140R3025Q0003_-_Solicitation_Package.pdf

Solicitation No. 140R3025Q0003 Contract No. TBD Commercial Item Acquisition 100% Set-Aside for Small Business

Yuma Area Office (YAO) Bulk Chemicals Indefinite Delivery/Indefinite Quantity (IDIQ) Contract

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2025

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Table of Contents Document No.

140R3025Q0003

Document Title

YAO Bulk Chemicals - IDIQ i

FOREWORD

The Bureau of Reclamation (BOR), Interior Region 8: Lower Colorado Basin, Yuma Area Office (YAO) has a requirement for bulk chemicals to be delivered to the Yuma Desalting Plant in Yuma, Arizona.

This solicitation will result in multiple Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts with a 5-year term ordering period starting on or about February 1, 2025. The Government intends to make multiple IDIQ awards under this solicitation, but it reserves the right to award one or none at all. The Government intends to award at minimum, one delivery order at time of award.

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 services to be procured are classified in the North American Industry Classification System code 325180, All Other Miscellaneous Chemical Product and Preparation Manufacturing, with a small business size standard of 1,000 employees.

IDIQ VALUE: The proposed IDIQ contracts will be for an ordering period of five years from the date of contract award with the cumulative/maximum amount of all delivery orders not to exceed $1,800,000.00. The minimum order guarantee is $500. Delivery Order procedures are identified in B.8 Delivery Orders.

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 12:00 pm, PT, January 10, 2025. Questions received after that date will not be entertained. ONLY WRITEN 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, Harris Abellon at habellon@usbr.gov and Kathy Berry at kberry@usbr.gov. All relevant questions asked, and the answers provided, will be posted as an amendment to this solicitation via the SAM-GOV website at www.sam.gov.

QUOTES: For the Date and Time of Quote 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.

Quotes shall be submitted electronically via email to the Contract Specialist, habellon@usbr.gov and 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, Nicholas Clements, nclements@usbr.gov to request an alternate method for submitting documents. Only written request will be accepted, and the email subject shall clearly state the solicitation number, 140R3025Q0003. 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.

Potential offerors are reminded they must be registered in the System for Award Management (SAM) at www.sam.gov with a current registration to be eligible for award; ensure that all representations and certifications are completed in SAM for the applicable FAR provisions; and submit representations and certifications information with the quote to the Contracting Officer if applicable.

Document Title ii

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS i-ii

PART A – Solicitation, Contract, Order for Commercial Items (SF-1449) A-1

PART B – Continuation of Blocks from SF 1449 B-1 B.1 Block 14 - Acquisition Method B-1 B.2 Block 18. Submission of Invoices B-1 B.3 Blocks 19-24. Contract Price Schedule B-1 B.4 Contract Price Schedule B-1 B.5 Minimum and Maximum Ordering Quantities B-1 B.6 Contract Performance Period B-2 B.7 Ordering Authority B-2 B.8 Delivery Order Issuance Procedures B-2 B.9 Delivery Information B-2

B.10 Type of Contract B-3

PART C – Contract Clauses C-1 C.1 52.252-2 Clauses Incorporated by Reference C-1 C.2 Addendum to 52.212-4 Contract Terms and Conditions-Commercial Products and

Commercial Services C-1

a. 52.216-18 Ordering C-1

b. 52.216-19 Order Limitations C-2

c. 52.216-22 Indefinite Quantity C-2

d. 1452.201-70 Authorities and Delegations C-3

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

Limitations – Bureau of Reclamation C-3

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

g. DOI-AAAP-28 Invoicing and Payment Processing Platform- Department of Interior C-5

h. DOI-AAAP-50 Contractor Performance Assessment Reporting System Depart of

Interior C-6

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

C-7

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

C-13

a. 52.219-14 Limitations on Subcontracting (Deviation) C-13

PART D – Contract Documents, Exhibits or Attachments D-1 D.1 Applicability of Documents D-1 D.2 List of Attachments D-1

PART E – Provisions E-1 E.1 52.212-1 – Instructions to Offeror-Commercial 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. 52.252-1 Provision Incorporated by Reference E-6

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

Interior E-6

d. 1452.233-02 Service of Protest – Department of Interior E-8 E.3 52.212-2 – Evaluation- Commercial Products and Commercial Services E-8 E.4 52.212-3 – Offeror Representations and Certifications - Commercial Products and

Commercial Services E-8

Document Title iii

E.5 Addendum to 52.212-03 – Offeror Representations and Certifications – Commercial Products and Commercial Services

E-19

a. 52.252-1 Provisions Incorporated by Reference E-19

b. 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment E-20

c. 52.209-7 Information Regarding Responsibility Matters E-21

Part A – SF 1449 Document No.

Document Title

A-1

SECTION A – SOLICITATION, CONTRACT, ORDER FOR COMMERCIAL ITEMS

(Insert SF-1449 here)

Part A – SF 1449 Document No.

Document Title

A-2

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Part B – Continuation of SF

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140R3025Q0003

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-9. All payments will be made in accordance with the Prompt Payment Act.

B.3 Blocks 19 - 24: CONTRACT PRICE SCHEDULE

(a) The Contractor shall furnish the items identified in this Section, in accordance with the terms, conditions, and Statement of Wok contained in the contract.

Bulk Chemical Delivery IDIQ Item No. Schedule of Supplies/Services Quantity Unit Unit Price Extended Amount

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

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

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

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

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

Total for Schedule *TBD

*To be determined on individual delivery orders.

NOTE: In lieu of completing the Schedule above for IDIQ contract award price evaluation/consideration, Offerors must complete and submit Attachment 2, Task Order 1. Delivery Order 1 will be awarded at the time of the base contract awards to the vendor that has the lowest reasonable price for Delivery Order 1.

B.5 MINIMUM AND MAXIMUM ORDERING QUANTITIES (INDEFINITE

DELIVERY, INDEFINITE DELIVERY QUANTITY CONTRACT – BUREAU

OF RECLAMATION

The Government will order, and the contractor shall furnish at least the minimum and not to exceed the following maximum quantity of supplies during the term of this contract. Once the Guaranteed Minimum is met, the Government has no further order obligations under this contract.

Guaranteed Minimum Dollar Value over 5 Year Performance Period

Not to Exceed Dollar Value over 5 Year Performance Period

$500 $1,800,000.00

B.4 CONTRACT PRICE SCHEDULE(S)

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B.6 CONTRACT PERFORMANCE PERIOD

The overall contract performance period of this Indefinite Delivery/Indefinite Quantity type contract consists of a five (5) year ordering term which will begin at time of award. Individual delivery orders may be placed as needed any time during the five-year performance term. Each order will specify the deliveries to be completed as well as the delivery/completion date. See Clause 52.216-22, Indefinite Quantity for additional information.

B.7 ORDERING AUTHORITY

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

B.8 DELIVERY ORDER ISSUANCE PROCEDURES

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

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

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

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

(d) Fair Opportunity. Competition for issuance of Delivery Orders is limited to those awardees under this multiple award IDIQ contract. If multiple IDIQ contracts are awarded, each awardee shall be provided a fair opportunity for delivery orders in accordance with FAR 16.505(b)(1), unless the Contracting Officer determines that one of the exceptions at FAR 16.505(b)(2) applies. If multiple IDIQ contracts are awarded, Delivery Order Ombudsman is Meagan R. Fyffe, Denver Federal Center, 6Th & Kipling 25007 Denver CO 80225 United States;

telephone: 720-607-1052; email: MFyffe@usbr.gov.

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

(e) Order Placement Procedures.

(1) The Government will issue a written request for quote (RFQ) electronically via e-mail which will include the proposed Statement of Work (SOW) and the due date for receipt of quotes. All other terms and conditions will be contained in the basic contract. However, any minor/pertinent changes to these terms and conditions, including applicable fill-ins for certain clauses and additional contract direction or details specifically pertaining to the delivery order, will also be identified in the RFQ and incorporated into the individual delivery order. Contractors must acknowledge receipt of each RFQ. Contractors are also required to notify the Contract Specialist within 2 days of receipt of an RFQ if the firm cannot or will not propose on a delivery order. Receipt of the quotes after the specified time and date set by the Contracting Officer may result in the quote not being considered for award.

