140R3021R0027-Solicitation_7-21-21.pdf
PDF 775 KB Posted
- Attached to
- G4 SCIENTIFIC TECH IDIQ Federal contract opportunity
- Solicitation number
- 140R3021R0027
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Page_B-4_0001.pdf | ||
| Amendmennt_0001_0001.pdf | ||
| Questions_and_Answers_0001.pdf | ||
| Page_E-7_and_E-8_0001.pdf | ||
| Page_B-2_0001.pdf | ||
| Sol_140R3021R0027_Amd_0001.pdf | ||
| Attachment_4_-_Subcontracting_Percentage_Worksheet_for_Commercial_Items.pdf | ||
| Attachment_1_PWS.pdf | ||
| Attachment_3_-_PPQ.pdf | ||
| Sol_140R3021R0027.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Solicitation No.
140R3021R0027 Contract No. TBD Commercial Item Acquisition 100% Set-Aside for Small Business
Scientific Technical Services IDIQ
U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2021
This page left intentionally blank
Foreword Document No.
Document Title
Scientific Technical Services
FOREWORD
The Bureau of Reclamation (BOR), Interior Region 8: Lower Colorado Basin, Multi-Species Conservation Program (MSCP) office along with the Glen Canyon Dam Adaptive Management Program (GCDAMP) have a requirement for a scientific peer review of information (document, data models, study plans, proposals, and other forms of scientific information), preparation and/or editing of scientific reports, site reports, study plans, monitoring plans, management plans, field visits, preparation and/or review of hypothesis testing field research studies, analysis of data, development and testing of scientific models, gathering and synthesis of information literature or cartography, preparation of report, and other science related activities.
This solicitation will result in one Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with a 5-year term ordering period starting on or about September 1, 2021. The Government intends to make one IDIQ award under this solicitation, but it reserves the right to award more or none at all. The Government intends to award one task order at time of award.
This acquisition is being procured under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and Part 15, Contracting by Negotiation.
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 Provision 52.212-2 – Evaluation - Commercial Items).
SET-ASIDE: This solicitation is set-aside 100% for Small Businesses.
NAICS: The services to be procured are classified in the North American Industry Classification System code 541620, Environmental Consulting Services, with a small business size standard of $16.5M.
IDIQ VALUE: The proposed IDIQ contract will be for an ordering period of five years from the date of contract award with the cumulative/maximum amount of all delivery/task orders not exceed $2,000,000.00. The minimum order guarantee is $3,000. Delivery/Task Order procedures are identified in F.5 Delivery/Task Order Issuance Procedures.
SERVICE CONTRACT ACT LABOR STANDARDS WAGE DETERMINATION. The wage determination for which the offeror is located will be applicable to this contract for the non-professional labor categories.
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, July 28, 2021. Questions received after that date will not be entertained. ONLY WRITEEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted must include the following information: document name, document date, specific page, paragraph, clause or other definitive citation for which clarification is requested. All questions shall be submitted electronically via email to the Contract Specialist, Diane Rodriguez at DLRodriguez@usbr.gov. All relevant questions asked, and the answers provided, will be posted as an amendment to this solicitation via the SAM-GOV website at www.sam.gov.
OFFER SUBMISSION: For the Date and Time of Offer Submission, See Standard Form 1449. Failure to respond on or before the specified time frame will result in your proposal not being considered for award.
Proposals shall be submitted electronically via email to the Contract Specialist, DLRodriguez@usbr.gov. Email attachments combined cannot exceed 10MB. If a potential offeror’s submission exceeds 10MB, an email shall be sent to the Contract Specialist and Contracting Officer to request an alternate method for submitting documents. Only written request will be accepted, and the email subject shall clearly state the solicitation number, 140R3021R0027. The written request shall be received at least three (3) business days prior to the mailto:DLRodriguez@usbr.gov http://www.sam.gov/ mailto:DLRodriguez@usbr.gov
Foreword Document No.
Document Title 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.
Table of Contents Document No.
