12_FINAL_140R4018Q0008_CI_Solicitation_2-4-18.pdf

BUREAU OF RECLAMATION

UPPER COLORADO REGION

HEAVY EQUIPMENT RENTAL

INDEFINITE-DELIVERY INDEFINITE-QUANTITY

CONTRACT

SOLICITATION NO. 140R4018Q0008

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO REGION

SALT LAKE CITY ACQUISITION OFFICE

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract”

IMPORTANT INFORMATION

1. All questions concerning this requirement must be submitted in writing to desplin@usbr.gov. No questions will be accepted after MONDAY, FEBRUARY 19, 2018, 2:00 PM (MST).

2. Solicitation Closing Date: March 7, 2018

Solicitation Closing Time: 2:00 PM (MST)

3. ONLY ELECTRONIC DOCUMENTS WILL BE ACCEPTED FOR THIS REQUIREMENT

- The documents must be delivered electronically to:

Mr. Dusty Esplin, Contract Specialist e-mail: desplin@usbr.gov

- E-mail subject line must contain the following naming scheme:

*Quote – Heavy Equipment Rental IDIQ*

- E-mailed Quote must contain the following documents:

- SOW Compliance - (1) PDF document

- Past Performance – (1) PDF document

- Small Business Participation Plan – (1) PDF document

- Pricing - (1) Excel document for all five (5) years

- Task Orders 1 through 4 pricing. Four (4) Individual Excel Documents for Task Order Pricing.

4. Please read FAR 52.212-1 – Instructions to Offerors for all information required to be submitted with the quotation.

5. Please read FAR 52.212-2 included in this solicitation for full evaluation information.

6. All correspondence regarding this solicitation should reference Solicitation No. 140R4018Q0008, Heavy Equipment Rental IDIQ.

mailto:desplin@usbr.gov

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

TABLE OF CONTENTS

Part Title Page

STANDARD FORM SF-1449 4

SCHEDULE 6

COMMERCIAL CLAUSES

CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS 28

CLAUSES INCORPORATED BY REFERENCE 34

ORDERING 34

INDEFINITE QUANTITY 34

OPTION TO EXTEND SERVICES 35

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS 35

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM 36

AUTHORITIES AND DELEGATIONS 37

SECURITY REQUIREMENTS – BUREAU OF RECLAMATION 37

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

2 CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 52

SOLICITATION PROVISIONS 53

INSTRUCTIONS TO OFFERORS 53

CONTRACT TYPE 57

SINGLE OR MULTIPLE AWARDS 57

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 58

USE AND DISCLOSURE OF PROPOSAL INFORMATION-DEPARTMENT OF

INTERIOR

EVALUATION-COMMERCIAL ITEMS 59

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-

REPRESENTATION AND CERTIFICATION

NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT

PROCUREMENT AGREEMENT EVALUATIONS-BUREAU OF

RECLAMATION

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

CONTINUATION OF BLOCK 19 AND 20 – SUPPLIES / SERVICES

CONTRACT TYPE

Firm Fixed Price – Commercial Supply

Time and Materials – Incidental Repair Services

Indefinite Delivery/Indefinite Quantity – Multiple Year (5) – Dates are based on estimated award date of

04/01/2018.

- Base Period – 04/01/18 through 03/31/19

- Pricing Period I – 04/01/19 through 03/31/20

- Pricing Period II – 04/01/20 through 03/31/21

- Pricing Period III – 04/01/21 through 03/31/22

- Pricing Period IV – 04/01/22 through 03/31/23

During the life of this contract, the total maximum amount available for placement under orders is cumulative with each year, and unexpended balances may be used in succeeding years.

During the life of the contract, the total amount shall not exceed $6,900,000.

DELIVERY ORDERS

The contract type for delivery order requirements listed in the contract Statement of Work (SOW) (Section 2, Attachment 1) under paragraphs 3.1 and 3.2, are firm-fixed-price. Delivery orders shall be issued in accordance with the procedures outlined in FAR 52.216-18 - Ordering. Service Wage Determinations will be a separate attachment to each competed delivery order based on place of performance.