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

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A Delivery Order will be issued every 6 months to the IDIQ Contractors who can provide the required chemicals at the most favorable price and in accordance with the Delivery Requirements. Multiple Delivery Orders may be issued, based on the result of the quotes received at the time of each request throughout the IDIQ performance period.

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

(4) Contractors are expected to examine the SOW, schedule, and all instructions. Failure to do so will be at the Quoter’s risk.

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

(6) After evaluation of the quotes has been completed, the quote which offers the best value to the

Government will be awarded the delivery order. In cases where price is the only evaluation factor, the quote which offers the lowest price to the Government will be awarded the delivery order, subject to a positive determination that such proposed price is fair and reasonable. Price reasonableness of each delivery order will be determined in accordance with FAR 13.

B.9 DELIVERY INFORMATION

(a) All deliveries of bulk chemicals shall be shipped F.O.B. destination to the following address:

U.S. Department of the Interior Bureau of Reclamation Yuma Desalting Plant 7301 Calle Agua Salada Yuma, Arizona 85364

(a) Deliveries will be accepted between 7:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding Federal holidays. Point of contact for delivery information is David Guerrero, (928) 343-8178 or (928) 510-0599.

(b) Deliveries must offload using service air.

(c)All chemical deliveries shall have a Bill of Lading containing the following minimum information:

(i) Name of Contractor,

(ii) Quantity delivered,

(iii) Unit price and total price,

(iv) Date of delivery, and

(v) Signature of receiving representative

(d)The contractor shall furnish a HazCom (GHS) Safety Data Sheet of the requested chemical with each bulk chemical delivery to the Yuma Desalting Plant, as required by OHSA regulations.

B.10 TYPE OF CONTRACT

The Government intends to award multiple Indefinite Delivery / Indefinite Quantity Contracts.

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Part C – Contract Clauses

Document No.

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

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

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

Inform Employees of Whistleblower Rights November 2023

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

January 2017

52.204-13 System for Award Management Maintenance October 2018 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.212-04 Contract Terms and Conditions – Commercial Products and

Commercial Services

November 2023

52.232-40 Providing Accelerated Payment to Small Business Subcontractors March 2023 52.242-15 Stop Work Order August 1989

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

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

a. 52.216-18 ORDERING AUGUST 2020

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from February 1, 2025 through January 31, 2030.

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

(c) If mailed, a delivery order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmit the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order to a Government document access system, and notice is sent to the Contractor, or

(ii) Distributes the delivery order via email to the Contractor’s email address.

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

(End of Clause)

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b. 52.216-19 ORDER LIMITATIONS OCTOBER 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $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 the Not to Exceed Dollar Value $500,000.00

(2) Any order for a combination of items in excess of the Not to Exceed Dollar Value $500,000.00 or

(3) A series of orders from the same ordering office within 1825 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

c. 52.216-22 INDEFINITE QUANTITY OCTOBER 1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract beyond 90 days of the contract’s ordering period expiration date.

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d. 1452.201-70 AUTHORITIES AND DELEGATIONS SEPTEMBER 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

e. WBR 1452.201-80

CONTRACTING OFFICE’S REPRESENTATIVE’S

AUTHORITIES AND LIMITATIONS – BUREAU OF

RECLAMATION

MAY 2018

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

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

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

C-4 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.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

f. WBR 1452.223-81

SAFETY AND HEALTH – BUREAU OF

RECLAMATION

OCTOBER 2022

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to an employee’s health or safety.

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

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

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(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.

(End of clause)

g. DOI –AAAP-

INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP)

FEBRUARY

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

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

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

NONE – DO NOT UPLOAD ANY ATTACHMENTS TO IPP

NOTE: On the same date that a contractor inputs their invoice information into IPP, the contractor shall email a copy of the company paper invoice directly to the Contract Specialist/Contracting Officer identified on the delivery order. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor shall also submit an electronic copy of the IPP invoice to [habellon@usbr.gov] once 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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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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 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 Online Training for Contractor Representatives, and a practice application may be found at this site.

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

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

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

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

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

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

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

NOV 2024

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 1 08-78 (19

U.S.C. 3805 note)).

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

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

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

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

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub.

L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and(3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f) _X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(MAY 2024)

(42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i…