Document Title i
TABLE OF CONTENTS
FOREWORD
TABLE OF CONTENTS i-ii
PART A – Solicitation, Contract, Order for Commercial Items (SF-1449) A-1
PART B – Continuation of Blocks from SF 1449 B-1 B.1 Block 14 - Acquisition Method B-1 B.2 Block 16. Government Administration Personnel B-1 B.3 Block 18. Submission of Invoices B-1 B.4 Blocks 19-24. Contract Price Schedule B-1 B.5 Minimum and Maximum Ordering Quantities B-2 B.6 Contract Performance Period B-2 B.7 Ordering Authority B-2 B.8 Task Orders B-3 B.9 Delivery B-4
B.10 Type of Contract B-3 B.11 Commence, Prosecution and Completion of Task Orders 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. 52.216-18 Ordering C-1
b. 52.216-19 Order Limitations C-2
c. 52.216-22 Indefinite Quantity C-2
d. 52.252-6 Authorized Deviation in Clauses C-2
e. 1452.201-70 Authorities and Delegations C-2
f. 1WBR 452.201-80 Contracting Officer’s Representative’s Authorities and
Limitations – Bureau of Reclamation C-3
g. WBR 1452.221-80 Contractor Reimbursable Travel Costs – Bureau of Reclamation
C-4
h. WBR 1452.237-80 Security Requirement – Bureau of Reclamation C-6
i. WBR 1452.252-80 Post Award Conference – Bureau of Reclamation C-10
j. DOI-AAAP Invoicing and Payment Processing Platform- Department of Interior C-10
k. DOI-AAAP Contractor Performance Assessment Reporting System Depart of
Interior C-11
l. Key Personnel C-12 C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders- Commercial Items C-13
PART D – Contract Documents, Exhibits or Attachments D-1 D.1 Applicability of Documents D-1 D.2 List of Attachments D-1
PART E – Provisions E-1 E.1 52.212-1 – Instructions to Offeror-Commercial Items E-1 E.2 Addendum to 52.212-1 Instructions to Offeror-Commercial Items E-4
a. 52.252-1 Provision Incorporated by Reference E-4
b. 1452.215-71 Use and Disclosure of Proposal Information – Department of
Interior E-4
c. 1452.215-81 Proposal Instructions – Bureau of Reclamation E-6
d. 1452.233-02 Service of Protest – Department of Interior E-10
E.3 52.212-2 – Evaluation- Commercial Items E-11
Table of Contents Document No.
Document Title ii
E.4 Addendum to 52.212-2 Evaluation - Commercial Items E-13
a. 1452.225-8 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-24
a. 52.252-1 Provision Incorporated by Reference E-24
b. 52.204-24 Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment E-24
c. 52.209-7 Information Regarding Responsibility Matters E-26
d. 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law E-27
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
X
541620
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORR30
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/20/2021 1400 PD
07/21/2021
7022938368Diane Rodriguez (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R3021R0027
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 0040528392OFFEROR 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
$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.
Delivery: 09/30/2026 Period of Performance: 10/01/2021 to 09/30/2026
00010 Scientific Technical Services IDIQ
SEE SECTION B FOR CONTRACT PRICE SCHEDULES
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Nicholas Clements
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
Part B – Continuation of SF
Document No.
140R3021R0027
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 and Contracting Officer responsible for overall administration of this requirement are:
Diane Rodriguez (LCB-10203) Nicholas Clements (LC-10200 Contract Specialist Contracting Officer Bureau of Reclamation Bureau of Reclamation Lower Colorado Basin Lower Colorado Basin P.O. Box 61470 P.O. Box 61470 Boulder City, NV 89006 Boulder City, NV 89006 Phone: 702-293-8368 Phone: 702-293-8156 E-Mail: DLRodriguez@usbr.gov E-Mail: nclements@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-11. 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 items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.
(b) Under this solicitation, the offeror is required to propose firm-fixed prices that will apply to each of the five (5) ordering periods plus a possible 6-month extension period for each of the labor categories ad line items identified.
(c) Offeror shall complete the firm-fixed price labor rates in the table below.
(d) 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.
(e) This solicitation has five (5) one-year ordering periods plus a possible 6-month extension period.
Each Schedule reflects the labor categories the Government anticipates utilizing during the specified periods.
mailto:DLRodriguez@usbr.gov mailto:nclements@usbr.gov
Document No.
140R3021R0027
Document Title
B-2
ITEM
NO.
SUPLIES/SERVICES UNITS Year One Unit Price 9/1/2021 – 8/31/2022
Year Two Unit Price 9/1/2022 – 8/31/2023
Year Three Unit Price 9/1/2023 – 8/31/2024
Year Four Unit Price 9/1/2024 – 8/31/2025
Year Five Unit Price 9/1/2025 – 8/31/2026
6-Month Extension Unit Price 9/1/2026 – 1/31/2027
1 Project Manager/Principal – Level V Hours 2 Principal Investigator – Level IV Hours 3 Ecologist/Restoration
Ecologist/Wetland Ecologist – Level
IV
Hours
4 Biologist (Aquatic or Terrestrial) – Level IV
Hours
5 Technical Expert Scientist – Level IV Hours 6 Landscape Ecologist/Landscape
Biologist – Level III
7 GIS Analyst – Level III Hours 8 Research Associate/Technical
Scientist – Level III
9 Research Associate/Technical Scientist – Level II
10 Research Associate/Technical Scientist – Level I
11 Technical Editor/Publisher/report writing – Level II
12 Laborer/Field Technician – Level II Hours 13 Environmental Technician/Research
Technician – Level II
14 Travel and Per Diem* Lump Sum
* The reimbursement for travel and per diem will be based on actual expenses incurred in accordance with FAR 31.204.46. Travel will be approved with the issuing of the task order. The Contractor shall submit copies of paid receipts with the invoice.