The services stated in the schedule will be invoked by giving written notice to the Contractor. If oral notice is given, it shall be confirmed in writing by the Contracting Officer within 5 days of such oral notice. The contractor shall not be compensated for any changes or updates to equipment or the purchase of new equipment for the life of this contract.

Each delivery order will define the work to be performed, the location of the work, and period of performance. In addition, each CLIN awarded at the task order level will be identified as firm-fixed-price or time-and-materials. Per

FAR 16.601(d)(2), each task order with elements of time-and-materials will include a ceiling price; contractors who exceed this ceiling price do so at their own risk.

All post-award Delivery Orders will be awarded in accordance with FAR 16.505(b) Orders under multiple-award contracts.

Orders may only be issued by Bureau of Reclamation, Upper Colorado Region Contracting Officers. Orders may be issued orally or by electronic commerce methods.

MINIMUM AND MAXIMUM CONTRACT AMOUNT

52.216-19 ORDER LIMITATIONS

ADDENUM TO FAR 52.212-04

“CONTRACT TERMS AND CONDITIONS”

OCTOBER 1995

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

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

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within 180 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

(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 14 calendar 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.

PRICING SCHEDULE

The following schedule defines the line item(s) and pricing for each of the contract years of this contract:

(a) Definitions:

(1) CLIN – Contract Line Item Number

(2) FR – Frequently Required Equipment. Historically represents approximately 60% of

PAO FA rental expenditures.

(3) MR – Moderately Required Equipment. Historically, represents approximately 30% of PAO FA rental expenditures.

(4) RR – Rarely Required Equipment. Historically, represents 10% of PAO FA rental expenditures

Force Account crews work a schedule consisting of 10 days on, followed by 4 days off. This amounts to 20 working days per month (4 weeks). Consequently, it is implied that the monthly (4-week) rate shall only include 20 working days. For Task Orders greater than 1 month (4 weeks) that include a partial month, contractor shall prorate the partial month at the monthly (4 week) rate. For Task Orders less than 1 month (4 weeks), contractor shall prorate the partial week at the weekly rate. Formulas for calculating prorated amounts are shown below:

Monthly Prorate = ( 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑟𝑎𝑡𝑒

20 𝑑𝑎𝑦𝑠 ) × (𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑑𝑎𝑦𝑠) Weekly Prorate = (

𝑊𝑒𝑒𝑘𝑙𝑦 𝑟𝑎𝑡𝑒

5 𝑑𝑎𝑦𝑠 ) × (𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑑𝑎𝑦𝑠)

Freight Cost shall include Cost per Mile for Delivery and Pick-up (up to 300 miles each way) of all equipment, except in cases as described in paragraph 2.1 of the PWS. For purposes of this solicitation, offerors shall enter their proposed fully burdened rate for each CLIN, in all of the 5 contract years, on the following pages:

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Base Period – 04/01/18 through 03/31/19

CLINs 101 through 177 and 181 – Firm Fixed Price (FFP)

CLIN 178 – Cost Reimbursement (CR) – Not-to-Exceed (NTE)

CLINs 179 and 180 – Time and Materials (T&M)

