140R4021Q0071_-_Combined_Synopsis_Sol_-_EBHD_Rehab_Water_Tank_Insp_1.docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 140R4021Q0071 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect in the Federal Acquisition Regulations FAC 2021-06 effective 07/12/2021.

This is a total small business set-aside under NAICS 541380 with an associated small business size standard of $16.5 million.

Solicitation Closing Date: August 27, 2021 Solicitation Closing Time: 1500 MDT

ONLY ELECTRONIC QUOTES will be accepted for this requirement. Quotes must be emailed to:

Tina Villegas, Contract Specialist Bureau of Reclamation Email: tvillegas@usbr.gov

All quotes must be received by the Contract Specialist no later than 1500 MDT on August 27, 2021 to be considered for award.

Email subject line must be named as follows:

Quote – (Company Name) 140R4021Q0071 – Elephant Butte Historic District (EBHD) Rehab – Water Tank Inspections

DEADLINE FOR QUESTIONS: Inquiries regarding this Solicitation should be emailed to Tina Villegas at tvillegas@usbr.gov by August 18, 2021, 1700 MDT.

Line Item Information:

Price Schedule

Inspection Above Ground Steel Tanks (3 Tanks)

Labor Hours

Inspection Above Ground Concrete Tank (1 Tank)

Labor Hours

New Mexico Gross Receipts Tax at Current Rate**

Note: There is only one CLIN for this requirement; however, there are multiple sublines needing price breakout.

* Travel and Per Diem will be paid per the Federal Travel Regulations (FTR) and copies of paid receipts shall be submitted with the invoice. The Contracting Officer shall approve Travel Expenses (airfare, rental vehicle, etc.) A cost breakdown will be required to show airfare costs, lodging costs, car rentals, gas, and mileage, and per diem.

** New Mexico Gross Receipts tax is approved by the Contracting Officer based on the location of work or an average if work covers multiple locations.

Total price includes all costs for furnishing all labor, equipment, materials, and report findings as required by the Statement of Work and all applicable fees and taxes.

TOTAL PRICE: $__________

Quote Evaluation: Award shall be made to the vendor offering the best value to the Government based on:

(i) Technical capability of the Offeror to provide the water tank inspections as per the Statement of Work. Technical Capability must meet or exceed the specification.

(ii) Past Performance - The Offeror will be evaluated to determine if past performance on previous or present Federal, State, local Governments and private industry contracts were/are similar to the magnitude of effort and complexity as in this solicitation. Additionally, the Contracting Officer will use past performance information available from the Contractor Performance Assessment Reporting System and possibly information from sources not provided by the Offeror.

(iii) Lowest Price

Quote Submission: All quotes shall be submitted to tvillegas@usbr.gov no later than August 27, 2021 at 1500 MDT. Each quote shall contain the following:

1. Technical Capability of providing the water tank inspections as per the Statement of Work. Offeror must submit a written narrative that describes the offeror’s technical capability to meet the specifications contained in this solicitation. Offer may include company profile, resumes, technical description of service being provided, and pertinent information to enable the Government to determine the Offer’s technical sufficiency.

2. Past Performance - The Offeror shall provide the three (3) most recent contracts featuring any combination of Federal, State, local governments, and/or commercial projects completed during the last five (5) years of similar scope, complexity, and magnitude as required under the Statement of Work for this solicitation. For each project, include:

(i) Name of the project, location, client’s name;

(ii) Description of the work;

(iii) Contract number, date and type;

(iv) Point of contact information must include the name, address, email address, and phone number(s) of the acquiring Government agency or commercial customer;

(v) Initial and final contract amounts, original completion date, actual date of completion; and

(vi) Any problems encountered in supplying the item and documented corrective action(s) taken; and

(vii) Describe the service supplied as applicable to this solicitation; and

(viii) Name(s) and telephone number(s) of references from the acquiring agency or customer who may be contacted for further information.

An Offeror without a record of relevant past performance for whom past performance is not available will be given a neutral rating.

