140R3024R0019_RFP.pdf

Solicitation No. 140R3024R0019

Contract No. TBD

Total Small Business Set Aside

Commercial Products Acquisition

Transformer Materials and Oil

Processing IDIQ - Multiple-Award

Indefinite Delivery / Indefinite Quantity (IDIQ) for Hoover Dam

U.S. Department of the Interior

Bureau of Reclamation

Interior Region 8: Lower Colorado Basin

This page intentionally left blank.

TABLE OF CONTENTS Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Oil Processing IDIQ

Page A-1

TABLE OF CONTENTS

PART A – Standard Form (SF) 1449 – Solicitation/Contract Order for Commercial Items

PART B - CONTINUATION OF BLOCKS FROM SF-1449

PART B - Continuation of Blocks from SF-1449

a. Block 14: Method of Solicitation B-1

b. Block 17a: Contractor’s Administration Personnel B-1

c. Blocks 19 through 24 – Schedule of Supplies/Services B-1

d. Performance Period B-2

PART C - CONTRACT CLAUSES

PART C – Contract Clauses

C.1 52.252-2 Contract Clauses Incorporated by Reference C-1

C.2 Addendum to 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services

C-2

a. 52.211-11 Liquidated Damages – Supplies, Services, or Research and

Development

C-2

b. 52.215-21 ALT IV Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data – Modifications - Alternate IV

C-2

c. 52.216-18 Ordering C-3

d. 52.216-19 Order Limitations C-3

e. 52.216-22 Indefinite Quantity C-3

f. 52.216-32 Task-Order and Delivery-Order Ombudsman C-4

g. 52.252-6 Authorized Deviations in Clauses C-4

h. 1452.201-70 Authorities and Delegations – Department of the Interior C-5

i. 1452.228-70 Liability Insurance – Department of the Interior C-6

j. DOI-AAAP-0050 V2 Notice to Contractors – Contractor Performance

Assessment Reporting System

C-6

k. WBR 1452.201-80 Contracting Officer’s Representative Authorities and

Limitations – Bureau of Reclamation

C-8

l. WBR 1452.209-82 Prohibition on Release of Information – Bureau of

Reclamation

C-9

m. WBR 1452.223-81 Safety and Health – Bureau of Reclamation C-9

n. 1452.223-82 Ensuring Adequate COVID-19 Safety Protocols in Federal

Buildings and Federally Controlled Facilities – Bureau of Reclamation

C-10

o. 1452.231-80 Reimbursement of Travel Expenses – Bureau of Reclamation C-10

p. 1452.232-80 Limitation on Funds – Fixed Price Contract – Bureau of

Reclamation

C-11

q. WBR 1452.237-80 ALT III Security Requirements – Bureau of Reclamation –

Alternate III

C-12

r. WBR 1452.424-80 Postaward Conference – Bureau of Reclamation C-20

C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders - Commercial Products and Commercial Services

C-20

C.4 Electronic Invoicing and Payment Requirements - Internet Payment Platform C-26

TABLE OF CONTENTS Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page A-2

(IPP)

PART D – CONTRACT DOCUMENTS EXHIBITS OR ATTACHMENTS

PART D - Contract Documents, Exhibits or Attachments

D.1 List of Attachments D-1

PART E – SOLICITATION PROVISIONS

(This part will be removed after award.)

PART E – Solicitation Provisions

E.1 52.252-1 Solicitation Provisions Incorporated by Reference E-1

E.2 Addendum to 52.212-1 Instruction to Offerors – Commercial Products and

Commercial Services

E-2

a. Proposal Instructions E-2

b. Multiple Offers E-6

c. Multiple Awards E-6

d. Basis of Award E-6

E.3 52.212-2 Evaluation – Commercial Products and Commercial Services Products and Commercial Services

E-7

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

Commercial Services

E-8

E.5 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

E-21

E.6 52.204-26 Covered Telecommunications Equipment or Services-Representation E-23

