Solicitation No.

140R4025R0017

Document Title

BGNDRF Yard Piping Upgrade

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data-Modifications

CONTINUATION OF SECTION B – Supplies or Services and Prices (Phase 2 Only)

SECTION C - Description/Specifications (Statement of Objectives-Attachment 1)

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Bidders

SECTION L - Instructions, Conditions, and Notices to Bidders

SECTION M - Evaluation Factors for Award

CONTINUATION OF SECTION B – SUPPLIES OR SERVICES AND PRICES

Brackish Groundwater National Desalination Research Facility Yard Piping and

Flow Measurement Upgrade Alamogordo, New Mexico

B.1 PRICE SCHEDULES (Section J – Attachment 12)

• TO BE PROVIDED IN PHASE 2 ONLY

SECTION C – DESCRIPTION/SPECIFICATIONS

Please See Section J – Attachment 1 – Statement of Objectives (SOO)

SECTION D – PACKAGING AND MARKING

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION E – INSPECTION AND ACCEPTANCE

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: http://www.acquisition.gov/far/

RFO Part 52: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996 http://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/diar

SECTION F – DELIVERIES OR PERFORMANCE

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000) (RFO

DEVIATION OCT 2025)

(a) If the Contractor Fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $1,616.08 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

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: http://www.acquisition.gov/far/

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

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.211-13 Time Extensions September 2000

52.236-15 Schedules for Construction Contracts April 1984

(RFO Deviation Jan

2026)

52.242-14 Suspension of Work September 1984

52.242-15 Stop-Work Order August 1989

SECTION G – CONTRACT ADMINISTRATION

1452.201-70 AUTHORITIES AND DELEGATIONS – DEPARTMENT OF THE

INTERIOR (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

Disputes clause of this contract.

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

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) (FEB 2021)

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

The Contractor shall also submit and electronic copy of the IPP invoice to the Contracting

Officer Representative, To Be Determined at award and to the Contract Specialist, Valeire

Jiron at Valerie_jiron@ios.doi.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

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

IPP invoice:

Design Phase:

• Invoice showing percent completion of design.

Construction Phase:

• Construction Invoice

• Monthly Certificate of Labor Conformance

• Subcontractor/Supplier Payment Summary

FAR 32.905(b) outlines a Proper Invoice to include:

1. Name & address of the Contractor

2. Invoice date & number

3. Contract number, contract line-item and, if applicable, the order number

4. Description, quantity, unit of measure, unit price and extended price of the items delivered

5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading

6. Terms and any discount for prompt payment offered

7. Name and address of official to whom payment is to be sent

8. Name, title, and phone number of person to notify in event of defective invoice

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

Any other information or documentation required by the contract.

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.

https://www.ipp.gov/ mailto:Valerie_jiron@ios.doi.gov

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 1452.242-80 POSTAWARD CONFERENCE -- BUREAU OF RECLAMATION (MAR 2022)

(a) Prior to the contractor starting work, a post award conference (as described in FAR Subpart

42.5), will be convened by the contracting activity or contract administration office. The contractor's project manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference (if in person) will be held at Brackish Groundwater National

Desalination Research Facility site at 500 L Velle Road in Alamogordo, NM (88310) Otero

County. If it cannot be held in-person for any reason, it will be held virtually using

Microsoft Teams. If held virtually, each attendee shall attend using a separate computer/camera.

(c)The contracting officer and the contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the contracting officer shall establish the date for the conference.

(d) The contractor shall not be entitled to the reimbursement of any costs associated with attendance at the conference beyond the agreed-to contract price.

(End of 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."

SECTION H – SPECIAL CONTRACT REQUIREMENTS

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (DEC 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance

Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web- based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information

Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

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

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

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

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

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

Close the Evaluation”.

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

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

https://www.cpars.gov/

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

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

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

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

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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

(End of Clause)

SECTION I – CONTRACT CLAUSES

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: http://www.acquisition.gov/far/

RFO Part 52: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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

(End of clause)

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 [insert regulation name] (48 CFR [ ]) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.202-1 Definitions June 2020

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government June 2020

52.203-7 Anti-Kickback Procedures June 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

June 2020

52.203-17 Contractor Employee Whistleblower Rights November 2023

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

January 2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204- 10 Reporting Executive Compensation and First Tier

Subcontract Awards

June 2020 (RFO

Deviation Mar 2026)

52.204-13 System for Award Management Maintenance October 2018 (RFO

Deviation Mar 2026)

