140R3023R0013_RFP_Final.pdf

Solicitation No. 140R3023R0013 Contract No. TBD 100% Set-Aside for Small Business

Heat Exchanger Recondition and Supply - IDIQ

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2023

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Table of Contents Document No.

140R3023R0013

Document Title

Heat Exchanger Recondition and Supply - IDIQ i

FOREWORD

This solicitation will result in an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with a 5-year term ordering period starting on the date of award. The government intends to make two awards under this IDIQ solicitation, but it reserves the right to award more, less, or none at all. The Government estimates that during this 5-year term that a quantity of at least 1 (one) Heat Exchanger will need to be reconditioned per year. The Government reserves the right to exceed the estimated buy quantity provided that the maximum dollar value of all units purchased during the entire 5-year term, does not exceed five million dollars ($5,000,000).

The Government intends to award contracts without discussion with Offerors. The award decision will be based on the Offeror’s initial proposal. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. Reference the provisions in Section E that include General, Technical, and Pricing Proposal Instructions and Evaluation Factors for Award.

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Document Title ii

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 18 - Submission of Invoices B-1 B.3 Block 19-24 – Contract Price Schedule B-1 B.4 Minimum and Maximum Ordering Quantities B-2 B.5 Contract Performance Period B-3 B.6 Ordering Authority B-3 B.7 Delivery Order Issuance Procedures B-3 B.8 Delivery Information B-4 B.9 Type of Contract B-5

B.10 Government Administration B-5

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 Products and

Commercial Services 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. 52.219-14 – Limitations on Subcontracting (Deviation Oct 2022) C-3

e. 1452-201-70 – Authorities and Delegations C-4

f. 1452.201-80 – Contracting Office’s Representative’s Authorities and Limitations –

Bureau of Reclamation C-5

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

h. DOI-AAP-0028 – Invoice and Payment Requirements-Invoice Processing

Platform (IPP).

C-7

i. DOI-AAP-0050 – Contractor Performance Assessment Reporting System C-7 C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Products and Commercial Services C-9

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 – Solicitation Provisions E-1 E.1 52.252-1 Provision Incorporated by Reference E-1 E.2 Addendum to 52.212-1 Instructions to Offerors – Commercial Products and

Commercial Services E-1

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

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

Interior E-2

c. 1452.233-02 – Service of Protest – Department of the Interior (Deviation) E-3 E.3 52.212-2 – Evaluation – Commercial Products and Commercial Services E-3

Document Title iii

E.4 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services

E-6

E.5 Addendum to 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services

E-16

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

E-16

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

332410

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR30

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/15/2023 1600 PD

08/28/2023

9283438136Virginia Toledo (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R3023R0013

5. SOLICITATION NUMBER

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

1 2 0040611315OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boulder City NV 89005

TELEPHONE NO.

17a. CONTRACTOR/

Boulder City NV 89005-0400 State Route 172 Hoover Dam Central Warehouse Bureau of Reclamation-LC-Hoover Dam

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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.

Project Title: Heat Exchanger Recondition and Supply - IDIQ Delivery: 09/30/2028 Period of Performance: 10/01/2023 to 09/30/2028

00010 Heat Exchanger Recondition and Supply IDIQ - 5 Year Ordering Period Product/Service Code: 4420 Product/Service Description: HEAT EXCHANGERS AND Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Virginia Toledo

. 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.

STEAM CONDENSERS

**SUBMIT ALL QUESTIONS VIA EMAIL TO VIRGINIA

TOLEDO, CONTRACTING OFFICER AT VTOLEDO@USBR.GOV

BY SEPTEMBER 1, 2023 @ 2PM PDT

**SUBMIT YOUR PROPOSALS TO VIRGINIA TOLEDO VIA

EMAIL AT VTOLEDO@USBR.GOV NO LATER THAN SEPTEMBER

15, 2023 @ 4PM PDT

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Part B – Continuation of SF

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PART B—CONTINUATION OF BLOCKS FROM STANDARD FORM 1449

B.1 ACQUISITION METHOD

This acquisition is being solicited as a Request for Proposal (RFP) in accordance with the procedures set forth in FAR Part 12 - Acquisition of Commercial Products and Commercial Services and FAR Part 15 – Contracting by Negotiation.

B.2 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 payments will be made in accordance with the Prompt Payment Act.

B.3 CONTRACT PRICE SCHEDULE

This solicitation will result in an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with a 5-year term ordering period starting on the date of award. The government intends to make two awards under this IDIQ solicitation, but it reserves the right to award more, less, or none at all. The Government estimates that during this 5-year term that a quantity of at least 1 (one) Heat Exchanger will need to be reconditioned per year. Reference Attachment (1) Base Contract-Statement of Work/Specifications for a sample of the different types of Heat Exchangers. The Government reserves the right to exceed the estimated buy quantity provided that the maximum dollar value of all units purchased during the entire 5-year term, does not exceed five million dollars ($5,000,000).