CLIN

NO. Description

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

John Deere 9630 Scraper Special, or Equal

Freight for Delivery and Pick-up

MR

102 John Deere 1810E Ejector Scraper, or Equal

CLIN Freight for Delivery and Pick-up

103 CAT 740 Articulated Rock Truck, or Equal

FR

104 CAT 735 Articulated Rock Truck, or Equal

105 CAT 730 Articulated Rock Truck, or Equal

106 CAT 725 Articulated Rock Truck, or Equal

107 Dump Truck 6yd. Salient Characteristics

RR

108 Dump Truck 10yd. Salient Characteristics

109 John Deere 250 D 5,000 gallon Water Truck, or equal

110 John Deere 300 D 6,000 gallon Water Truck, or equal

111 John Deere 400 D 8,000 gallon Water Truck, or equal

112 12000 gal Stand Tank. Salient Characteristics

113 Cat 613 Water Wagon, or equal

114 Cat 611 Water Wagon, or equal

115 Cat 621 Water Wagon, or equal

116 2000 Gal Water Truck. Salient Characteristics

117 4000 Gal Water Truck. Salient Characteristics

118 MMP-Mega Mobile Pump, or equal

119 Thompson 6’ Trailer Mounted Trash Pump or equal

120 CAT 140H Motor Grader, or Equal

121 CAT 143H Motor Grader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

122 CAT 160M Motor Grader, or Equal

123 CAT 14M Motor Grader, or Equal

CLIN

NO. Description

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

124 CAT 16M Motor Grader, or Equal

125 CAT D6T LGP Dozer, or Equal

125A Blade Root Rake to fit CLIN 125 (Cost in percent of Carrier) RR

126 CAT D6T Dozer, or Equal

126A Blade Root Rake to fit CLIN 126 (Cost in percent of Carrier) RR

127 CAT D7R Dozer, or Equal

128 CAT D7R LGP Dozer

129 CAT D8R Dozer, or Equal

130 CAT D9R Dozer, or Equal

131 CAT D5N Dozer, or Equal

132 CAT D5N LGP Dozer, or Equal

133 CAT D4G Dozer, or Equal

John Deere 764 HSD, or Equal

135 CAT 325DL Excavator, or Equal

136 CAT 320DL Excavator, or Equal

137 CAT 315DL Excavator, or Equal

138 CAT 312DL Excavator, or Equal

139 CAT 308CR Excavator, or Equal

140 CAT 305CR Excavator, or Equal

141 CAT 330DL Excavator, or Equal

142 CAT 345DL Excavator, or Equal

143 CAT 365DL Excavator, or Equal

144 CAT 314DL CR Excavator, or Equal

CAT 320DL RR Excavator, or Equal FR

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

145 Freight for Delivery and Pick-up

146 CAT 328DL CR Excavator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month 147 CAT 324 DL Long Reach Excavators, or Equal

148 CAT 320 DL Long Reach Excavators, or Equal

149 CAT 938 Wheel loader, or Equal

150 CAT 950 Wheel loader, or Equal

151 CAT 966 Wheel loader, or Equal

152 CAT 972 Wheel loader, or Equal

153 CAT 980 Wheel loader, or Equal

154 CAT 988 Wheel loader, or Equal

155 Cat CP32 Vibratory Roller, or Equal

156 Cat CP44 Vibratory Roller, or Equal

157 Cat CP56 Vibratory Roller, or Equal

158 Cat CS32 Vibratory Roller, or Equal

159 Cat CS44 Vibratory Roller, or Equal

160 Cat CS56 Vibratory Roller, or Equal

161 Cat 815 Soil Compactor, or Equal.

162 Cat 825 Soil Compactor, or Equal

163 Wacker RT82 Trench Compactor, or Equal

164 Cat 246 Skid Steer Loader, or Equal

165 Cat 272 Skid Steer Loader, or Equal

166 Cat 247 Multi-Terrain Loader, or Equal

167 Cat 277 Multi-Terrain Loader, or Equal

168 Cat 297 Multi-Terrain Loader, or Equal

169 Multiquip DCA25USI Generator, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

170 Multiquip DCA45USI Generator, or Equal

171 Multiquip DCA70USI Generator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

172 Multiquip DCA125USI Generator, or Equal

173 Cat TH220 Telescopic Handler, or Equal

174 Cat TL642 Telescopic Handler, or Equal

MS12 Material Separator, or Equal

4 x 1,000 Watt, 30' height, manual Mast Light Tower, Trailer

Mounted

177 Thumb attachment option for excavators

(in percent of carrier equipment rate)

FR

Cost Reimbursement - Equipment Damage

Not to Exceed $50,000.00 per year, unless authorized by

Contracting Officer.

179 Mechanic and Service Truck (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

180 Mechanic and Shop Service (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

Specialized re-rent equipment On a limited case by case basis, individually solicited

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Pricing Period I – 04/01/19 through 03/31/20

CLINs 201 through 277 and 281 – Firm Fixed Price (FFP)

CLIN 278 – Cost Reimbursement (CR) – Not-to-Exceed (NTE)

CLINs 279 and 280 – Time and Materials (T&M)

CLIN

NO. Description

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

John Deere 9630 Scraper Special, or Equal

202 John Deere 1810E Ejector Scraper, or Equal

203 CAT 740 Articulated Rock Truck, or Equal

204 CAT 735 Articulated Rock Truck, or Equal

205 CAT 730 Articulated Rock Truck, or Equal

206 CAT 725 Articulated Rock Truck, or Equal

207 Dump Truck 6yd. Salient Characteristics

208 Dump Truck 10yd. Salient Characteristics

209 John Deere 250 D 5,000 gallon Water Truck, or equal

210 John Deere 300 D 6,000 gallon Water Truck, or equal

211 John Deere 400 D 8,000 gallon Water Truck, or equal

212 12000 gal Stand Tank. Salient Characteristics

213 Cat 613 Water Wagon, or equal

214 Cat 611 Water Wagon, or equal

215 Cat 621 Water Wagon, or equal

216 2000 Gal Water Truck. Salient Characteristics

217 4000 Gal Water Truck. Salient Characteristics

218 MMP-Mega Mobile Pump, or equal

219 Thompson 6’ Trailer Mounted Trash Pump or equal

220 CAT 140H Motor Grader, or Equal

CAT 143H Motor Grader, or Equal RR

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

221 Freight for Delivery and Pick-up

222 CAT 160M Motor Grader, or Equal

223 CAT 14M Motor Grader, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

224 CAT 16M Motor Grader, or Equal

225 CAT D6T LGP Dozer, or Equal

225A Blade Root Rake to fit CLIN 225 (Cost in percent of Carrier) RR

226 CAT D6T Dozer, or Equal

226A Blade Root Rake to fit CLIN 225 (Cost in percent of Carrier) RR

227 CAT D7R Dozer, or Equal

228 CAT D7R LGP Dozer

229 CAT D8R Dozer, or Equal

230 CAT D9R Dozer, or Equal

231 CAT D5N Dozer, or Equal

232 CAT D5N LGP Dozer, or Equal

233 CAT D4G Dozer, or Equal

235 CAT 325DL Excavator, or Equal

236 CAT 320DL Excavator, or Equal

237 CAT 315DL Excavator, or Equal

238 CAT 312DL Excavator, or Equal

239 CAT 308CR Excavator, or Equal

240 CAT 305CR Excavator, or Equal

241 CAT 330DL Excavator, or Equal

242 CAT 345DL Excavator, or Equal

243 CAT 365DL Excavator, or Equal

CAT 314DL CR Excavator, or Equal RR

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

244 Freight for Delivery and Pick-up

245 CAT 320DL RR Excavator, or Equal

246 CAT 328DL CR Excavator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

247 CAT 324 DL Long Reach Excavators, or Equal

248 CAT 320 DL Long Reach Excavators, or Equal

249 CAT 938 Wheel loader, or Equal

250 CAT 950 Wheel loader, or Equal

251 CAT 966 Wheel loader, or Equal

252 CAT 972 Wheel loader, or Equal

253 CAT 980 Wheel loader, or Equal

254 CAT 988 Wheel loader, or Equal

255 Cat CP32 Vibratory Roller, or Equal

256 Cat CP44 Vibratory Roller, or Equal

257 Cat CP56 Vibratory Roller, or Equal

258 Cat CS32 Vibratory Roller, or Equal

259 Cat CS44 Vibratory Roller, or Equal

260 Cat CS56 Vibratory Roller, or Equal

261 Cat 815 Soil Compactor, or Equal.

262 Cat 825 Soil Compactor, or Equal

263 Wacker RT82 Trench Compactor, or Equal

264 Cat 246 Skid Steer Loader, or Equal

265 Cat 272 Skid Steer Loader, or Equal

266 Cat 247 Multi-Terrain Loader, or Equal

267 Cat 277 Multi-Terrain Loader, or Equal

268 Cat 297 Multi-Terrain Loader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

269 Multiquip DCA25USI Generator, or Equal

270 Multiquip DCA45USI Generator, or Equal

271 Multiquip DCA70USI Generator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

272 Multiquip DCA125USI Generator, or Equal

273 Cat TH220 Telescopic Handler, or Equal

274 Cat TL642 Telescopic Handler, or Equal

Mounted

277 Thumb attachment option for excavators

FR

Cost Reimbursement - Equipment Damage Not to Exceed $50,000.00 per year.