E.7 52.209-5 Certification Regarding Responsibility Matters E-24

E.8 52.209-7 Information Regarding Responsibility Matters E-25

E.9 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law

E-26

E.10 52.216-1 Type of Contract E-27

E.11 52.225-18 Place of Manufacture E-27

E.12 52.225-2 Buy American Certificate E-28

E.13 52.252-5 Authorized Deviations in Provisions E-28

E.14 1452.215-80 Source Selection Evaluation Procedures – Bureau of Reclamation E-29

E.15 1452.215-86 Intent to Incorporate Technical Proposal – Bureau of Reclamation E-29

E.16 1452.215-87 Incorporation of Technical Proposal – Bureau of Reclamation E-30

E.17 1452.233-2 Service of Protest – Department of the Interior (2006) (Deviation) E-30

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

Boulder City NV 89005 500 Fir Street Lower Colorado Region - Regional Office Bureau of Reclamation

CODE 16. ADMINISTERED BYCODE

X

X

X

335311

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR30

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/14/2024 1500 PD

07/16/2024

7022938452Bryan Williamson (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R3024R0019

5. SOLICITATION NUMBER

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

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

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 FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Project Title: Transformer Materials and Oil Processing - IDIQ Period of Performance: 10/01/2024 to 09/30/2029

00010 Transformer Materials and Oil Processing IDIQ - 5 Year Ordering Period Product/Service Code: 5950 Product/Service Description: COILS AND

TRANSFORMERS

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Luis Gallardo

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

** SUBMIT ALL QUESTION VIA EMAIL TO BRYAN

WILLIAMSON, CONTRACT SPECIALIST AT

BWILLIAMSON@USBR.GOV BY AUGUST 01, 2024 @ 3PM PDT

***SUBMIT YOUR PROPOSALS TO BRYAN WILLIAMSON VIA

EMAIL AT BWILLIAMSON.GOV NO LATER THAN AUGUST 14,

2024 @ 3PM PDT

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Part B – Continuation of

Blocks from SF-1449

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page B-1

PART B – CONTINUATION OF BLOCKS FROM SF 1449

a. Block 14: Method of Solicitation

This acquisition is being conducted in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services, as a combination of FAR Part 12 and FAR Part 15, Contracting by

Negotiation.

b. Block 17a: Contractor’s Administration Personnel

Name: ________________________________________________

Title: _________________________________________________

Address: ______________________________________________

City/State/Zip: _________________________________________

Telephone No: _________________________________________

E-mail.: ______________________________________________

(Complete and submit with Proposal)

c. Blocks 19 through 24: Schedule of Supplies/Services

Price Schedule

Price schedules will be included within each Delivery Order.

*** To be determined on individual delivery order

NOTE: In lieu of completing the Schedule above for IDIQ contract award price evaluation/consideration, offerors must complete and submit Attachment 3 for Delivery Order 1. See solicitation Section E.2.a. for pricing proposal instructions and solicitation Section E.3 for discussion of Price as an evaluation factor.

(a) The Offeror shall complete Attachment 3 Price Schedule as a Firm-Fixed Price (FFP) lump sum for Contract Line Item Number (CLIN 00010), by filling out the yellow cell in Price Schedule tab

“CLIN Values (To Be Filled Out), and providing detail in Price Schedule tab "CLIN Price Build-Up".

The Offeror shall limit all prices to the nearest whole dollar. Any fractions of a whole dollar will be truncated at the time of award (e.g., 1.5 or 1.02 will be awarded as 1).

