it reserves the right to award none at all.

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 52.212-01 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 52.212-02 – Evaluation of Commercial Items).

SET-ASIDE: This solicitation is limited to eligible 8(a) participants only.

NAICS: The services to be procured are classified in the North American Industry Classification System code 561612, Guard Services with a small business size standard of $22M.

SITE VISIT: A virtual site visit has been scheduled for June 14, 2021 at 10:00 AM Pacific Standard Time.

Offerors interested in participating in the virtual site visit must email Kathy Berry at kberry@usbr.gov with the following information:

1. Company Name; and

2. Name and email address of each individual planning to attend

A Microsoft Teams meeting invitation will be sent via email to everyone who signs up to attend the virtual site visit. Attendees who do not have the application Microsoft Teams installed on their computer will be able to join the meeting using their web browser.

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, June 21, 2021. Questions received after that date will not be entertained. ONLY WRITTEN 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, Kathy Berry at kberry@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, kberry@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 mailto:kberry@usbr.gov mailto:kberry@usbr.gov mailto:kberry@usbr.gov

Document Title number, 140R3021R0006. 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.

REGISTRATION: In order to be awarded a contract an offeror must have a DUNS number, be registered and active in the System for Award Management (SAM), http://www.sam.gov, and have completed their Online Representations and Certifications.

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.”

http://www.sam.gov/

Table of Contents Document No.

Document Title Land Management and Public Safety Services at Davis Dam 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-5 B.6 Contract Performance Period B-5 B.7 Type of Contract B-6

PART C – Contract Clauses C-1 C.1 52.252-02 Clauses Incorporated by Reference C-1 C.2 Addendum to 52.212-04 Contract Terms and Conditions-Commercial Items C-1

a. 52.217-08 Option to Extend Services C-1

b. 52.217-09 Option to Extend the Term of the Contract

c. 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns C-1 C-2

d. 52.252-06 Authorized Deviation in Clauses C-2

e. 1452.201-70 Authorities and Delegations C-2

f. 1452.228-70 Liability Insurance – Department of the Interior C-3

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

Bureau of Reclamation C-4

h. 1452.215-87 Incorporation of Technical Proposal – Bureau of Reclamation C-5

i. 1452.219-81 Selection 8(a) Direct Award – Bureau of Reclamation C-5

j. 1452.223-81 Safety and Health- Bureau of Reclamation C-6

k. 1452.223-82 Protecting Federal Employees and the Public from Exposure to

Tobacco Smoke in the Federal Workplace – Bureau of Reclamation

l. 1452.232-80 Limitation of Funds (Fixed-Price Contract) – Bureau of Reclamation

C-6 C-7

m. 1452.237-80 Security Requirement – Bureau of Reclamation C-9

n. 1452.252-80 Post Award Conference – Bureau of Reclamation C-18

o. DOI-AAAP Invoicing and Payment Processing Platform- Department of Interior C-19

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

Interior C-19

C.3 52.212-05 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items

C-21

C.4 Addendum to 52.212-05 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items

C-27

a. 52.252-06 Authorized Deviations in Clauses C-27

b. 52.219-14 Limitations on Subcontracting (Deviation) C-27

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 52.212-01 – Instructions to Offeror-Commercial Items E-1 E.2 Addendum to 52.212-01 Instructions to Offeror-Commercial Items E-4

a. 52.252-01 Provision Incorporated by Reference E-4

b. 52.215-20 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data (Alt IV) E-5

Table of Contents Document No.

Document Title Land Management and Public Safety Services at Davis Dam ii

b. 52.252-05 Authorized Deviations in Provisions E-5

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. 1452.215-86 Intent to Incorporate Technical Proposal E-11

f. 1452.233-02 Service of Protest – Department of Interior E-11

E.3 52.212-02 – Evaluation- Commercial Items E-12 E.4 Addendum to 52.212-02 Evaluation - Commercial Items E-15

a. 1452.225-08 Notice of World Trade Organization Government Procurement Agreement Evaluations – Bureau of Reclamation

E-15

E.5 52.212-03 –Representations and Certifications- Commercial Items E-15 E.6 Addendum to 52.212-03 Representation and Certifications - Commercial Items E-26

a. 52.252-01 Provision Incorporated by Reference E-26

b. 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment E-26

c. 52.209-07 Information Regarding Responsibility Matters E-28

d. 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law E-29

e. 52.237-01 Site Visit E-29

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

0004506041 CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR30

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/01/2021 1000 PD

05/27/2021

7022938460Kathleen (Kathy) Berry (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R3021R0006

5. SOLICITATION NUMBER

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

1 3 0040530909OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boulder City NV 89005

TELEPHONE NO.