3. Price

a. Offers will be considered for award as per the Price Schedule shown above, but no offer will be considered for award on only a part of the Price Schedule.

b. Offerors shall complete the Price Schedule.

Failure to provide any information identified herein may render your offer technically insufficient.

Contract shall be awarded to the Offeror that is found to be technically acceptable and the lowest priced offer.

Elephant Butte Historic District Rehab – Water Tank Inspections specifications:

Statement of Work

1.0 - Abbreviations, Definitions, and Acronyms The Bureau of Reclamation commonly uses the following definitions listed below:

AWWA American Water Works Association

2.0 - Introduction Four water tanks are required to be inspected, three 30-foot by 10-foot-diameter steel tanks and a 49-foot-diameter by 24-foot-tall reinforced concrete masonry water tank with roof decking. No existing drawings are available for the four water tanks to be inspected.

· Steel Tanks:

There are interior and exterior ladders, and a 16-inch bulkhead hatches for access into each steel tank. The tanks are only accessible by four-wheel drive vehicles.

· Concrete Masonry Tank:

The concrete tank is accessible from the top, and a manlift is needed for entry. Some of the roof decking is rotten and in need of repair. A manlift will be needed in accessing the roof hatch on top. Reclamation installed a fiberglass liner in 2006. The tank has a catwalk circling the interior of the structure.

2.1 – Location and Hours of Operations The Reclamation’s facility is located near County Road 51 south east of Truth or Consequences, New Mexico 87901 in Sierra County at Latitude 3308′55" and Longitude 10711′04". Reclamation’s standard business hours are Monday through Friday from 7:30 AM to 4:00 PM MDT except federal holidays.

2.2 – Site Visit Reclamation plans to hold a site visit for perspective offerors on Wednesday, August 11, 2021 at 9:30 AM MDT at the Elephant Butte Field Division, 4696 Highway 51, Truth or Consequences, NM 87901. It is recommended, but not required that interested Contractors attend the site visit to perform investigation as to the existing conditions affecting the services to be performed under this Statement of Work. If the Contractor chooses not to attend the site visit to conduct investigations he/she will nevertheless be charged with knowledge of conditions which reasonable inspection and investigations would have disclosed.

2.3 – Period of Performance The current period of performance for this requirement is 60 days after notice to proceed. Adjustments to the schedule will be considered if weather will impact quality and safety during the project activities.

2.4 – Background Congress authorized the construction of Elephant Butte dam on February 25, 1905, with construction beginning in 1911. The Elephant Butte Historic District (EBHD) area consists of approximately 130 acres and 65 different structures, 32 of which are recorded on the National Register of Historic Places. Reclamation owns all buildings and assets within the Historic District. Several original structures were built during the construction of the dam between 1911-1916 while others were built by the Civilian Conservation Corps (CCC) in the 1930s and 1940s.

Two of the original structures are the concrete masonry water tank and old Reclamation Service Office that now serves as a Lodge. The CCC came in and added the majority of the recreation assets including 2 of the houses in Hospital Canyon, 15 of the casitas, the fish hatchery area, the RV park, and numerous trails and beautiful rock retaining walls throughout the area.

The area was under a lease agreement with New Mexico State Parks but was turned back to Reclamation in 2015 due to the needed improvements and little financial assistance through the Title 28 cost share agreement. The area is currently open to the public (with the exception of the restaurant) and is temporarily managed by a licensee while a concession contract is being put into place.

In order for recreation use with the current licensee to continue, major safety issues at EBHD need to be addressed immediately. Additional improvements are needed considering the infrastructure is at the end of its useful life or past its useful life. The improvements made to safety and infrastructure will enhance the likelihood of potential businesses bidding for a concession contract for the area. These required safety improvements include a geotechnical investigation at the restaurant, infrastructure upgrades including electric, water, wastewater, roofing, signage, and other recreation related upgrades.

The facility is a smoke-, drug-, and alcohol-free facility.