279 Mechanic and Service Truck (Cost/Hour)

Not to exceed 5% of contract ceiling over 5 years

280 Mechanic and Shop Service (Cost/Hour)

Not to exceed 5% of contract ceiling over 5 years

Specialized Re-Rent Equipment On a limited case by case basis, individually solicited

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Pricing Period II – 04/01/20 through 03/31/21

CLINs 301 through 377 and 381 – Firm Fixed Price (FFP)

CLIN 378 – Cost Reimbursement (CR) – Not-to-Exceed (NTE)

CLINs 379 and 380 – Time and Materials (T&M)

CLIN

NO. Description

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

John Deere 9630 Scraper Special, or Equal

302 John Deere 1810E Ejector Scraper, or Equal

303 CAT 740 Articulated Rock Truck, or Equal

304 CAT 735 Articulated Rock Truck, or Equal

305 CAT 730 Articulated Rock Truck, or Equal

306 CAT 725 Articulated Rock Truck, or Equal

307 Dump Truck 6yd. Salient Characteristics

308 Dump Truck 10yd. Salient Characteristics

309 John Deere 250 D 5,000 gallon Water Truck, or equal

310 John Deere 300 D 6,000 gallon Water Truck, or equal

311 John Deere 400 D 8,000 gallon Water Truck, or equal

312 12000 gal Stand Tank. Salient Characteristics

313 Cat 613 Water Wagon, or equal

314 Cat 611 Water Wagon, or equal

315 Cat 621 Water Wagon, or equal

316 2000 Gal Water Truck. Salient Characteristics

317 4000 Gal Water Truck. Salient Characteristics

318 MMP-Mega Mobile Pump, or equal

319 Thompson 6’ Trailer Mounted Trash Pump or equal

320 CAT 140H Motor Grader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

321 Freight for Delivery and Pick-up

322 CAT 160M Motor Grader, or Equal

323 CAT 14M Motor Grader, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

324 CAT 16M Motor Grader, or Equal

325 CAT D6T LGP Dozer, or Equal

325A Blade Root Rake to fit CLIN 325 (Cost in percent of Carrier) RR

326 CAT D6T Dozer, or Equal

325A Blade Root Rake to fit CLIN 325 (Cost in percent of Carrier) RR

327 CAT D7R Dozer, or Equal

328 CAT D7R LGP Dozer

329 CAT D8R Dozer, or Equal

330 CAT D9R Dozer, or Equal

331 CAT D5N Dozer, or Equal

332 CAT D5N LGP Dozer, or Equal

333 CAT D4G Dozer, or Equal

335 CAT 325DL Excavator, or Equal

336 CAT 320DL Excavator, or Equal

337 CAT 315DL Excavator, or Equal

338 CAT 312DL Excavator, or Equal

339 CAT 308CR Excavator, or Equal

340 CAT 305CR Excavator, or Equal

341 CAT 330DL Excavator, or Equal

342 CAT 345DL Excavator, or Equal

343 CAT 365DL Excavator, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

344 Freight for Delivery and Pick-up

345 CAT 320DL RR Excavator, or Equal

346 CAT 328DL CR Excavator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

347 CAT 324 DL Long Reach Excavators, or Equal

348 CAT 320 DL Long Reach Excavators, or Equal

349 CAT 938 Wheel loader, or Equal

350 CAT 950 Wheel loader, or Equal

351 CAT 966 Wheel loader, or Equal

352 CAT 972 Wheel loader, or Equal

353 CAT 980 Wheel loader, or Equal

354 CAT 988 Wheel loader, or Equal

355 Cat CP32 Vibratory Roller, or Equal

356 Cat CP44 Vibratory Roller, or Equal

357 Cat CP56 Vibratory Roller, or Equal

358 Cat CS32 Vibratory Roller, or Equal

359 Cat CS44 Vibratory Roller, or Equal

360 Cat CS56 Vibratory Roller, or Equal

361 Cat 815 Soil Compactor, or Equal.

362 Cat 825 Soil Compactor, or Equal

363 Wacker RT82 Trench Compactor, or Equal

364 Cat 246 Skid Steer Loader, or Equal

365 Cat 272 Skid Steer Loader, or Equal

366 Cat 247 Multi-Terrain Loader, or Equal

367 Cat 277 Multi-Terrain Loader, or Equal

368 Cat 297 Multi-Terrain Loader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

369 Multiquip DCA25USI Generator, or Equal

370 Multiquip DCA45USI Generator, or Equal

371 Multiquip DCA70USI Generator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

372 Multiquip DCA125USI Generator, or Equal

373 Cat TH220 Telescopic Handler, or Equal

374 Cat TL642 Telescopic Handler, or Equal

Mounted

377 Thumb attachment option for excavators

FR

Cost Reimbursement - Equipment Damage Not to Exceed $50,000.00 per year.

379 Mechanic and Service Truck (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

380 Mechanic and Shop Service (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Pricing Period III – 04/01/21 through 03/31/22

CLINs 401 through 477 and 481 – Firm Fixed Price (FFP)

CLIN 478 – Cost Reimbursement (CR) – Not-to-Exceed (NTE)

CLINs 479 and 480 – Time and Materials (T&M)

CLIN

NO. Description

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

John Deere 9630 Scraper Special, or Equal

402 John Deere 1810E Ejector Scraper, or Equal

403 CAT 740 Articulated Rock Truck, or Equal

404 CAT 735 Articulated Rock Truck, or Equal

405 CAT 730 Articulated Rock Truck, or Equal

406 CAT 725 Articulated Rock Truck, or Equal

407 Dump Truck 6yd. Salient Characteristics

408 Dump Truck 10yd. Salient Characteristics

409 John Deere 250 D 5,000 gallon Water Truck, or equal

410 John Deere 300 D 6,000 gallon Water Truck, or equal

411 John Deere 400 D 8,000 gallon Water Truck, or equal

412 12000 gal Stand Tank. Salient Characteristics

413 Cat 613 Water Wagon, or equal

414 Cat 611 Water Wagon, or equal

415 Cat 621 Water Wagon, or equal

416 2000 Gal Water Truck. Salient Characteristics

417 4000 Gal Water Truck. Salient Characteristics

418 MMP-Mega Mobile Pump, or equal

419 Thompson 6’ Trailer Mounted Trash Pump or equal

420 CAT 140H Motor Grader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

421 Freight for Delivery and Pick-up

422 CAT 160M Motor Grader, or Equal

423 CAT 14M Motor Grader, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

424 CAT 16M Motor Grader, or Equal

425 CAT D6T LGP Dozer, or Equal

425A Blade Root Rake to fit CLIN 325 (Cost in percent of Carrier) RR

426 CAT D6T Dozer, or Equal

425A Blade Root Rake to fit CLIN 325 (Cost in percent of Carrier) RR

427 CAT D7R Dozer, or Equal

428 CAT D7R LGP Dozer

429 CAT D8R Dozer, or Equal

430 CAT D9R Dozer, or Equal

431 CAT D5N Dozer, or Equal

432 CAT D5N LGP Dozer, or Equal

433 CAT D4G Dozer, or Equal

435 CAT 325DL Excavator, or Equal

436 CAT 320DL Excavator, or Equal

437 CAT 315DL Excavator, or Equal

438 CAT 312DL Excavator, or Equal

439 CAT 308CR Excavator, or Equal

440 CAT 305CR Excavator, or Equal

441 CAT 330DL Excavator, or Equal

442 CAT 345DL Excavator, or Equal

443 CAT 365DL Excavator, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

444 Freight for Delivery and Pick-up

445 CAT 320DL RR Excavator, or Equal

446 CAT 328DL CR Excavator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

447 CAT 324 DL Long Reach Excavators, or Equal

448 CAT 320 DL Long Reach Excavators, or Equal

449 CAT 938 Wheel loader, or Equal

450 CAT 950 Wheel loader, or Equal

451 CAT 966 Wheel loader, or Equal

452 CAT 972 Wheel loader, or Equal

453 CAT 980 Wheel loader, or Equal

454 CAT 988 Wheel loader, or Equal

455 Cat CP32 Vibratory Roller, or Equal

456 Cat CP44 Vibratory Roller, or Equal

457 Cat CP56 Vibratory Roller, or Equal

458 Cat CS32 Vibratory Roller, or Equal

459 Cat CS44 Vibratory Roller, or Equal

460 Cat CS56 Vibratory Roller, or Equal

461 Cat 815 Soil Compactor, or Equal.

462 Cat 825 Soil Compactor, or Equal

463 Wacker RT82 Trench Compactor, or Equal

464 Cat 246 Skid Steer Loader, or Equal

465 Cat 272 Skid Steer Loader, or Equal

466 Cat 247 Multi-Terrain Loader, or Equal

467 Cat 277 Multi-Terrain Loader, or Equal

468 Cat 297 Multi-Terrain Loader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

469 Multiquip DCA25USI Generator, or Equal

470 Multiquip DCA45USI Generator, or Equal

471 Multiquip DCA70USI Generator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

472 Multiquip DCA125USI Generator, or Equal

473 Cat TH220 Telescopic Handler, or Equal

474 Cat TL642 Telescopic Handler, or Equal

Mounted

477 Thumb attachment option for excavators

FR

Cost Reimbursement - Equipment Damage Not to Exceed $50,000.00 per year.

479 Mechanic and Service Truck (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

480 Mechanic and Shop Service (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Indefinite-Delivery Indefinite-Quantity (IDIQ)

Pricing Period IV – 04/01/22 through 03/31/23

CLINs 501 through 577 and 581 – Firm Fixed Price (FFP)

CLIN 578 – Cost Reimbursement (CR) – Not-to-Exceed (NTE)

CLINs 579 and 580 – Time and Materials (T&M)

CLIN 582 – Not-to-Exceed (NTE)