17a. CONTRACTOR/

99999 See Award

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

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

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/30/2022

00010 Base Period - Land Management & Public Safety Services at Davis Dam

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached

(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.

documents.

00011 Transition Period - Phase In Process

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at

Davis Dam IAW the contract and all attached documents.

00020 Option Year 1 - - Land Management & Public Safety

Services at Davis Dam

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at

Davis Dam IAW the contract and all attached documents.

(Option Line Item)

09/01/2022

00030 Option Year 2 - - Land Management & Public Safety

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R3021R0006

Services at Davis Dam

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at

Davis Dam IAW the contract and all attached documents.

(Option Line Item)

09/01/2023

00040 Option Year 3 - Land Management & Public Safety

Services at Davis Dam

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at

Davis Dam IAW the contract and all attached documents.

(Option Line Item)

09/01/2024

00050 Option Year 4 - Land Management & Public Safety

Services at Davis Dam

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at

Davis Dam IAW the contract and all attached documents.

(Option Line Item)

09/01/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Part A – SF 1449 Document No.

Document Title Land Management and Public Safety Services at Davis Dam

A-2

This page intentionally left blank

Part B – Continuation of SF

Document No.

140R3021R0006

Document Title Land Management and Public Safety

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:

Kathleen (Kathy) Berry (LCB-10205) Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006 Phone: 702-293-8460 E-Mail: Kberry@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 Internet Payment Platform (IPP) See Instructions on Page C-

18. All payment will be made in accordance with the Prompt Payment Act.

B.4 Blocks 19 - 24: CONTRACT PRICE SCHEDULE

(a) The Contractor shall furnish the services identified in this Section, in accordance with the terms, conditions, specifications and applicable attachments contained in the contract.

(b) 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.

(c) Definitions:

CLIN – Contract Line Item mailto:DLRodriguez@usbr.gov

Document No.

140R3021R0006

Document Title Land Management and Public Safety

B-2

Continuation of Section B – Price Schedule

Schedule for Performing Land Management and Public Safety Services at Davis Dam

(October 1, 2021 – September 30, 2022) Item No. Schedule of Supplies and

Services Quantity Unit Unit Price Amount

Schedule 1 – Base Year:

1-1 Base Year - Firm Fixed Price

Transition

15 Days $ $

1-2

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached documents.

12 Months $ $

1-3

Nonrecurring and/or Special Events.

Not to exceed amount and will only be paid for actual work performed.

8 Hours $ $

Grand Total for Schedule 1 $

(October 1, 2022 – September 30, 2023) Item No. Schedule of Supplies and

Services Quantity Unit Unit Price Amount

Schedule 2 – Option Year 1:

2-1

Option Year 1 - Firm Fixed Price

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached documents.

12 Months $ $

2-2

Nonrecurring and/or Special Events.

Not to exceed amount and will only be paid for actual work performed.

Grand Total for Schedule 2 $

Document No.

140R3021R0006

Document Title Land Management and Public Safety

B-3

(October 1, 2023 – September 30, 2024) Item No. Schedule of Supplies and

Services Quantity Unit Unit Price Amount

Schedule 3 – Option Year 2:

3-1

Option Year 2 - Firm Fixed Price

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached documents.

12 Months $ $

3-2

Nonrecurring and/or Special Events.

Not to exceed amount and will only be paid for actual work performed.

Grand Total for Schedule 3 $

(October 1, 2024 – September 30, 2025) Item No. Schedule of Supplies and

Services Quantity Unit Unit Price Amount

Schedule 4 – Option Year 3:

4-1

Option Year 3 - Firm Fixed Price

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached documents.

12 Months $ $

4-2

Nonrecurring and/or Special Events.

Not to exceed amount and will only be paid for actual work performed.

Grand Total for Schedule 4 $

Document No.