Fixed Price Schedules

Item No. Schedule of Supplies/Services

Quantity Estimated Quantities

Unit of Measure

Unit Price

Extended Amount

*0001 *TBD *TBD *TBD *TBD *TBD *TBD

*0002 *TBD *TBD *TBD *TBD *TBD *TBD

*0003 *TBD *TBD *TBD *TBD *TBD *TBD

*0004 *TBD *TBD *TBD *TBD *TBD *TBD

*0005 *TBD *TBD *TBD *TBD *TBD *TBD

*0006 *TBD *TBD *TBD *TBD *TBD *TBD

Total for Schedule *TBD

Part B – Continuation of

Blocks from SF-1449

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page B-2

(b) CLIN 00020 Travel is a not-to-exceed (NTE) amount provided by the Government and does not require the Offeror to propose a price. The NTE value for travel shall be included in the total proposed price. The Contractor shall be reimbursed for direct costs in accordance with FAR 31.205-46 for transportation, lodging, and meal per diem. Reclamation will reimburse for personal vehicle mileage to and from the airport at the current rate established by GSA for domestic travel. Supporting documentation at the time of invoicing for CLIN 00020 shall include a copy of documents associated with items being invoiced for and for any travel charges an itemized break down of all travel costs with receipts for any cost of $75.00 or greater.

(c) An Offeror proposing prices on only one schedule or part of a schedule or schedules will not be considered for award.

(d) Additional pricing information shall be required as part of the Offeror’s proposal. See Section

E.2 for more information.

d. Performance Period

The overall IDIQ(s) ordering period of this contract is 5 years from the time of the IDIQ award(s).

The performance period of each delivery order will be established individually at the time of solicitation.

Delivery Order #1 performance period is 12 months from the time of award, not to exceed 365 calendar days.

Part C – Contract

Clauses

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-1

PART C – CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

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

Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc.; and

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70.

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

Clause Title Date

52.203-3 Gratuities APR 1984

52.203-12 Limitations on Payments to Influence Certain Federal

Transactions

JUN 2020

52.203-14 Display of Hotline Poster(s) NOV 2021

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

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-4 Contract Terms and Conditions-Commercial Products and

Commercial Services

NOV 2023

52.215-8 Order of Precedence – Uniform Contract Format OCT 1997

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020

52.223-3 Alt I Hazardous Material Identification and Material Safety Data –

Alternate I (JUL 1995)

FEB 2021

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

JUN 2020

52.228-5 Insurance – Work on a Government Installation JAN 1997

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts for Prompt Payment FEB 2002

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.242-13 Bankruptcy JUL 1995 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/diar

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-2

Clause Title Date

52.242-15 Stop-Work Order AUG 1989

52.246-2 Inspection of Supplies – Fixed-Price AUG 1996

52.246-4 Inspection of Services – Fixed-Price AUG 1996

52.246-16 Responsibility for Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

1452.204-70 Release of Claims – Department of the Interior JUL 1996

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

a. 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT

SEP 2000

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of

$1,000.00 per calendar day of delay, starting at the eleventh day after notice is given to Contractor to return to site to begin vacuum filling and oil processing of removed transformer oil. This amount is specific to Attachment 2 Delivery Order 1 KA3A KA5A Transformer Materials SOW. Future delivery orders may specify a different amount, if applicable.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the

Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

b. 52.215-21

ALT IV

REQUIREMENTS FOR COST OR PRICING

DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA – MODIFICATIONS -

ALTERNATE IV

OCT 2010

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: (TO BE SPECIFIED IN EACH INDIVIDUAL DELIVERY

ORDER)

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-3

c. 52.216-18 ORDERING OCT 1995

(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 the 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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

d. 52.216-19 ORDER LIMITATIONS OCT 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, 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 $2,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) 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.

(End of Clause)

e. 52.216-22 INDEFINITE QUANTITY OCT 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.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Oil Processing IDIQ

Page C-4

(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 after the delivery for any task order issued within the ordering period under this contract has been fulfilled.

(End of Clause)

f. 52.216-32 TASK-ORDER AND DELIVERY-ORDER

OMBUDSMAN

SEP 2019

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the

Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

The delivery order Ombudsman is: Tiffany Harvey, 1849 C ST NW, Room 4247, Washington, DC 20240

United States; telephone: 202-513-7541; email: tiffany_harvey@ios.doi.gov.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Clause)

g. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOV 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48

CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-5

h. 1452.201-70 AUTHORITIES AND DELEGATIONS –

DEPARTMENT OF THE INTERIOR

SEP 2011

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

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

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(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.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-6

i. 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF

THE INTERIOR

JUL 1996

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

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

$100,000

GENERAL LIABILITY

$500,000 per occurrence

AUTOMOBILE LIABILITY

$200,000 each person

$500,000 each occurrence

$ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of can-cellation 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.

j. DOI-

AAAP-0050

V2

NOTICE TO CONTRACTORS – CONTRACTOR

PERFORMANCE ASSESSMENT REPORTING

SYSTEM

DEC 2015

1) 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.