CLIN

NO. Description

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

John Deere 9630 Scraper Special, or Equal

502 John Deere 1810E Ejector Scraper, or Equal

503 CAT 740 Articulated Rock Truck, or Equal

504 CAT 735 Articulated Rock Truck, or Equal

505 CAT 730 Articulated Rock Truck, or Equal

506 CAT 725 Articulated Rock Truck, or Equal

507 Dump Truck 6yd. Salient Characteristics

508 Dump Truck 10yd. Salient Characteristics

509 John Deere 250 D 5,000 gallon Water Truck, or equal

510 John Deere 300 D 6,000 gallon Water Truck, or equal

511 John Deere 400 D 8,000 gallon Water Truck, or equal

512 12000 gal Stand Tank. Salient Characteristics

513 Cat 613 Water Wagon, or equal

514 Cat 611 Water Wagon, or equal

515 Cat 621 Water Wagon, or equal

516 2000 Gal Water Truck. Salient Characteristics

517 4000 Gal Water Truck. Salient Characteristics

518 MMP-Mega Mobile Pump, or equal

519 Thompson 6’ Trailer Mounted Trash Pump or equal

CAT 140H Motor Grader, or Equal RR

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

520 Freight for Delivery and Pick-up

521 CAT 143H Motor Grader, or Equal

522 CAT 160M Motor Grader, or Equal

523 CAT 14M Motor Grader, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

524 CAT 16M Motor Grader, or Equal

525 CAT D6T LGP Dozer, or Equal

525A Blade Root Rake to fit CLIN 325 (Cost in percent of Carrier) RR

526 CAT D6T Dozer, or Equal

525A Blade Root Rake to fit CLIN 325 (Cost in percent of Carrier) RR

527 CAT D7R Dozer, or Equal

528 CAT D7R LGP Dozer

529 CAT D8R Dozer, or Equal

530 CAT D9R Dozer, or Equal

531 CAT D5N Dozer, or Equal

532 CAT D5N LGP Dozer, or Equal

533 CAT D4G Dozer, or Equal

535 CAT 325DL Excavator, or Equal

536 CAT 320DL Excavator, or Equal

537 CAT 315DL Excavator, or Equal

538 CAT 312DL Excavator, or Equal

539 CAT 308CR Excavator, or Equal

540 CAT 305CR Excavator, or Equal

541 CAT 330DL Excavator, or Equal

542 CAT 345DL Excavator, or Equal

CAT 365DL Excavator, or Equal RR

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

543 Freight for Delivery and Pick-up

544 CAT 314DL CR Excavator, or Equal

545 CAT 320DL RR Excavator, or Equal

546 CAT 328DL CR Excavator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

547 CAT 324 DL Long Reach Excavators, or Equal

548 CAT 320 DL Long Reach Excavators, or Equal

549 CAT 938 Wheel loader, or Equal

550 CAT 950 Wheel loader, or Equal

551 CAT 966 Wheel loader, or Equal

552 CAT 972 Wheel loader, or Equal

553 CAT 980 Wheel loader, or Equal

554 CAT 988 Wheel loader, or Equal

555 Cat CP32 Vibratory Roller, or Equal

556 Cat CP44 Vibratory Roller, or Equal

557 Cat CP56 Vibratory Roller, or Equal

558 Cat CS32 Vibratory Roller, or Equal