140R3021R0006

Document Title Land Management and Public Safety

B-4

(October 1, 2025 – September 30, 2026) Item No. Schedule of Supplies and

Services Quantity Unit Unit Price Amount

Schedule 5 – Option Year 4:

5-1

Option Year 4 - Firm Fixed Price

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached documents.

12 Months $ $

5-2

Nonrecurring and/or Special Events.

Not to exceed amount and will only be paid for actual work performed.

Grand Total for Schedule 5 $

(October 1, 2026 – March 31, 2027) Item No. Schedule of Supplies and

Services Quantity Unit Unit Price Amount

Schedule 6 – Option to Extend 6 Months:

6-1

Option Period - Firm Fixed Price

All personnel, equipment, materials, supervision, and other items and services necessary to provide land management and public safety services at Davis Dam IAW the contract and all attached documents.

6 Months $ $

6-2

Nonrecurring and/or Special Events.

Not to exceed amount and will only be paid for actual work performed.

4 Hours $ $

Grand Total for Schedule 6 $

**Note: For the purpose of award of this contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-08 as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices of any option

Document No.

140R3021R0006

Document Title Land Management and Public Safety

B-5 exercised under FAR 52.217-08 will be at the same rates as those in effect under the contract. This evaluation will not obligate the Government to exercise any option under FAR 52.217-08. The CLIN will be priced at a not to exceed amount, representing the case where the option will be exercised after the fourth option year.

Grand Total for Schedule 1 – Base Year

Grand Total for Schedule 2 – Option Year 1 Grand Total for Schedule 3 – Option Year 2 Grand Total for Schedule 4 – Option Year 3 Grand Total for Schedule 5 – Option Year 4

Grand Total for Schedule 6 – 52.217-8 Option to Extend

Total for All Six Schedules

B.5 Block 31b: GOVERNMENT

ADMINISTRATION PERSONNEL

The Contracting Officer is:

Nicholas Clements (LCB-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 CONTRACT PERFORMANCE PERIOD

The overall contract performance period of this contract consists of the following time periods:

(a) Performance period for the contract will be from the date of contract award through 365 calendar days.

B.7 TYPE OF CONTRACT

The Government intends to award one firm-fixed price contract resulting from this solicitation.

mailto:nclements@usbr.gov

Document No.

140R3021R0006

Document Title Land Management and Public Safety

B-6

This page intentionally left blank

Part C – Contract Clauses

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-1

PART C – CONTRACT CLAUSES

C.1 52.252-02 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 52.203-03 Gratuities April 1984 52.204-04 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper May 2011

52.204-09 Personal Identity Verification of Contractor Personnel January 2011 52.204-13 System for Award Management Maintenance October 2018 52.212-04 Contract Terms and Conditions – Commercial Items October 2018 52.215-21 Requirements for Certified Cost or Pricing Data and Data other than

Certified Cost or Pricing Data - Modifications June 2020

52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.228-05 Insurance – Work on a Government Installation January 1997 52.232-40 Providing Accelerated Payment to Small Business Subcontractors December 2013 52.237-03 Continuity of Services January 1991 52.242-13 Bankruptcy July 1995 52.242-15 Stop Work Order August 1989

C.2 ADDENDUM TO 52.212-04 CONTRACT TERMS AND

CONDITIONS--COMMERCIAL ITEMS

a. 52.217-08 OPTION TO EXTEND SERVICES NOVEMBER 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

b. 52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT MARCH 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

https://www.acquisition.gov/far http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-2

c. 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO

ELIGIBLE 8(A) CONCERNES

MARCH 2020

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) The ____________ [insert name of SBA's contractor]will notify the____________ [insert name of contracting agency]Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

(End of clause) *Note: Regarding paragraphs (c) and (d) of this clause, award will be made directly to the successful awardee in accordance with clause 1452.219-81 SELECTION 8(a) DIRECT AWARD – BUREAU OF

RECLAMATION.

d. 52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES NOVEMBER 2020

(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 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:

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-3

(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.

(End of Clause)

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 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, Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-4 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;

(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 -

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-5

(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. 1452.215-87 INCORPORATION OF TECHNICAL

PROPOSAL. - BUREAU OF RECLAMATION

MARCH 2021

All or parts of the successful offeror's technical proposal are hereby incorporated, either physically or by reference, into this contract. The portions and their location in the contract are as follows:

Description Location in Contract

*Contracting Officer shall complete the chart at time of contract award

i. 1452.219-81 SELECTION 8(a) DIRECT AWARD – BUREAU

OF RECLAMATION

MARCH 2021

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Bureau of Reclamation.

SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) Program. The cognizant SBA district office is:

(contracting officer fill-in) _To be completed at time of award__________

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement.

The contracting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees:

(1) To notify the contracting officer, simultaneous with its notification to SBA (as required by SBA’s 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-6

(2) It will adhere to the requirements of 52.219-14, Limitations on Subcontracting contained within this [X] contract [ ] purchase order.

j. 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.

(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.

k. 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND

THE PUBLIC FROM EXPOSURE TO TOBACCO

SMOKE IN THE FEDERAL WORKPLACE –

BUREAU OF RECLAMATION

OCTOBER 1998

http://www.osha.gov/

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-7

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) This restriction does not apply in designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts, and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area.

(c) Smoking may also be restricted at doorways and in courtyards under executive branch control in order to protect workers and visitors from environmental tobacco smoke.

l. 1452.232-80 LIMITATION OF FUNDS (FIXED-PRICE

CONTRACT) – BUREAU OF

SEPTEMBER 2003

(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for this contract will be made available in accordance with this clause. This statute permits the Secretary of the Interior to enter into contracts which will cover such periods as the Secretary may consider necessary but in which liability of the United States shall be contingent upon appropriations being made therefore. For purposes of this clause, the term "appropriations" includes the Bureau of Reclamation’s subsequent allocation of funds for this contract.

(b) Incremental funding in the amount of $__TBD_______ is presently available for payment and allotted under this contract for [Insert a description of work required under the contract or identify contract line items, if appropriate]. This present funding allotment is contemplated to cover the work to be performed until ___TBD_______ [Insert date through which funds are allotted]. A schedule for anticipated future funding allotments is as follows. This information is for planning purposes only and may not be fully representative of the funds actually allotted under this contract [Insert percentage of total contract amount anticipated to be funded for each period when the clause in used in a solicitation; insert anticipated funding amounts for each period when clause is inserted in the contract]:

FISCAL YEAR FUNDING AMOUNT

On award of contract $_________

(c) For work identified in paragraph (b) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of specified work for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor shall not be obligated to continue performance of this work beyond that point. The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for this work notwithstanding any contrary provisions of the Termination for Convenience of the Government clause of this contract.

(d) Notwithstanding the date specified in paragraph (b) of this clause, the Contractor shall notify the Contracting

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-8

Officer in writing at least sixty days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 75 percent of the total amount then allotted to the contract for performance of work identified in paragraph (b) of this clause. The notification shall state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of the work up to the next scheduled date for allotment of funds identified in paragraph (b) of this clause, or to a mutually agreed upon substitute date. The notification shall also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of work funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (b) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer shall terminate any work for which additional funds have not been allotted, pursuant to the Termination for Convenience of the Government clause of this contract.

(e) When additional funds are allotted for continued performance of the work identified in paragraph (b) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (c) through (e) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly through revision of paragraph (b) of this clause. The Contracting Officer is the only person authorized to provide notice, communication, or other form of representation to increase or decrease the amount of funds allotted by the Government to this contract. If agreement cannot be reached, the Contracting Officer will make a final decision as to the period of contract performance that will be covered by the funds. This decision may be appealed by the Contractor under the Disputes clause of the contract.

(f) If, solely by reason of failure of the Government to allot additional funds in amounts sufficient for timely performance of the work identified in paragraph (b) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of work, or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.

(g) The Government may at any time prior to termination allot additional funds for the performance of the work identified in paragraph (b) of this clause.

(h) The termination provisions of this clause do not limit the rights of the Government under the Default clause of this contract. The provisions of this clause are limited to the work and allotment of funds as set forth in paragraph (b) of this clause. This clause is inapplicable once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (e) or (f) of this clause.

(i) Change orders shall not be considered authorization to exceed the amount allotted by the Government as specified in paragraph (b) of this clause unless the amount is increased by inclusion of a statement contained in the change order.

(j) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

Document No.

140R3021R0006

Document Title Land Management and Public Safety

C-9

m. 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 ensure that performance is not delayed by compliance with credentialing processes.

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

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours.