140R3023R0026_-Solicitation_W_1449.pdf

Solicitation No. 140R3023R0026 Contract No. TBD Commercial Item Acquisition 100% Set-Aside for Small Business

Quarry Services for Yuma Area Office at Ehrenberg Quarry

U.S. Department of the Interior Bureau of Reclamation

Interior Region 8: Lower Colorado Basin 2023

This page left intentionally blank

Foreword Document No.

140R3023R0026 Document Title

Quarry Services for YAO at Ehrenberg Quarry

FOREWORD

The Department of the Interior, Bureau of Reclamation (Reclamation), Yuma Area Office (YAO) has a requirement for quarry services. The work consists of mobilizing to the designated quarry, processing, and excavating rock into gravel and hauling gravel into Bureau of Reclamation stockpile which sits along the Colorado River.

This solicitation will result in one firm-fixed price type contract for One (1) year. The Government intends to make one award under this solicitation, but it reserves the right to award none at all.

This acquisition is being procured under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services and Part 13, Simplified Acquisition Procedures.

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

NAICS: The North American Industry Classification System code for this acquisition is 212319, Other Crushed and Broken Stone Mining and Quarrying. The small business size standard is 500 Employees.

SITE VISIT: Contractors are urged and expected to inspect the site where the work will be performed. An organized site visit has been scheduled for August 2, 2023, at 8:00 AM Pacific Time. Participants will meet at the Shell Gas Station at 18221 Tom Wells Road, Ehrenberg, AZ 85334. Participants are required to wear long pants, long sleeved shirt, hat, proper footwear for the terrain and to drive a four-wheel drive vehicle. All parties planning to attend the site visit please be sure to follow the instructions. Parties planning to attend the site visit must send the company name and name of the attendees to: Kathleen (Kathy) Berry, Contract Specialist, at kberry@usbr.gov.

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, August 8, 2023. Questions received after that date will not be entertained. ONLY WRITTEN QUESTIONS WILL RECEIVE A RESPONSE. Each question submitted must include the following information: document name, document date, specific page, paragraph, clause or other definitive citation for which clarification is requested. All questions shall be submitted electronically via email to the Contract Specialist, Kathleen (Kathy) Berry at kberry@usbr.gov. No phone call will be accepted. All relevant questions asked, and the answers provided, will be posted as an amendment to this solicitation via SAM-GOV 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, kberry@usbr.gov. Email attachments combined cannot exceed 10MB. If a potential offeror’s submission exceeds 10MB, an email shall be sent to the Contract Specialist and Contracting Officer to request an alternate method for submitting documents. Only written request will be accepted, and the email subject shall clearly state the solicitation number, 140R3023R0026. The written request shall be received at least three (3) business days prior to the due date, any request received less than three (3) days prior may not be able to be accommodated. No paper proposals (hand delivered or mail submission) shall be accepted for this solicitation.

Foreword Document No.

Document Title

Quarry Services for YAO at Ehrenberg Quarry

Table of Contents Document No.

Document Title

Quarry Services for YAO at Ehrenberg Quarry 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 18. Submission of Invoices B-1 B.3 Blocks 19-24. Contract Price Schedule B-1 B.4 Contract Performance Period B-1 B.5 B.6

Type of Contract Contract Price Schedule

B-1 B-2

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. 1452.201-70 Authorities and Delegations C-1

b. 1452.228-70 Liability Insurance – Department of the Interior C-2

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

Bureau of Reclamation C-3

d. 1452.223-81 Safety and Health – Bureau of Reclamation C-4

e. 1452.237-80 Security Requirement – Bureau of Reclamation

f. 1452.242-80 Postaward Conference – Bureau of Reclamation C-5 C-8

g. DOI-AAAP Invoicing and Payment Processing Platform- Department of Interior C-8

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

Interior C-8

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

C-10

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

C-15

a. 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Deviation)

C-15

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 Products and Commercial Services E-1 E.2 Addendum to 52.212-1 Instructions to Offeror-Commercial Products and

Commercial Services E-4

a. Quote Submission Instructions E-4

b. Provisions Incorporated by Reference E-6

c. 1452.215-71 Use and Disclosure of Proposal Information – Department of Interior E-6

E.3 52.212-2 – Evaluation- Commercial Products and Commercial Services E-7 E.4 52.212-3 –Offeror Representations and Certifications- Commercial Products and

Commercial Services E-8

E.5 Addendum to 52.212-3 Representation and Certifications - Commercial Products and Commercial Services

E-21

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

E-21

b. 52.209-7 Information Regarding Responsibility Matters E-23

������� !"�#$"%%$�%&!'()*�+,,!-%.'/%"�0'*'")1'��%&!'(23"%)3�',��%-*)4)$!'(���55�5556

����7����� � ���������

��� 8

��@�A������

�������������e� ��������������������� A�� �����������B�������e 7��� ��;I����:����:6f����

�������� ��C������ �; �����I�6:�D��jkklmjm�nj�ojpqrlnl�srjotu�vwx�vyx�wzx�w{x�|�z}

2'3*1%"�0!$M�~��D5���

�����������������f� ����??��B�������

C������

�A���

����;����;�;�#$)(1)"1�4'�%�!(�$'�1%�!&()$%1��3)""M���������(�)--'"1)(-%�/!$K��$$)-K4%($�;���#$)$%4%($�',���������'"���������F"'13-$E#%"�!-%�0'1%����;.2��������F"'13-$E#%"�!-%�G%�-"!�$!'(��+F�����+~�+ ���������������#���+�G#��#�����#��2��G��#���~G����.���#��������0'($!(3%1����O�WT��T�T�WT�V� ¡Q��¢UUVR£�¢ ¤U¤Q�VS�¥£TTUW�VW�PTRTWWV�¦X

� ����=� 88 �����~!-K'*)��0*%4%($� ����

���C�����

���C������

B�̈�������� C���

�e���

��O¥©ªP¢«��¬�®�̄P«�¢̄ «©Pª�®®©̄¬�X�B?̈�������� C��� B���������

� �C�

���O«¦°T�Q��°�¤�UX���� ����������

������f�������§�f������A�������f������B������f������f��������� �����������������7���

����O®Q��ªQ�U²��WT��S¦X

d̀_Zh_]h�[\]̂ �³́ µ́�¶]i·��̧ģ¹³̧º»¼½¾¿¼ÀÁ½Â�ÁÃ�Äd_�Å�[_]�¶́Æ�a[]º�ÇÈ�̧³̧

�e

������������������f���

��/��0112332445#���� �����������06789:;7<5#���� ��������" �0=>;<:5#!�������#!������

?@ABCADC�EFDG�HIIJ�KDLMN�OPOQHOR�SATU

����������VWXYZW[\]�̂_�V̀\a�bcdW[�bè[f___g_���hig�j[kal�hm�dn�om�p̀dW[ỲX�dn�q[̀ZWX��������rs�̀ttn[f̀stW�eYdl�bdd̀tlpWsd�g�i�jnsd[̀td�u[YtW��������vtlWfkXW��������u[nfktdwvW[ZYtW�jnfW]��xhyz��������u[nfktdwvW[ZYtW�VWat[Y{dYns]�|u}~b�r|��|����������r���b�v��~|bVv��v�~}}�v��z~rV�}v��b�V�~bry�b�v��������VWXYZW[\]�̂_�V̀\a�bcdW[�bè[f___�_���hi��yǹf��eWYql��l̀kX���adnt�{YXW�q[̀ZWX��������rs�̀ttn[f̀stW�eYdl�bdd̀tlpWsd�g�i�jnsd[̀td�u[YtW��������vtlWfkXW��������u[nfktdwvW[ZYtW�jnfW]��xhyz��������u[nfktdwvW[ZYtW�VWat[Y{dYns]�|u}~b�r|��|����������r���b�v��~|bVv��v�~}}�v��z~rV�}v��b�V�~bry�b�v��������VWXYZW[\]�̂_�V̀\a�bcdW[�bè[f___o_���hio�x̀Ysd̀Ys�̀ttWaa�[ǹfa�̀sf�l̀kX�[ǹfa��������jnsdYskWf����

���g�nc�

� ��"� ��#$% #&% #'% #(% #)% #*%+,-.�-/�.--/0��������12�3445673248�9:;<�$;;34<=82;�+�>�?;3;8=82;�5@��������A56B��������C657D4;E?86F:48�'578G��H+I&��������C657D4;E?86F:48�(8J46:K;:52G�LC).$M1LN�L*��������O1POA$Q?R�.L$(?R�?M.))M?R�&.1(P)?R�$N(�.$1IA$Q?��������(8S:F86TG�U-�(3TJ�$@;86�$9367---V-���+>V�H3:2;3:2�6537J�:2J:78�;<8�WD366T��������12�$445673248�9:;<�$;;34<=82;�+�>�?;3;8=82;�5@��������A56B��������C657D4;E?86F:48�'578G��H+I&��������C657D4;E?86F:48�(8J46:K;:52G�LC).$M1LN�L*��������O1POA$Q?R�.L$(?R�?M.))M?R�&.1(P)?R�$N(�.$1IA$Q?��������(8S:F86TG�U-�(3TJ�$@;86�$9367---0-���+>0�C68K368�327�JDX=:;�NL1�;5�)C$��������12�3445673248�9:;<�$;;34<=82;�+�>?;3;8=82;�5@�A56B��������C657D4;E?86F:48�'578G��H+I&��������C657D4;E?86F:48�(8J46:K;:52G�LC).$M1LN�L*��������O1POA$Q?R�.L$(?R�?M.))M?R�&.1(P)?R�$N(�.$1IA$Q?��������(8S:F86TG�+,�(3TJ�$@;86�$9367

� ��YZ[\]\̂]̂Z_]̀\aY ��������������bba�c[]̀ad efghfijk�lm�" �����c[̀����d�Zb�̂̂ \

Part A – SF 1449 Document No.

Document Title

A-2

This page intentionally left blank

Part B – Continuation of SF

Document No.

140R3023R0026

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 Products and Commercial Services and FAR Part 13 – Simplified Acquisition Procedures.

B.2 Block 18: SUBMISSION OF INVOICES

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

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

B.3 Blocks 19 - 24: CONTRACT PRICE SCHEDULE

(a) The quantities stated in the Schedule are “estimated quantities” only. These are based on the Government’s best estimate of the amount of work that will be required under this contract performance period. Payment will only be made for the actual quantities ordered that are performed and approved. No claim shall be made against the Government for variations in the quantities stated.

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

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

B.4 CONTRACT PERFORMANCE PERIOD

The overall contract performance period of this contract will be for 90 days from the date of award.

B.5 TYPE OF CONTRACT

The Government intends to award one Firm Fixed Price contract.

Part B – Continuation of SF

Document No.

140R3023R0026

Document Title

B-2

Continuation of Section B – Price Schedule

Ehrenberg Quarry

Item

No.

Service

Estimated

Quantity

Unit

Unit Price

Total Price

1-1

Standard move-in to designated quarry.

job $ $

1-2 Crush 1- to 4-inch material to gravel size 20,800 tons $ $

1-3

Load, weigh, haul, & stockpile gravel 529,886 ton-miles

1-4 Maintain access roads, and haul roads, that need blading, and watering. (Per miles) 1 mi. $ $

1-5 Maintain roads inside the quarry that need routine blading and water. (Per miles) 3 mi. $ $

1-6 Prepare and Submit NOI to EPA 1 Ea. $ $

Total Price $

Contractor will deliver the gravel as indicated in Item number 1-3 to stockpile site A120.8, 139.4 and A144.2.

Stockpile site A120.8 will have a total of 12,300 ton delivered to it, Stockpile site A139.4 will have a total of 4,250 ton delivered to it and Stockpile site A144.2 will have a total of 4,250 ton delivered to it.

Total tons of gravel delivered will be 20,800 tons out of the Ehrenberg Quarry.

Part C – Contract Clauses

Document No.

140R3023R0026

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 52.203-17 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

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

May 2011

52.204-13 System for Award Management Maintenance October 2018 52.211-16 Variation in Quantity April 1984 52.212-04 Contract Terms and Conditions – Commercial Products and

Commercial Services November 2021

52.242-15 Stop Work Order August 1989

C.2 ADDENDUM TO 52.212-04 CONTRACT TERMS AND

CONDITIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

a. 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;

Document No.

140R3023R0026

Document Title

C-2

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

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

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

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

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

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

(End of Clause)

b. 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE

INTERIOR

JULY 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

$100,000

GENERAL LIABILITY

$500,000 per occurrence

AUTOMOBILE LIABILITY

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

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

Document No.

140R3023R0026

Document Title

C-3

c. 1452.201-80 CONTRACTING OFFICE’S REPRESENTATIVE’S

AUTHORITIES AND LIMITATIONS – BUREAU OF

RECLAMATION

MAY 2018

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

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

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

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

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

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

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

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

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

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

(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.

Document No.

140R3023R0026

Document Title

C-4

(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.”

d. 1452.223-81 SAFETY AND HEALTH – BUREAU OF

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 the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation - Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13).

The RSHS manual shall be obtained at:

http://www.usbr.gov/safety/rshs/index.html

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov

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 RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a modification in accordance with the terms of the contract.

e. 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF

MARCH 2022

(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

Document No.

140R3023R0026

Document Title

C-5 the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer 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 immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

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

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S.

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

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. 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.

Document No.

140R3023R0026

Document Title

C-6

(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 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 SLE 02- 01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or athttp://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution.

Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the

COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic),pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the

Document No.

140R3023R0026

Document Title

C-7 release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

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

(2) Classified Information.

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

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

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

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

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

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

(vii) Classified information shall not be disclosed without proper authorization.

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

Document No.

140R3023R0026

Document Title

C-8

f. 1452.242-80

POSTAWARD CONFERENCE – BUREAU OF

MARCH 2022

(a) Prior to the contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at Via Microsoft Teams or in person. (c) The contracting officer and the contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference. (d) The contractor shall not be entitled to the reimbursement any costs associated with attendance at the conference beyond the agreed-to contract price.

(End of clause)

g. 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:

DO NOT UPLOAD ANY ATTACHMENTS TO IPP.

NOTE: On the same date that a contractor inputs their invoice information into IPP, the contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist/Contracting Officer at kberry@usbr.gov as stated in the award documents, BEFORE the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

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.

h. 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

Document No.

140R3023R0026

Document Title

C-9

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.

(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 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 On Line 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.

Document No.

140R3023R0026

Document Title

C-10

(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 for Government use supporting source selection actions after it has been finalized

(End of Clause)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

JUN 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:

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)).

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).

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).

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

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

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

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 (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (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).

[ ] (5) [Reserved].

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

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

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

Document No.

140R3023R0026

Document Title

C-11

[X] (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of…