For award pricing evaluation purposes, offeror’s unit pricing should assume that Delivery Order Number 1 will be issued at time of contract award. The total evaluated price will be calculated by summing the total line pricing of Lines 0001 through 0007.

Note: Price will be determined by competitive delivery orders.

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Price Schedule for Delivery Order 1 – Davis Dam

Line Item

Supplies/Services Quantity Unit Unit Price Total

0001 Fabricate vertical generator air housing surface air coolers (Drawing P-8244228), Delivery 90 days ARO

5 Each $ $

0002 Fabricate horizontal ventilation surface air coolers (Drawing CC 1-6), Delivery 90 days ARO

2 Each $ $

0003 Fabricate Horizontal ventilation surface air coolers (Drawing CC-2), Delivery 90 days ARO

6 Each $ $

0004 Fabricate horizontal ventilation surface air coolers (Drawing CC -3) Delivery 90 days ARO

2 Each $ $

0005 Fabricate horizontal ventilation surface air coolers (Drawing CC-4) Delivery 90 days ARO

2 Each $ $

0006 Fabricate horizontal ventilation surface air coolers (Drawing CC-5) Delivery 90 days ARO

2 Each $ $

0007 Fabricate horizontal exciter surface air coolers (Drawing CC-EC1) Delivery 90 days ARO

5 Each $ $

Total $

B.4 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 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

$1,000.00 $5,000,000.00

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B.5 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 delivery orders may be placed as needed any time during the five-year performance term. Each order will specify the deliveries to be completed as well as the delivery/completion date. See Clause 52.216-22, Indefinite Quantity for additional information.

B.6 ORDERING AUTHORITY

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

B.7 DELIVERY ORDER ISSUANCE PROCEDURES

(a) General. Delivery Orders will be issued under this contract in the form and manner set forth below.

(1) Delivery orders will be issued on a fair opportunity basis.

(2) Delivery orders will be issued on a Firm-Fixed Price basis.

(3) Work under this contract will be ordered by individual orders issued on Optional Form (OF) 347 (Order for Supplies or Services) to the Contractor by any Lower Colorado Region Contracting Officer having the appropriate warrant authority. In the case of an urgent requirement, the Contracting Officer may issue written notice to the Contractor to begin immediate work under a delivery order.

(b) Fair Opportunity. Competition for issuance of Delivery Orders is limited to those awardees under this IDIQ contract. If multiple IDIQ contracts are awarded, each awardee shall be provided a fair opportunity for delivery orders in accordance with FAR 16.505(b)(1), unless the Contracting Officer determines that one of the exceptions at FAR 16.505(b)(2) applies. If multiple IDIQ contracts are awarded, Delivery Order Ombudsman is:

Diana Terell, Denver Federal Center, 6Th & Kipling 25007 Denver CO 80225 United States; telephone: 303- 445-2349; email: dterrell@usbr.gov .

It is anticipated that there is an expectation that Contractors are to compete for all the work forthcoming under this contract. If the Contractor is unable to compete for the delivery order, the Contractor shall provide a no proposal response to the Contracting Officer and provide reason for inability to compete.

(e) Order Placement Procedures.

(1) The Government will issue a written request for proposal (RFP) electronically via e-mail which will include the proposed Statement of Work (SOW) and the due date for receipt of proposals. All other terms and conditions will be contained in the basic contract. However, any minor/pertinent changes to these terms and conditions, including applicable fill-ins for certain clauses and additional contract direction or details specifically pertaining to the delivery order, will also be identified in the RFP and incorporated into the individual delivery order.

Contractors must acknowledge receipt of each RFP. Contractors are also required to notify the Contract Specialist within 2 days of receipt of an RFP if the firm cannot or will not propose on a delivery order. Receipt of the proposals after the specified time and date set by the Contracting Officer may result in the Proposal not being considered for award.

(2) Unless the Contracting Officer applies the fair opportunity exceptions, each delivery order will be awarded, as a result of competition to the contractor whose offer is the best value to the Government considering the evaluation criteria specified in the delivery order. RFPs will state the specific evaluation factors for each order and, when applicable, the relative importance of the evaluation factors. The Government reserves the right to use procedure(s) that are best suited to the circumstances of the contract action to fulfill the Government’s requirements.

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A Delivery Order will be issued to the IDIQ Contractor(s) who can provide the required Heat Exchangers at the most favorable price and in accordance with the Statement of Work. Multiple Delivery Orders may be issued, based on the result of the proposals received at the time of each request throughout the IDIQ performance period.

(3) If delivery is an evaluation factor, a proposal must meet the Government’s expressed requirement for delivery as stated in the RFP/SOW or it may be considered non-responsive. The proposal should indicate the contractor’s compliance with the stated delivery date for the supplies or identify the date the supplies will be delivered (if delivery is an evaluation factor).

(4) Contractors are expected to examine the SOW, and all drawings. Failure to do so will be at the

Offeror’s risk.

(5) A proposal shall not include any terms and conditions that would conflict with the contract terms and conditions; otherwise, the proposal may be considered non-responsive.