559 Cat CS44 Vibratory Roller, or Equal

560 Cat CS56 Vibratory Roller, or Equal

561 Cat 815 Soil Compactor, or Equal.

562 Cat 825 Soil Compactor, or Equal

563 Wacker RT82 Trench Compactor, or Equal

564 Cat 246 Skid Steer Loader, or Equal

565 Cat 272 Skid Steer Loader, or Equal

566 Cat 247 Multi-Terrain Loader, or Equal

567 Cat 277 Multi-Terrain Loader, or Equal

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

568 Cat 297 Multi-Terrain Loader, or Equal

569 Multiquip DCA25USI Generator, or Equal

570 Multiquip DCA45USI Generator, or Equal

571 Multiquip DCA70USI Generator, or Equal

Rate

Required

Freight

($)/Mile ($)/Week ($)/Month

572 Multiquip DCA125USI Generator, or Equal

573 Cat TH220 Telescopic Handler, or Equal

574 Cat TL642 Telescopic Handler, or Equal

Mounted

577 Thumb attachment option for excavators

FR

Cost Reimbursement - Equipment Damage Not to Exceed $50,000.00 per year.

579 Mechanic and Service Truck (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

580 Mechanic and Shop Service (Cost/Hour) Not to exceed 5% of contract ceiling over 5 years

Specialized Re-Rent Equipment On a limited case by case basis, individually solicited

Option Extend Services (6 Months) Not to Exceed $1,000,000 for the 6 month extension

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

Part 1 - COMMERCIAL CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS - (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41

U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the

Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR

Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) https://www.acquisition.gov/

Solicitation No. 140R4018Q0008 titled “Bureau of Reclamation, Upper Colorado Region, Heavy Equipment Rental

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 this/these address(es): FAR Clauses – https://www.acquisition.gov/far/

Clause Title Date

52.208-4 Vehicle Lease Payments April 1984

52.208-5 Condition of Leased Vehicles April 1984

52.208-6 Marking of Leased Vehicles April 1984

52.208-7 Tagging of Leased Vehicles May 1986

52.211-16 Variation in Quantity April 1984

52.212-4 A1 Contract Terms and Conditions – Commercial Items – Alternate I January 2017

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

June 2016

52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013

52.233-4 Applicable Law for Breach of Contract Claim October 2004

52.242-15 Stop-Work Order August 1989

ADDENDUM TO 52.212-4

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 01-Apr-2018 through 66 Months.

(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)

ADDENDUM TO 52.212-4

52.216-22 INDEFINITE QUANTITY - (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or…