3.0 – Scope of Work Tank Inspections: General Tank inspections and evaluations shall be completed in accordance to API 653 (latest edition). All applicable AWWA standards, OSHA standards and as specified herein. The interior and exterior of each tank shall be inspected.

Tank inspection shall consist of a careful study of the tank’s interior, exterior, and accessories. Inspections shall include structural conditions, safety conditions, sanitary conditions, coating systems conditions, and security conditions. All necessary surfaces on the tank shall be accessed by rigging and repelling the interior and exterior as required by the condition and design of each tank.

1. Structural investigations include, but are not limited to

a. Anchor Bolts

b. Foundations

c. Riser/shell steel

d. Spider Rods

e. Roof Trusses

f. Weld seams

2. Safety investigations include, but are not limited to

a. All applicable regulations (OSHA, AWWA, FAA, etc.)

b. Ladders

c. Fall preventions

d. Guardrails

e. Access manways

f. Confined Space

g. Radiation

3. Sanitary investigations include, but are not limited to

a. Roof openings

b. Access hates

c. Low spots on roofs

d. Vents

e. Overflows

4. Coatings system investigations include, but are not limited to

a. Type of general condition

b. Approximate percentage and type of coatings system failure.

c. Adhesion

d. Coating system thickness

e. Extent of pitting damage

f. Heavy metal presence

5. Security investigations include, but are not limited to

a. Physical deterrents: fences, locks, barricades, lighting, ladder guards, and vents

b. Telemetry: alarm system and control system The tank floor and first shell ring (at a minimum) on steel tanks shall be cleaned as necessary to allow for a thorough inspection of surfaces. The entire tank floor and entire tank wall of concrete tanks shall be cleaned using a high-pressure pump, as necessary, to remove any sediment, scaling, etc., to allow for a thorough inspection of the surfaces. The contractor shall dispose of any sediment at approved locations as directed by the Contracting Officer’s Authorized Representative.

The contractor shall inspect the condition of the fiberglass liner inside the concrete masonry tank. Also, an inspection of the wooden shingles and hatch opening shall be performed on the concrete masonry tank.

The tanks shall be inspected from all views, to provide an accurate evaluation of its condition and to identify sanitary, safety and/or structural deficiencies and to provide detailed recommendations for required remedial work.

The contractor shall assess condition of interior and exterior tank surfaces and evaluate effects of corrosion. The evaluation shall include an analysis of the roof for all water tanks, floor, nozzles, vents and shells for intended design conditions and determine the tank’s suitability for service, based on the existing roof, floor and shell place thickness and material. The analysis shall take into consideration all anticipated loading conditions, including pressure due to fluid static head, internal and external pressures, wind loads, seismic loads, roof live loads, nozzle loads, settlement, and attachment/accessories loads. All assumptions used in the analysis shall be provided to the Contracting Officer’s Technical Representative for approval.

1. Tank Inspections: Exterior

a. Inspect, record, and evaluate concrete surface for spalling, cracking, exposed reinforcing wire, evidence of leakage, and other items requiring rehabilitation.

b. Inspect, record, and evaluate tank foundation for spalling, cracking, settling, etc. Note evidence of anchor bolt corrosion, distortion, or loose/missing anchor bolt nuts.

c. Inspect, record, and evaluate tank roof and shell for distortion, bulging, blistering, leakage, pitting, corrosion of outside stiffeners and wind girders, cracking of attachment welds, etc.

d. Inspect, record, and evaluate tank nozzles and penetrations for distortion, bulging, blistering, leakage, corrosion, and pitting.

e. Inspect, record, and evaluate tank grounding connections, as applicable, to ensure good electrical contact and condition of grounding bolts, bands, straps, and rods.

f. Inspect, record, and evaluate the overall coating condition with description of chalking, peeling, coating faults, along with dry film thickness and overall coating adhesion condition to the surface. Determine the anticipated remaining useful life of the coating system(s).

g. Summarize the overall configuration and coatings history of the tank based on available record information and site observations.

h. Obtain paint chip samples of the existing coating system(s) and analyze for lead, cadmium, and chromium content.

i. Inspect the wood shingles on top of the concrete masonry storage tank.

2. Tank Inspection: Interior

a. Interior of tank shall be cleaned if needed to perform the required inspection. All scale, etc., shall be removed so that a thorough inspection may be conducted, and satisfactory operation can be achieved. All floor welds at the bottom shall be cleaned.

b. Baffles and attachments shall be inspected for deterioration, damage, and/or proper installation.

c. Inspect, record, and evaluate tank nozzles and penetrations for distortion, bulging, blistering, leakage, corrosion, and pitting.

d. Inspect, record, and evaluate tank roof for mechanical integrity and leaks.

e. Determine the condition of the fiberglass liner for the concrete water tank.

f. Obtain a minimum of 4 shell plate readings at each shell plate

g. Thickness readings shall be made about the internal circumference of each accessible nozzle. Nozzles with an internal diameter which do not permit access shall be tested from the outside of the tank.

h. Tank regions, including regions of the bottom, shell, roof, or nozzles, that exhibit visually detectable metal loss shall require multiple ultrasonic thickness measurements to determine the thinnest area within the reason and to define the dimensions of the affected region. Localized thinning shall be evaluated per API 653.

i. Inspect, record, and evaluate all tank roof components, include roof supports, roof trusses, vents, and rafters, for mechanical integrity, corrosion, leaks, evidence of bucking, distortion, and/or deterioration including roof shingles for the concrete storage tank. A minimum of four measurements per roof plate (exterior side) shall be obtained. Additional measurements shall be obtained to the extent necessary to determine tank’s overall suitably for service.

j. Inspect, record, and evaluate all tank roof components, including roof supports, roof trussed, shingles, vents, rafters, for mechanical integrity, corrosion, leaks, evidence of buckling, distortion, and/or deterioration. Additional measurements shall be obtained to the extent necessary to determine tank’s overall suitability for service.

k. Inspect, record, and evaluate all tracks, rollers, ladders, rolling ladders for mechanical integrity, corrosion/deterioration, leaks, evidence of buckling, distortion, and/or deterioration. Internal ladders or “painters ring” shall not be used for inspection purposes.

l. Perform settlement survey per API 653.

m. Inspect, record, and evaluate all concrete surface for spalling, cracking, exposed reinforcing, evidence of leakage, wall/floor seam condition, and other items requiring rehabilitation.

n. Inspect, record, and evaluate the oval coating condition with description of chalking, peeling, coating faults, along with dry film thickness and overall coating adhesion conditions to the surface. Determine the anticipated remaining useful life of the coating system(s).

o. Summarize and describe the overall configuration and coating history of the tank based on available record information and site observation.

p. Obtain samples of the existing coatings systems(s) and analyze for lead, cadmium, and chromium content

3. Records, Documentation and Report Format

a. Provide drawing(s) of each tank which accurately illustrates the identifying points which have been marked on the tank. Inspection findings shall be reported relative to their location in/on the tank, which sufficient detail to permit relocation and evaluation of the reported condition(s). Provide additional notes, sketches, or documents appended to the report, as necessary, to describe the inspection findings more fully.

b. Provide photographic record of observations to adequately portray the overall findings of the inspection of each tank.

c. Provide recommendations, as necessary, for repairs and modifications to baring each tank inspected into compliance with present AWWA, OSHA, and sanitary standards and regulations.

4.0 – Qualifications Inspection services shall be provided by organizations or individuals who are properly qualified to do the work. Qualification requirements are as follows:

a. All inspections shall conform to the requirements of 40 C.F.R. 141.63(e)(3) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross connection control, and continual maintenance of positive water pressure in all parts of the distribution system.

