140R3026R0012-Solicitation_Rev_-1_0002.pdf

Solicitation No.: 140R3026R0012 Contract No. TBD Set-Aside 100% 8(a) Part 12 - Acquisition of Commercial Products and Commercial Services, and Part 15 – Contracting by Negotiation

Yuma Desalting Plant (YDP) Operation and Maintenance (O&M) Support Services

Indefinite Delivery Indefinite Quantity (IDIQ)

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin 2026

Part E – Solicitation Provisions

Document No.

140R3026R0012

Document Title YDP O&M Support Services IDIQ

E-3

PART E – SOLICITATION PROVISIONS

E.1. 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (RFO DEVIATION)

MAR 2026

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include -

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(7) Proposal Formatting - 12 point font, Arial or New Times Roman, 1 inch margins and page numbering.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary.

The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable.

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

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(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

d. 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (RFO

DEVIATION)

NOV 2021

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include-

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-1 of FAR 15.408-2, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-1 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

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(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.403-4.

(End of provision)

e. 1452.215-71 USUSE AND DISCLOSURE OF PROPOSAL INFORMATION –

DEPARTMENT OF THE INTERIOR

APR 1984

a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend: "The information specifically identified on pages _ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do mruble Line mruble Line mruble Line

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Document No.

140R3026R0012

Document Title YDP O&M Support Services IDIQ

E-12 level quality certifications (ISO 9001, ISO 9002, or plans to obtain such).

The Government will evaluate whether the proposed technical approach is feasible, well-reasoned, clearly presented, and demonstrates a thorough understanding of the contract requirements.

SUBFACTOR D: Staffing

The Government will evaluate whether the Offeror’s proposed staffing demonstrates the capability, qualifications, and availability to perform all tasks under the contract. Evaluation includes:

1. Personnel qualifications matched to labor categories (Attachment 01CC) using the Personnel Resource Matrix (Attachment 1D).

2. Demonstrated experience, education, certifications, and specialized skills for all proposed personnel.

3. Signed letters of intent for Key Personnel.

4. Utilization of staff previously used in relevant corporate experience or past performance contracts.

5. Recruitment and placement methods to ensure continuity, efficiency, and performance quality.

6. Sufficiency of staffing to support each performance level (CLINs and Scenarios in Attachment

1B).

7. Identification of additional personnel resources and alternate personnel sources with full resumes.

The Government will determine whether the Offeror’s staffing plan provides the necessary capability and minimizes performance risk.

EVALUATION STANDARD

The Government will evaluate whether the Offeror’s proposal:

• Provides all required elements;

• Demonstrates clear understanding of the SOW;

• Presents a feasible and efficient technical and management approach;

• Provides qualified and sufficient staffing;

• Demonstrates relevant, high-quality corporate experience;

• Is internally consistent with proposed hours, tasks, and methods.

Technical proposals will be evaluated for completeness, clarity, realism, and risk.

EVALUATION FACTOR 2: PAST PERFORMANCE

The Government will evaluate the Offeror’s past performance within the last five (5) years to determine the likelihood of successful performance under this contract. Relevant past performance includes:

• Water treatment plants and RO desalination processes;

• Advanced water treatment research facilities;

• Analytical laboratory maintenance;

• O&M engineering support and corrective action work.

Offerors shall submit:

• Up to the most relevant recent contracts similar in size, scope, and complexity;

• Project descriptions, original and final completion dates, POC information, contract value, problems and corrective actions, and self-performed vs. subcontracted work.

Past Performance Questionnaires (PPQs) shall be completed and returned by the proposal due date.

Nonresponsive references may affect ratings.

The Government may use CPARS and any other sources.

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