(6) After evaluation of the proposals have been completed, the proposal which offers the best value to the

Government will be awarded the delivery order. In cases where price is the only evaluation factor, the proposal which offers the lowest price to the Government will be awarded the delivery order, subject to a positive determination that such proposed price is fair and reasonable.

B.8 DELIVERY INFORMATION

(a) Delivery location will be specified in individual delivery orders:

(1) All supplies or equipment required under this contract for Hoover Dam shall be shipped FOB destination to the following address:

Department of the Interior U.S. Bureau of Reclamation Lower Colorado Dams Facilities Office Hoover Dam Central Warehouse South U.S. Highway 93, SR 172 Boulder City, NV 89005

Deliveries will be accepted between 7:30 a.m. to 3:30 p.m., Pacific Time, Monday through Friday only. Point of contact for delivery information will be provided upon award of individual delivery orders.

(2) All supplies or equipment required under this contract for Davis Dam shall be shipped FOB destination to the following address:

Department of the Interior U.S. Bureau of Reclamation Davis Dam Field Division Bullhead City, AZ 86429

Deliveries will be accepted between 7:30 a.m. to 3:30 p.m., Pacific Time, Monday through Friday only. Point of contact for delivery information will be provided upon award of individual delivery orders.

(3) All supplies or equipment required under this contract for Parker Dam shall be shipped FOB destination to the following address:

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Department of the Interior U.S. Bureau of Reclamation Parker Dam Field Division Highway 95 Parker, CA 92267

Deliveries will be accepted between 7:30 a.m. to 3:30 p.m., Pacific Time, Monday through Friday only. Point of contact for delivery information will be provided upon award of individual delivery orders.

B.9 TYPE OF CONTRACT

From this solicitation, the Government intends to make two contract awards with fixed price rates under this IDIQ solicitation, but it reserves the right to award more, less, or none at all.

B.10 GOVERNMENT ADMINISTRATION

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

Virginia Toledo (LCB-10303) Contract Specialist Bureau of Reclamation Lower Colorado Basin 7301 Calle Agua Salad Yuma AZ 85364 Phone: 928-343-8136 E-Mail: vtoledo@usbr.gov

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Part C – Contract Clauses

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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

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

Clause Title Date 52.203-03 Gratuities April 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentially Agreements or Statements

January 2017

52.204-04 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-13 System for Award Management Maintenance October 2018 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-27 Prohibition on a Bytedance Covered Application June 2023 52.212-04 Contract Terms and Conditions – Commercial Products and

Commercial Services

December 2022

52.242-15 Stop Work Order August 1989

C.2 ADDENDUM TO 52.212-04 CONTRACT TERMS ANDCONDITIONS--

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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 contract award through the 5-year performance period.

(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) 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 transmits 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.

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

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b. 52.216-19 ORDER LIMITATIONS OCTOBER 1995

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

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

(1) Any order for a single item in excess of $5,000,000;

(2) Any order for a combination of items in excess of $5,000,000; or

(3) A series of orders from the same ordering office within 1826 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 15 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.

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d. 52.219-14 Limitations on Subcontracting (Deviation OCT 2022) OCTOBER 2022

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

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(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

__ By the end of the base term of the contract and then by the end of each subsequent option period; or _X_ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

e. 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

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(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representatives(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority.

The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(End of Clause)

f. 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.

(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

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(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.”

g. WBR

1452.223-81

SAFETY AND HEALTH – BUREAU OF

RECLAMATION

OCTOBER 2022

(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 an employee’s health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation’s Reclamation Safety and Health Standards (RSHS) and, if incorporated, 52.236-13 Accident Prevention.

The RSHS manual shall be obtained at: http://www.usbr.gov/safety/rshs/index.html

(c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health Administration (OSHA), 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, or in the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail.

(e) If required in the SOW or PWS, 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) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract.

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h. DOI –AAAP-

INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP)

APRIL 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 company paper invoice directly to the Contract Specialist/Contracting Officer identified on the delivery order. 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 price of the items delivered.

5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading.

6. Terms of any discount for prompt payment offered.

7. Name and address of official to whom payment is to be sent.

8. Name, title, and phone number of person to notify in event of defective invoice.

9. Any other information or documentation required by the contract.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

i. DOI –AAAP-

CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM

DECEMBER 2015

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) DOI will utilize the Primary and Alternate Points of Contact shown in Central Contractor Registration (CCR) as the past performance contacts for your company that will be notified to complete the performance evaluation on behalf of your firm. If you have not yet designated Past Performance Points of Contact in CCR, we recommend that you do so, and request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 calendar days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of the performance period(s) specified in paragraph (a), the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and

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C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

JUNE 2023

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (NOV 2021) ( 41U.S.C.4704 and 10 U.S.C. 2402).

[_] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

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[_] (5) [Reserved].

[_] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

[X] (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

[X] (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[_] (11) [Reserved].

[_] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[_] (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[_] (14) [Reserved]

[X] (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[_] (ii)…