B.5 MINIMUM AND MAXIMUM ORDERING QUANTITIES (INDEFINITE
DELIVERY, INDEFINITE DELIVERY QUANTITY CONTRACT – BUREAU
OF RECLAMATION
The Government will order, and the contractor shall furnish at least the minimum and not to exceed the following maximum quantity of supplies or services during the term of this contract. Once the Guaranteed Minimum is met, the Government has no further order obligations under this contract.
Guaranteed Minimum Dollar Value over 5 Year Performance Period
Not to Exceed Dollar Value over 5 Year Performance Period
$3,000 $2,000,00.00
B.6 CONTRACT PERFORMANCE PERIOD
The overall contract performance period of this Indefinite Delivery/Indefinite Quantity type contract consists of a five (5) year ordering term which will begin at time of award. Individual orders may be placed as needed any time during the five-year performance term. Each order will specify the tasks to be completed as well as the delivery/completion date. See Clause 52.216-22, Indefinite Quantity for additional information.
B.7 ORDERING AUTHORITY
Any Bureau of Reclamation Contracting Officer whose duty station is the Lower Colorado Basin or the Upper Colorado Basin, acting within the limits of his/her appointed authority under the Department of the Interior’s Contracting Officer’s Warrant System is authorized to issue Task Order under a resultant contract.
Document No.
140R3021R0027
Document Title
B-3
B.8 TASK ORDERS
(a) The Government will order any services to be furnished under this IDIQ contract by issuing individual Task
Orders using the Option Form 347. Task orders may be placed from the Date of Award through the expiration date of August 31, 2026.
(b) Task Orders will be awarded as firm fixed price orders.
(c) Five (5) days prior to the Contractor receiving a Request for Quote (RFQ) for an individual task order, the
Government will send the Contractor all associated documents for a preliminary assessment.
(d) The Optional Form 347 will be issued for each Task Order (TO).
(1) Each TO will contain the following: date of the order, contract number, TO number, verbal authorization information (if issued verbally), accounting and appropriation data, total firm fixed-price award amount, required completion date.
(2) The specific performance work statements and tasks required for the individual task order, special technical requirements, instructions or clearances will be provided with the individual TO.
(3) The contractor shall acknowledge each individual TO in writing within three (3) calendar days after the issuance date. Such acknowledgement can be done electronically and shall be submitted to the individuals identified in the RFQ.
(4) Upon receipt of the TO, if the Contractor considers the specified completion date to be unreasonable or unrealistic for the required effort, the Contractor shall notify the Contracting Officer within ten (10) calendar days.
(e) In the case of an urgent requirement, the Contracting Officer may issue a verbal task order to the
Contractor to begin immediate work on a delivery. This verbal order will be followed up with 24 hours with a written order provided to the Contractor. Each task order will have a statement of work that will specify the tasks to be completed, the specific unit quantities required, the location and the delivery timeframes.
The task orders will be priced in accordance with the firm fixed unit prices specified on the price schedules
(f) Nothing contained in this contract shall prohibit the Government from placing other orders for the same or similar services as those available under this contract.
(g) Warranted Contracting Officers must follow the below process to issue Task Orders under this IDIQ:
(1) Obtain approval from the Contracting Officer or Contract Specialist identified in paragraph B.2 prior to obtaining a proposal. Approval may be obtained via email and must include the IGCE and draft supplemental PWS.
(2) Request a quote from contractor.
(3) Negotiate as necessary.
(4) Document the price reasonableness determination and award decision in accordance with the
Reclamation Acquisition Regulation templates in the Acquisition Template Center.
(5) Task Order shall be awarded using an Optional Form 347 with a task order number (assigned in
PRISM against this IDIQ) and shall include: Points of Contact, a supplemental PWS that includes specifics related to the task order such as submittal addresses, work site information, etc. and additional clauses if necessary.
(6) Report task order data to the Federal Procurement Data System-Next Generation (FPDS-NG).
(7) Award notification and all documents shall be provided to the contract specialist identified in paragraph
B.2 within 10 days of award.
