140R3021R0024_Request_for_Proposal_14June2021.pdf

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4/5 Native Fish Biological Monitoring, CA
Solicitation number
140R3021R0024
Issued by

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This solicitation is for biological monitoring services of native fish species in Reach 4/5 of the Colorado River near Blythe, California. The Bureau of Reclamation seeks to monitor razorback sucker and bonytail fish through larval surveys, remote PIT scanning, and telemetry over a five-year base period and four one-year options. Services will be performed in the river's main channel and backwaters between Palo Verde Diversion Dam and Imperial Dam. The solicitation is set aside for small businesses with a closing date of June 14, 2021 and includes a wage determination for Riverside and Imperial counties. Pricing is requested for the base year and all option years.

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SOLICITATION NO.: 140R3021R0024

CONTRACT NO.: TBD

REACH 4/5 NATIVE FISH

MONITORING

100% Small Business Set-Aside

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Basin Boulder City, Nevada FY2021

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Foreword Document No.

140R3021R0024

Document Title Reach 4/5 Native Fish Monitoring

FOREWORD

The Interior Region 8 Lower Colorado Basin Multi-Species Conservation Program (MSCP) has a requirement for non-personal services to monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5, Parker Dam to Imperial Dam. This monitoring effort shall be accomplished over a five-year period of performance. The services will include larval surveys, remote PIT scanning surveys, and broad scale telemetry for razorback suckers. The study area will include the main channel and connected backwaters between Palo Verde Diversion Dam and Imperial Dam. The totality of surveys over the course of this project is intended to inform management on where future monitoring shall be directed.

NAICS: The services to be procured are classified in the North American Industry Classification System code 541690, Other Scientific and Technical Consulting Services, with a small business size standard of $15M.

This requirement is being solicited as a total small business set-aside.

The Government intends to award the contract without discussions 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 and the Technical Evaluation Criteria contained in Solicitation Clause 52.212-2 - Evaluation Commercial Items. Offerors must submit Proposals on or before the time frames specified on the SF-1449. Failure to respond on or before the specified time frame will result in your proposal not being considered for award.

Solicitation/contract subject to the FAR, current through Federal Acquisition Circulars (FAC) 2021-05, effective date of March 10, 2021.

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

WRITTEN QUESTIONS: Requesting Clarification. Offerors may submit written questions requesting clarification of solicitation requirements. All questions shall be received no later than Tuesday, June 22, 2021, at 12:00 p.m. Pacific Time. ONLY WRITTEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted shall contain the following information: documents 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 Maribel Ruble at mruble@usbr.gov. Answers will be provided to only questions submitted in writing, and all answers will be provided in an amendment via website SAM.gov Contract Opportunities.

Amendments for this solicitation will be posted on SAM.gov Contract Opportunities. Offerors shall acknowledge all Amendments when submitting a proposal. One award is anticipated on this solicitation. Award shall be made to the responsible offeror whose proposal conforms to the solicitation’s requirements and is the most advantageous to the Government price and other factors considered.

OTHER NOTES: 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.”

Foreword Document No.

Document Title Reach 4/5 Native Fish Monitoring

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Table of Contents Document No.

Document Title

Reach 4/5 Native Fish Monitoring 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 Block 31b. Contracting Officer B-4 B.6 Contract Performance Period B-4 B.7 Type of Contract B-4

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. 52.252-6 Authorized Deviations in Clauses C-1

b. 52.217-8 Option to Extend Services C-1

c. 52.217-9 Option to Extend the Term of the Contract C-2 d.1452.201-70 Authorities and Delegations C-2 e.1452.203-70 Restrictions on Endorsements – Department of the Interior C-2

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

g. 1452.201-80 Contracting Officer’s Representative’s Authorities and Limitations- Bureau of Reclamation

C-3

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

i. 1452.237-80 Security Requirement – Bureau of Reclamation

C-4 C-5

j. 1452.252-80 Post Award Conference – Bureau of Reclamation C-9

k. DOI-AAAP Invoicing and Payment Processing Platform- Department of Interior C-9

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

Interior C-10

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

C-11

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-1

a. 52.252-1 Provision Incorporated by Reference E-3

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

c. 52.209-7 Information Regarding Responsibility Matters E-4

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

Interior E-5

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

f. 1452.233-02 Service of Protest – Department of Interior E-10

E.3 52.212-2 – Evaluation- Commercial Items E-10

Table of Contents Document No.

Document Title ii

E.4 Addendum to 52.212-2 Evaluation - Commercial Items E-13

a. 1452.225-82 Notice of World Trade Organization Government Procurement

Agreement Evaluations – Bureau of Reclamation E-13

E.5 52.212-3 –Representations and Certifications- Commercial Items E-13 E.6 Addendum to 52.212-3 Representation and Certifications - Commercial Items E-32

a. 52.252-1 Provision Incorporated by Reference E-32

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

CODE 16. ADMINISTERED BYCODE

X

X

X

541620

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR30

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/14/2021 1300 PT

06/14/2021

9283438217Maribel Ruble (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R3021R0024

5. SOLICITATION NUMBER

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

1 4 0040527810OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boulder City NV 89005

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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.

00010 Base Year - Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

Product/Service Code: B510 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.

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENVIRONMENTAL ASSESSMENTS

Delivery: 09/30/2022

Delivery Location Code: 0004506041

See Award

99999 US

Period of Performance: 10/01/2021 to 09/30/2022

00020 Option Year 1 - Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker

(Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near

Blythe, CA in accordance with attached

Performance Work Statement.

(Option Line Item)

09/01/2022

Product/Service Code: B510

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENVIRONMENTAL ASSESSMENTS

Delivery: 09/30/2023

Delivery Location Code: 0009909992

Bureau of Reclamation-LC-RO

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

4 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140R3021R0024

Lower Colorado Regional Office

Warehouse/Receiving

500 Fir Street

Boulder City NV 89005-0400 US

Period of Performance: 10/01/2022 to 09/30/2023

00030 Option Year 2 - Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker

(Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near

Blythe, CA in accordance with attached

Performance Work Statement.

(Option Line Item)

09/01/2023

Product/Service Code: B510

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENVIRONMENTAL ASSESSMENTS

Delivery: 09/30/2024

Delivery Location Code: 0009909992

Bureau of Reclamation-LC-RO

Lower Colorado Regional Office

Warehouse/Receiving

500 Fir Street

Boulder City NV 89005-0400 US

Period of Performance: 10/01/2023 to 09/30/2024

00040 Option Year 3 - Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker

(Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near

Blythe, CA in accordance with attached

Performance Work Statement.

(Option Line Item)

09/01/2025

Product/Service Code: B510

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENVIRONMENTAL ASSESSMENTS

Delivery: 09/30/2025

Delivery Location Code: 0009909992

Bureau of Reclamation-LC-RO

Lower Colorado Regional Office

Warehouse/Receiving

500 Fir Street

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140R3021R0024

Boulder City NV 89005-0400 US

Period of Performance: 10/01/2024 to 09/30/2025

00050 Option Year 4 - Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker

(Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near

Blythe, CA in accordance with attached

Performance Work Statement.

(Option Line Item)

09/01/2025

Product/Service Code: B510

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENVIRONMENTAL ASSESSMENTS

Delivery: 09/30/2026

Delivery Location Code: 0009909992

Bureau of Reclamation-LC-RO

Lower Colorado Regional Office

Warehouse/Receiving

500 Fir Street

Boulder City NV 89005-0400 US

Period of Performance: 10/01/2025 to 09/30/2026

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 Reach 4/5 Native Fish Monitoring

A-2

This page intentionally left blank

Part B – Continuation of SF

Document No.

140R3021R0024

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:

Veronica Velarde (LC-10205) Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006 Phone: 702-293-8581 E-Mail: mvelarde@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-7. 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 on the below Schedules, in accordance with the solicitation’s terms, conditions, Specifications and applicable Attachments contained in the solicitation.

(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

Schedule 1 – Base Year – October 1, 2021 to September 30, 2022 19.

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

10 Base Year – Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

1 Lump Sum

Total for Schedule 1 $

Document No.

140R3021R0024

Document Title

B-2

Schedule 2 – Option Year 1 – October 1, 2022 to September 30, 2023

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

20 Option Year 1 – Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

Total for Schedule 2 $

Schedule 3 – Option Year 2 – October 1, 2023 to September 30, 2024

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

30 Option Year 2 – Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

Total for Schedule 3 $

Schedule 4 – Option Year 3 – October 1, 2024 to September 30, 2025

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

40 Option Year 3 – Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

Total for Schedule 4 $

Document No.

140R3021R0024

Document Title

B-3

Schedule 5 – Option Year 4 – October 1, 2025 to September 30, 2026

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

50 Option Year 4 – Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

Total for Schedule 5 $

Schedule 6 – Option to Extend 6 Months – October 1, 2026 to March 31, 2027

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

60 Option to Extend 6 Months – Reach 4/5 Native Fish Monitoring

The Contractor shall monitor razorback sucker (Xyrauchen texanus) and bonytail (Gila elegans) fish within Reach 4/5 near Colorado River near Blythe, CA in accordance with attached Performance Work Statement.

6 Months

Total for Schedule 6 $

Note: The total evaluated price will be calculated as the sum of the CLINs extended prices, including the base, all option CLINs, and the 6-month 52.217-8, Option to Extend Services. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Total for Schedule 1 $ Total for Schedule 2 $ Total for Schedule 3 $ Total for Schedule 4 $ Total for Schedule 5 $ Total for Schedule 6 $

Grand Total for Schedules 1 through 6 $

Document No.

140R3021R0024

Document Title

B-4

B.5 Block 31b: CONTRACTING OFFICER

The Contracting Officer is:

Nicholas Clements 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 is 5 years, which consists of one base year and 4 option years.

B.7 TYPE OF CONTRACT

The Government intends to award one firm-fixed price contract.

Part C – Contract Clauses

Document No.

140R3021R0024

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 this/these address(es): Federal Acquisition Regulations (FAR) clauses:

https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc.; and DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70.

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

Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

JUN 2020

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

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representation and Certifications DEC 2014

52.227-14 Rights in Data General MAY 2014

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.232-40 Providing Accelerated Payment to Small Business Subcontractors r DEC 2013 52.242-15 Stop Work Order AUG 1989

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND

CONDITIONS--COMMERCIAL ITEMS

OCT 2018

d. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOV 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.

(End of clause)

b. 52.217-8 OPTION TO EXTEND SERVICES NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to the expiration date.

(End of Clause)

Document No.

140R3021R0024

Document Title

C-2

c. 52.217-9 OPTION TO EXTEND THE TERM OF THE

CONTRACT

MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 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 five years.

d. 1452.201-70 AUTHORITIES AND DELEGATOINS SEPT 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.

e. 1452.203-70 RESTRICTIONS ON ENDORSEMENTS –

DEPARTMENT OF THE INTERIOR

JUL 1996

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This

Document No.

140R3021R0024

Document Title

C-3 restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

f. 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE

INTERIOR

JUL 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, 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.

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(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

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

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

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

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

JUN 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

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(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.

i. 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF

FEB 2017

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical 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.

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

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

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

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S.

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

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives

(including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, Document No.

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

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code:

the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the

Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material.

The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor toany 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.

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Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

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

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

Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

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

(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).

(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016).

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

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(vii) Classified information shall not be disclosed without proper authorization. discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

j. 1452.242-80 POSTWARD CONFERENCE BUREAU OF

JUL 1993

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor’s Project Management shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference Virtual Conference via Microsoft Teams.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated cost for employee attendance at the conference in its offer.

k DOI –AAAP-

INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP)

APR 2013

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

None.

NOTE: On the same date that a contractor inputs their invoice information into IPP, the contractor shall email a copy of the paper invoice directly to the Contract Specialist at mvelarde@usbr.gov. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

FAR 32.905(b) outlines a Proper Invoice to include:

1. Name & address of the Contractor.

2. Invoice date & number.

3. Contract number, contract line item number and, if applicable, the order number.

4. Description, quantity, unit of measure, unit price and extended…

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