4.1 – Examination and Report of Entire Elevated Water Tank Reservoirs

1. The report shall include

a. Rough approximation of percent of corroded steel and/or spalled or cracked areas of concrete, expressed in quantitative terms (square feet, lineal feet, etc.).

b. Specific location of such areas if segregated or otherwise appropriate.

c. Character of such rust areas (blotching, corrosion, loose paint, etc.)

d. Recommendations for concrete or steel restoration and coatings.

e. Test samples of the interior and exterior coatings, in areas in which replacement may take place, if applicable. The testing of existing coatings for lead and chromium content in conformance with current standard requirements.

2. Type of repairs—where pitting has penetrated to a depth indicating the necessity of repairs, the report shall so state specifically, describing the location of spots, and their size. If they can be repaired by patches, the inspector shall clearly specify the type and extent recommended. The report shall inform the USBR of the repair work which is considered necessary. The report need not be limited to the items specifically outlined herein but shall include all items of any nature which the inspector considers necessary.

3. Detailed Report – in addition to the descripting report outlined above, the inspector should include pertinent measurement of all the tank’s structural members and report on the appearance and structural condition of the following items where applicable:

(1) Tower, Interior and Exterior

(a) Roof Structure (size and style)

(b) Vents (size and style)

(c) Roof manways (size and style)

(d) Ventilation manways (size and screen size)

(e) Overflow weir and pipe (size, style, air breaks, pads, drainage)

(f) Support column (size and style)

(g) Capacity level and head range

(h) Mud rings

(i) Drains

(j) Hatches

(k) Floor Condition (oil canning)

(l) Cathodic protection

(m) Pitting

(n) Girders and sail plates

(o) Ladders, cages, platforms, and handrails

(p) Painters rigging

(q) Reinforcement pads

(r) Balcony or stiffening girder

(s) Anchor bolts and cotter pins

(t) Base pad conditions including flexcell and grout

(u) Screens and vents and overflows

(v) Lighting

(w) Site dimensions

(2) Inlet/outlet piping.

(3) Indications of leakage.

(4) Condition of coated surfaces.

(5) Is the tank welded, riveted, or bolted?

(6) Safety Devices and general compliance of the reservoir with OSHA or ANSI safety standards.

(7) Site drainage and indication of settlement.

(8) Compliance of the reservoir opening and coatings with sanitary and OSHA, health department requirements.

(9) Condition of all reservoir appurtenance.

(10) Evidence of ice or other damage to the reservoir.

(11) Evidence of vandalism.

(12) Compliance of the reservoir’s present condition with current AWWA Standards.

(13) Gasket Size.

Color photographs and/or video will be used along with the report to document all the observations of the inspector. The photographs shall include captions and be referenced and support to the inspector’s observations.

Recommendations for Specifications – the report shall include recommendations for items to be included in the specifications for correcting all deficiencies found during the evaluation. Projected life of the tank and present coatings will also be included.

Cost Estimate – the report will include an opinion of how much the recommendations will cost to repair the structure. The estimated life of coating recommendations will also be included, as will the expected remaining service of the reservoir. If appropriate, estimated demolition cost will be included.

Disposition of Report – Three copies of the report shall be submitted to the Contracting Officer’s Representative.

Cost Comparison Estimate – New tank vs. recondition project will be prepared if deemed appropriate by the inspector.

A qualified tank inspection company shall prepare the report and make recommendations.

5.0 – Provided to Offeror

5.1 – Point of Contact The following key Government personnel are:

6.0 - Price Cost for water tank inspections will be offered for the lump sum price which will include cost for furnishing all labor, equipment, materials, and report findings required to perform the work required in the Statement of Work in these paragraphs.

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT 2018)

---Addendum to 52.212-4---

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

(End of Clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

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

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

Under this contract, submit an electronic copy of the invoice to the Contracting Officer Representative (COR) to sign and copy the Contracting Officer. Once the invoice is signed by the COR, then upload and submit signed invoice to IPP. Failure to email the invoice correctly 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.

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.

(End of Local Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(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."

(End of clause)

WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (FEB 2017)

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

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

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

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be

(ii) delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(iii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

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

(2) Classified Information.

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

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary,

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

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

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

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

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

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUL 2021)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)). [ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)…