52.204-14 Service Contract Reporting Requirements October 2016 (RFO

Deviation Mar 2026) http://www.acquisition.gov/far/

52.204-19 Incorporation by Reference of Representations and

Certifications

December 2014

(RFO Deviation Mar

2026)

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

January 2025

(RFO Deviation May

2026)

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

October 2018

(RFO Deviation May

2026)

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

November 2015

(RFO Deviation May

2026)

52.215-2 Audit and Records Negotiation June 2020

52.215-8 Order of Precedence Uniform Contract Format October 1997

52.215-21 Requirements for Certified Cost or Pricing Data and

Data Other Than Certified Cost or Pricing Data-

Modifications

November 2021

52.219-6 Notice of Total Small Business Set-Aside November 2020

(RFO Deviation Jan

2026)

52.219-8 Utilization of Small Business Concerns January 2025 (RFO

Deviation Jan 2026)

52.219-9 Small Business Subcontracting Plan January 2025 (RFO

Deviation Jan 2026)

52.219-14 Limitations on Subcontracting October 2022

(RFO Deviation Jan

2026)

52.219-16 Liquidated Damages - Subcontracting Plan September 2021

(RFO Deviation Jan

52.219-28 Post award Small Business Program Rerepresentation January 2025 (RFO

Deviation Jan 2026)

52.222-3 Convict Labor. June 2003 (RFO

Deviation May 2026)

52.222-4 Contract Work Hours and Safety Standards Overtime

Compensation

May 2018 (RFO

Deviation May 2026)

52.222-6 Construction Wage Rate Requirements August 2018

(RFO Deviation May

2026)

52.222-7 Withholding of Funds May 2014

(RFO Deviation May

2026)

52.222-8 Payrolls and Basic Records July 2021

2026)

52.222-9 Apprentices and Trainees July 2005

2026)

52.222-10 Compliance With Copeland Act Requirements February 1988

(RFO Deviation May

2026)

52.222-11 Subcontracts (Labor Standards) May 2014

(RFO Deviation May

2026)

52.222-12 Contract Termination Debarment May 2014

(RFO Deviation May

2026)

52.222-13 Compliance With Construction Wage Rate

Requirements and Related Regulations

May 2014

(RFO Deviation May

2026)

52.222-14 Disputes Concerning Labor Standards February 1988

(RFO Deviation May

2026)

52.222-15 Certification of Eligibility May 2014

(RFO Deviation May

2026)

52.222-35 Equal Opportunity for Veterans June 2020

(RFO Deviation May

2026)

52.222-36 Equal Opportunity for Workers with Disabilities June 2020

(RFO Deviation May

2026)

52.222-37 Employment Reports on Veterans June 2020

(RFO Deviation May

2026)

52.222-40 Notification of Employee Rights Under the National

Labor Relations Act

December 2010

(RFO Deviation May

2026)

52.222-50 Combating Trafficking in Persons November 2021

(RFO Deviation May

2026)

52.222-54 Employment Eligibility Verification January 2025

(RFO Deviation May

2026)

52.222-55 Minimum Wages for Contractor Workers Under

Executive Order 14026

January 2022

(RFO Deviation May

2026)

52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022

(RFO Deviation May

2026)

52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts

May 2024

52.223-3 Alt I Hazardous Material Identification and Material Safety

Data. Alternate I (JUL 1995)

February 2021

(RFO Deviation May

2026)

52.223-5 Pollution Prevention and Right to Know Information May 2024

52.223-23 Sustainable Products May 2024

(RFO Deviation May

2026)

52.225-9 Buy American-Construction Materials Oct 2022

52.226-7 Drug Free Workplace May 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving

May 2024

52.227-4 Patent Indemnity – Construction Contracts December 2007

52.228-2 Additional Bond Security October 1997

52.228-5 Insurance Work on a Government Installation January 1997

52.228-11 Individual Surety Pledge of Assets February 2021

52.228-12 Prospective Subcontractor Requests for Bonds December 2022

52.228-14 Irrevocable Letter of Credit November 2014

52.228-15 Performance and Payment Bonds-Construction June 2020

52.229-3 Federal, State, and Local Taxes February 2013 (RFO

Deviation Oct 2025)

52.229-10 State of New Mexico Gross Receipts and Compensating

Tax

Apr 2003 (RFO

Deviation Oct 2025)

52.232-5 Payments Under Fixed Price Construction Contracts May 2014

52.232-17 Interest May 2024

52.232-23 Assignment of Claims May 2014

52.232-24 Prohibition of Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-33 Payment by Electronic Funds Transfer System for

Award Management

October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

March 2023

52.233-1 Disputes May 2014

52.233-3 Protest After Award August 1996

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

52.236-2 Differing Site Conditions April 1984 (RFO

Deviation Jan 2026)

52.236-3 Site Investigation and Conditions Affecting the Work April 1984 (RFO

Deviation Jan 2026)

52.236-5 Material and Workmanship April 1984 (RFO

Deviation Jan 2026)

52.236-6 Superintendence by the Contractor April 1984 (RFO

Deviation Jan 2026)

52.236-7 Permits and Responsibilities November 1991

(RFO Deviation Jan

2026) 52.236-8 Other Contracts April 1984 (RFO

Deviation Jan 2026)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

April 1984 (RFO

Deviation Jan 2026)

52.236-10 Operations and Storage Areas April 1984 (RFO

Deviation Jan 2026)

52.236-11 Use and Possession Prior to Completion April 1984 (RFO

Deviation Jan 2026)

52.236-12 Cleaning Up April 1984 (RFO

Deviation Jan 2026)

52.236-13 Accident Prevention November 1991

(RFO Deviation Jan

2026)

52.236-14 Availability and Use of Utility Services April 1984 (RFO

Deviation Jan 2026)

52.236-15 Schedules for Construction Contracts April 1984 (RFO

Deviation Jan 2026)

52.236-17 Layout of Work April 1984 (RFO

Deviation Jan 2026)

52.236-21

Alt I

Specifications and Drawings for Construction February 1997 (RFO

Deviation Jan 2026)

52.240-91 Security Prohibitions and Exclusions (RFO Deviation Mar

2026)

52.242-5 Payments to Small Business Subcontractors January 2017

52.242-13 Bankruptcy July 1995

52.243-4 Changes June 2007 (RFO

Deviation Oct 2025)

52.244-6 Subcontracts for Commercial Products and Commercial

Services

January 2025 (RFO

Deviation May 2026)

52.246-21 Warranty of Construction March 1994

52.248-3 Value Engineering Construction October 2025

52.249-2 Termination for Convenience of the Government (Fixed

Price)

April 2012

52.249-10 Default (Fixed Price Construction) April 1984

52.253-1 Computer Generated Forms January 1991

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting

Officer may exercise the option by written notice to the Contractor within 7 days of identifying piping leak. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.222-90 ADDRESSING DEI DESCRIMINATION BY FEDERAL CONTRACTORS

(RFO DEVIATION MAY 2026)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting

Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests. (1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the

Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments. (1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount.

If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor’s-

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title. (1) Titleto the property described in this paragraph (f) shall vest in the Government.

Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the

Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the

Government under this clause, the Contractor shall obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor’s records or controls are determined by the Contracting

Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor’s records and to examine and verify the

Contractor’s performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the

Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the

Default clause.

(k) Reservation of rights. (1) No payment or vesting of title under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the

Government.

(l) Content of Contractor’s request for performance-based payment. The Contractor’s request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract’s description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that-

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated

_____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of clause)

1452.203-70 RESTRICTION ON ENDORSEMENTS – DEPARTMENT OF THE

INTERIOR (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the

Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting

Officer with a release of claims against the United States relating to this contract. The Release of

Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

1452.215-70 EXAMINATION OF RECORDS – DEPARTMENT OF THE INTERIOR

(APR 1984)

For purposes of the Examination of Records by the Comptroller General clause of this contract

(FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT OF

THE INTERIOR (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.

552), the following terms shall have the meaning set forth below:

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

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of

Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption

(9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of

Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

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

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

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

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.

However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the

Government as evidence that the information is not exempt from disclosure under the Freedom of

Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of provision)

1452.228-70 LIABILITY INSURANCE (JUL 1996)

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

WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY

$100,000 minimum coverage

GENERAL LIABILITY

$500,000 per occurrence

AUTOMABILE LIABILITY

$200,000 each person

$500,000 each occurrence

$20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance.

The certificate shall identify the contract number, the name and address of the Contracting

Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

WBR 1452.223-80 ASBESTOS-FREE WARRENTY – BUREAU OF RECLAMATION

(AUG 2021)

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available.

(End of clause)

WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION (OCT 2022)

(a) The Contractor shall not require any…