2) 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

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-7 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.

3) We request that you furnish the Contracting Officer (CO) 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

(AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) 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 https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and

Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 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."

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

a) 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 CO for instructions.

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

https://www.cpars.gov/ https://www.cpars.gov/

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-8

c) 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.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

CO 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 60-day review period.

8) 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.

k. WBR

1452.201-80

CONTRACTING OFFICER’S REPRESENTATIVE

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.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-9

(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.”

l. WBR

1452.209-82

PROHIBITION ON RELEASE OF

INFORMATION – BUREAU OF RECLAMATION

MAR 2022

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting Officer. The

Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.

(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

m. WBR

1452.223-81

SAFETY AND HEALTH – BUREAU OF

RECLAMATION

OCT 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.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-10

(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.

n. 1452.223-82 ENSURING ADEQUATE COVID-19 SAFETY

PROTOCOLS IN FEDERAL BUILDINGS AND

FEDERALLY CONTROLLED FACILITIES –

BUREAU OF RECLAMATION

NOV 2022

When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.

o. 1452.231-80 REIMBURSEMENT OF TRAVEL EXPENSES –

BUREAU OF RECLAMATION

OCT 2021

(a) The contractor shall not incur any travel expenses until after obtaining approval from the contracting officer or in accordance with the procedures specified in the Statement of Work.

(b) The Government will reimburse travel expenses approved in accordance with paragraph (a) based on actual and allowable costs in accordance with --

(1) Commercial Organizations FAR 31.103 and 31.205-46.

(2) Educational Institutions FAR 31.104 and 31.3.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-11

(3) State, Local or Federally recognized Indian Tribal governments FAR 31.107 and 31.6.

(4) Nonprofit organizations FAR 31.108 and 31.7.

p. 1452.232-80 LIMITATION OF FUNDS – FIXED PRICE

CONTRACT – BUREAU OF RECLAMATION

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

(b) Incremental funding in the amount of (TO BE SPECIFIED IN EACH INDIVIDUAL DELIVERY

ORDER, AS APPLICABLE) is presently available for payment and allotted under this contract for (TO

BE SPECIFIED IN EACH INDIVIDUAL DELIVERY ORDER, AS APPLICABLE). This present funding allotment is contemplated to cover the work to be performed until (TO BE SPECIFIED IN

EACH INDIVIDUAL DELIVERY ORDER, AS APPLICABLE). A schedule for anticipated future funding allotments is as follows. This information is for planning purposes only and may not be fully representative of the funds actually allotted under this contract:

FISCAL YEAR FUNDING AMOUNT

On award of contract $TBD

FYXX $TBD

FYXX $TBD

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

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

Contracting Officer inwriting at least sixty days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 75 percent of the total amount then allotted to the contract for performance of work identified in paragraph (b) of this clause. The notification shall state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of the work up to the next scheduled date for allotment of funds identified in paragraph (b) of this clause, or to a mutually agreed upon substitute date. The notification shall also advise the Contracting Officer of the estimated amount of additional funds that will be required for the

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-12 timely performance of work funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (b) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer shall terminate any work for which additional funds have not been allotted, pursuant to the Termination for Convenience of the Government clause of this contract.

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

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

Disputes clause of this contract.

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

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

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

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

Termination for Convenience of the Government clause of this contract.

q. WBR

1452.237-80

ALT III

SECURITY REQUIREMENTS – BUREAU OF

RECLAMATION – ALTERNATE III

General Security Requirements:

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-13

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements.

Within this clause, COR means Contracting Officer’s Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the

Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the 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.

Solicitation No.

140R3024R0019

Project Title

Transformer Materials and

Page C-14

(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…