(8) All documents shall be uploaded to ECS in accordance with the Universal Index and the Orders How-
To instructions.
Document No.
140R3021R0027
Document Title
B-4
B.9 DELIVERY
(b) When task orders are placed, the Contractor may propose, at no additional cost to the Government, alternate delivery schedules that time wise are more favorable to the Government. All requests for alternate delivery schedules must be submitted in writing to the Contracting Officer and approved by the Contracting Officer’s Representative.
(c) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs unless authorized by a duly executed Task Orders.
(e) Task Orders may be modified by the Contracting Officer using Standard Form 30.
(f) Each task order will include the date of the order, task order number, accounting and appropriation data, a statement of work identifying the place and period of performance, quantities of work ordered, and other additional requirements or instructions.
B.10 TYPE OF CONTRACT
The Government intends to award one Indefinite Delivery / Indefinite Quantity.
B.11 COMMENCEMENT, PROSECUTION AND COMPLETION OF TASK ORDERS
(a) The performance of additional services, not specifically identified at this time, to be furnished under this contract shall be made only as authorized by individual task orders issued in accordance with terms in paragraphs C.2.a. - 52.216-18 Ordering & C.2.b. - 52.216-19 Order Limitations.
(b) The contractor shall be required to (1) commence work under each individual task order within the time frame stated in the task order, (2) prosecute the work diligently, and (3) complete the entire work no later than the date specified in each task order.
This page intentionally left blank
Part C – Contract Clauses
Document No.
140R3021R0027
Document Title
C-1
PART C – CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:
Federal Acquisition Regulations (FAR) clauses – https://www.acquisition.gov/far Department of the Interior Acquisition Regulations (DIAR) clauses – http://www.doi.gov/pam/programs/acquisition/pamareg.cfm
The following referenced clauses are hereby incorporated into and made a part of this contract.
Clause Title Date 52.203-3 Gratuities April 1984 52.203-19 Prohibition on Requiring Certain Internal Confidentially
Agreements or Statements January 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
May 2011
52.204-13 System for Award Management Maintenance October 2018 52.212-4 Contract Terms and Conditions – Commercial Items October 2018 52.232-40 Providing Accelerated Payment to Small Business Subcontractors December 2013 52.242-15 Stop Work Order August 1989
C.2 ADDENDUM TO 52.212-04 CONTRACT TERMS AND
CONDITIONS--COMMERCIAL ITEMS
a. 52.216-18 ORDERING AUGUST 2020
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through August 31, 2026.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmit the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor, or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(h)Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
b. 52.216-19 ORDER LIMITATIONS OCTOBER 1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those https://www.acquisition.gov/far http://www.doi.gov/pam/programs/acquisition/pamareg.cfm
Document No.
140R3021R0027
Document Title
C-2 supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of the Not to Exceed Dollar Value $300,000.00
(2) Any order for a combination of items in excess of the Not to Exceed Dollar Value $2,000,000.00 or
(3) A series of orders from the same ordering office within 1825 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
c. 52.216-22 INDEFINITE QUANTITY OCTOBER 1995
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract beyond 90 days of the contract’s ordering period expiration date.
d. 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
Document No.
140R3021R0027
Document Title
C-3
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. WBR 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.
Document No.
140R3021R0027
Document Title
C-4
(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.”
f. WBR
1452.231-80
CONTRACTOR REIMBURSABLE TRAVEL COSTS –
BUREAU OF RECLAMATION
SEPTEMBER 2003
(a) In addition to the requirements of the allowable cost and payment clauses of this contract, claimed costs for transportation, lodging, meals, and incidental expenses are allowable subject to the limitations contained in the following paragraphs.
(b) If this contract is with a commercial organization, Federal Acquisition Regulation (FAR) 31.205-46 governs the allowability of travel costs.
(1) Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the:
-- Federal Travel Regulation (FTR), prescribed by the General Services Administration, for travel in the Contiguous United States, available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402, Stock No. 022-001-810003-7; (For travel costs incurred after December 31, 1998, the contractor may choose to satisfy the limitation on allowable travel costs by using either the FTR maximum per diem rates and definitions of lodging, meals, and incidental expenses in effect on December 31, 1998, or by using
Document No.
140R3021R0027
Document Title
C-5 the revised FTR rates and definitions that became effective January 1, 1999; provided however, that the contractor must make one uniform selection for all relevant contracts.)
-- Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the United States, available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 908-010- 00000-1; or -- Standardized Regulations (government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in subparagraph (b)(1) above, available on a subscription basis from the Superintendent of Documents, U.S.
Government Printing Office, Washington DC 20402, Stock No. 744-008-00000-0.
(2) Contractors may choose to be compensated for travel by using the Government per diem rate or the actual expenses method. Payment under either method chosen cannot exceed the maximum per diem rate in subparagraph (b)(1) of this clause unless the contractor receives advance approval by the contracting officer under the conditions in FAR 31.205-46(a)(3). Such costs are subject to the limitations stated herein, and the method used must result in a reasonable charge.
(i) If the per diem rate is chosen, the contractor is required to provide receipts for transportation, lodging, and any other expenditures on the contractor's invoice which are in excess of $75.00.
(ii) If the actual cost method is chosen, the contractor must provide supporting documentation and receipts to support actual costs incurred for all expenditures.
(3) Airfare costs in excess of the lowest customary standard, coach, or equivalent airfare offered during normal business hours are unallowable except when such accommodations require circuitous routing; require travel during unreasonable hours; involve excessively prolonged travel; result in increased savings that would offset transportation costs; are not reasonably adequate for the physical or medical needs of the traveler; or are not reasonably available to meet mission requirements. Any airfare costs in excess of the above standard must be documented and justified to be allowable.
(c) If this contract is with an educational institution, Office of Management and Budget (OMB) Circular No. A-21, Cost Principles for Educational Institutions, governs the allowability of travel costs.
(1) Costs incurred by employees and officers for lodging, other subsistence, and incidental expenses, shall be considered reasonable and allowable only to the extent such costs do not exceed charges normally allowed by the institution in its regular operations as a result of an institutional policy and the amounts claimed represent reasonable and allocable costs.
(2) Such costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip, results in reasonable charges, and is in accordance with the institution’s travel policy and practices consistently applied to all institutional travel activities.
(3) Airfare costs in excess of the lowest available commercial discount airfare or customary standard (coach or equivalent) airfare are unallowable except when such accommodations require circuitous routing; require travel during unreasonable hours; excessively prolong travel; greatly increase the duration of the flight; result in increased cost that would offset transportation savings; or offer accommodations not reasonably adequate for the medical needs of the traveler. In order for airfare costs in excess of the customary standard commercial airfare to be allowable, e.g., use of first-class airfare, the institution must justify and document the applicable condition(s) set forth above.
(d) If this contract is with a State, local, or federally recognized Indian tribal government, Office of management and Budget (OMB) Circular No. A-87 governs the allowability of travel costs.
Document No.
140R3021R0027
Document Title
C-6
(1) Travel costs are allowable for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business incident to this contract.
(2) Such costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip, and results in charges consistent with those normally allowed in like circumstances in nonfederal activities.
(3) The difference in cost between first-class air accommodations and less-than-first-class air accommodations is unallowable except when less-than-first-class air accommodations are not reasonably available.
(e) If this contract is with a nonprofit organization, Office of Management and Budget (OMB) Circular No. A-122 governs the allowability of travel costs.
(1) Travel costs for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business are allowable when they are directly attributable to specific work under the contract or are incurred in the normal course of administration of the organization.
(2) Such costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used results in charges consistent with those normally allowed by the organization in its regular operations.
(3) The difference in cost between first-class air accommodations and less-than-first-class air accommodations is unallowable except when less-than-first-class air accommodations are not reasonably available to meet necessary mission requirements, such as where less-than-first-class accommodations require circuitous routing;
require travel during unreasonable hours; greatly increase the duration of the flight; result in additional costs which would offset the transportation savings; or offer accommodations which are not reasonably adequate for the medical needs of the traveler.
(4) Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the contracting officer. Each separate foreign trip must be approved. For purposes of this clause, foreign travel is defined as any travel outside of Canada and the United States and its outlying areas. However, for an organization located in foreign countries, the term “foreign travel” means travel outside that country.
(f) The contractor is required to make a good faith effort to obtain the lowest possible airfare in accordance with the foregoing applicable paragraph. This effort can be accomplished by a professional travel representative or an employee of the contractor. The contractor should be prepared to defend any contractor-acquired airfare charges if the Government questions invoiced airfare charges as not being the lowest.
(End of clause
g. WBR 1452.237-80
SECURITY REQUIREMENTS – BUREAU OF
RECLAMATION
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
Document No.
140R3021R0027
Document Title
C-7 employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO.
If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.
(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.
(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.
(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.
(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.
(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.
(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.
(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S.
citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.
Document No.
140R3021R0027
Document Title
C-8
(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives
(including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.
(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.
(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.
(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.
(b) Information Security Requirements.
(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code:
the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.
(i) Any Government-furnished information or material does not become the property of the
Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .