140R6024Q0036_Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

Hazardous Tree Removal/Limb Cutting

Canyon Ferry Reservoir 140R6024Q0036

General Information Contract Opportunity Type: Request for Quote (Original) All Dates/Times are: (UTC-06:00) MOUNTAIN DAYLIGHT TIME

Classification Responses Due: 02/05/2024 Product Service Code: PSC F014 NAICS Code: 561730

Description This requirement was previously advertised under 140R6024Q0026 and is being reissued due to PWS (Performance Work Statement) clarifications.

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; quotations are being requested and a written solicitation will not be issued.

The solicitation number 140R6022Q0036 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02 effective December 22, 2023.

This solicitation is a total small business set aside in accordance with FAR Part 19. The NAICS code for this order is 561730 Landscaping services with an associated small business size standard of $9.5 Million dollars;

and PSC F014 - Natural Resources/Conservation- Tree Thinning.

Service Requirement The Bureau of Reclamation, Missouri Basin Region, Canyon Ferry Field Office has a requirement for the removal of identified hazardous trees/limbs from designated areas at Canyon Ferry Reservoir (Pick-Sloan Missouri Basin project) to reduce hazards to the public and protect Reclamation facilities and employees.

It is anticipated the proposed award will result in a Firm Fixed-Price contract, to one contractor.

All responsible small business sources that believe they have the capability to meet this need may submit a quotation along with business profile to Michelle Romine at mromine@usbr.gov by 4:00 PM MDT, Monday, February 05, 2024, which shall be considered by the agency. Any information received will be treated as market research information for future same or similar requirements.

The Government will not reimburse any costs associated with responding to this combined synopsis/solicitation.

This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. A determination by the Government not to award this proposed contract action, based on the responses to this notice, is at the discretion of the Government.

Hazardous Tree/Limb Cutting Canyon Ferry Reservoir Canyon Ferry Field Office, Montana Solicitation No.140R6024Q0036

PERFORMANCE WORK STATEMENT

PROJECT TITLE: Hazardous Tree/Limb Cutting

Canyon Ferry Reservoir, Pick-Sloan Missouri Basin Project, Montana

SECTION 1 - GENERAL

1.1 BACKGROUND

Bureau of Reclamation anticipates award of a contract for the mechanical removal of hazardous trees/limbs at Canyon Ferry Reservoir (Pick-Sloan Missouri Basin Program) located at Canyon Ferry Unit, Montana, to reduce hazards to the public, employees and facilities.

Canyon Ferry Reservoir was completed in 1954 and is used for electricity generation, irrigation, flood control and recreation. Canyon Ferry has become one of Montana’s foremost recreation areas because of its proximity to Helena, Great Falls and Butte. The reservoir covers 25 miles and there are 24 Bureau of Reclamation maintained recreation sites around the reservoir.

The work required under the contract is to remove identified hazardous trees/limbs from designated areas at Canyon Ferry Reservoir (Pick-Sloan Missouri Basin project) to reduce hazards to the public and protect Reclamation facilities and employees.

1.2 SCOPE OF WORK

The objective of this contract is to acquire services to mechanically remove identified hazardous trees and remove dead or hazardous limbs from identified trees in designated areas within Canyon Ferry Reservoir area. Tree material shall be left in place after cutting except for the West Shore Drive area, where trees and limbs will be removed from the roadway immediately. When a tree is felled on or near the side of West Shore Drive the tree needs to be bucked up into logs 20” or less in length and stacked on the side of the road where the stacked logs will not interfere with traffic. All smaller limbs and debris shall be removed from the road and not be placed on BOR property or private property.

The limbs and debris shall be hauled off and disposed of by the contractor. Tree stumps shall be left flush with the ground. If circumstances warrant, a stump height up to 10” or less will be acceptable.

Exceptions can be made with prior approval from the COR.

Hazardous tree means a tree that, in the opinion of a certified arborist, is defective, diseased, dying, or dead and should be removed; poses a high risk of failure or fracture with the potential to cause injury to people or damage to facilities. Trees identified for removal are either dead or dying and pose a hazard from falling onto roadways, facilities or public spaces. Trees identified for limb removal were identified due to dead, dying or damaged limbs which may pose a hazard to roadways, facilities or public spaces and need to be removed. The contractor shall furnish all labor, materials, transportation, equipment, and supervision to satisfactorily perform the services as specified.

Traffic control on West shore Drive is the responsibility of the contractor. All traffic control on Reclamation projects must conform to the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, 2009 Edition, December 2009 (including Revision 1 dated May 2012 and Revision 2 dated May 2012), (“MUTCD”) IBR approved for §§1926.200(g) and 1926.201(a).

https://mutcd.fhwa.dot.gov/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmutcd.fhwa.dot.gov%2F&data=05%7C02%7Cmromine%40usbr.gov%7C355a77de47d54ba4970108dc21a7901c%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C638422250768723481%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=%2FF%2Bx%2BR0xR5C4RU2MQH0TmrA1PxG3mW%2BoQcxyvSXXqKw%3D&reserved=0

The work shall be performed from the time the contract is awarded to April 30, 2024, work then stops from May 1, 2024, to September 30, 2024, and can begin again and proceed until April 30, 2025.

Work hours are from 7:00 am to 7:00 pm. The contractor shall perform in accordance with the standards as defined in Section 4.0 of this Performance Work Statement (PWS).

1.2.1 AREAS TO TREAT

The Government has documented the hazardous trees and trees with limbs needed to be cut. The contractor shall leave cut tree material in place. Except for the West Shore Drive area, where trees and limbs shall be removed from the roadway immediately.

Treatment areas are listed in order of priority. Treatment areas should be cut in order, unless approved by COR. There are 9 treatment areas. Tables and photos of treatment areas with identified trees to be cut down or limbed are found in Appendix A.

Treatment Areas in Order of Priority

1. BOR Visitor Center and Office Compound 2.West Shore Drive

3. Crittendon Day Use Area

4. Cottonwood Campground

5. Court Sherriff Campground

6. Joe Bonner Campground

7. Hellgate Campground

8. Confederate Campground and Dispersed Camping Area

9. Goosebay Dispersed Camping Area

2.0 REFERENCES - The following list of documents are required in the performance of this contract:

Number Title and Edition Date Source 1 Inspection and Cleaning Manual for Equipment and Vehicles to Prevent the Spread of Invasive Species (Technical memorandum No. 86-68220- 07-05) Page 26

2012 Bureau of Reclamation http://www.usbr.gov/mussels /prevention

2 Reclamation Safety and Health Standards 2009 Bureau of Reclamation http://www.usbr.gov/ssle/saf ety/RSHS/rshs.html

3.0 TASKS - The contractor shall perform the following tasks:

1. Cut down all hazardous trees (marked at base with orange paint) in designated areas, as shown on the attached tables and maps. Tree species may include cottonwoods, firs, pines, willows, ash, elm, box elder and Russian olive.

http://www.usbr.gov/mussels/prevention http://www.usbr.gov/mussels/prevention http://www.usbr.gov/ssle/safety/RSHS/rshs.html

2. Trim all hazardous limbs (trees marked at base with blue paint) from trees in designated areas, as shown on the attached tables and maps. Tree species may include cottonwoods, firs, pines, willows, ash, elm, box elder and Russian olive.

3. Immediately remove all debris from trees and limbs on West Shore Drive as soon as it is created.

A. All equipment must be inspected and cleaned in accordance with Inspection and Cleaning Manual for Equipment and Vehicles to Prevent the Spread of Invasive Species (Technical memorandum No. 86-68220-07-05) 2012 Edition before entrance to Federal property.

B. Inform Contracting Officer Representative one day prior to entering a treatment area and within one day after leaving a treatment area to facilitate timely inspection.

C. All cut tree material shall be left in place, except for trees felled on West Shore Drive. When a tree is felled on or near the side of West Shore Drive the tree needs to be bucked up into logs 20” or less in length and stacked on the side of the road where the stacked logs will not interfere with traffic. All smaller limbs and debris shall be removed from the road and not be placed on BOR property or private property. The limbs and debris shall be hauled off and disposed of by the contractor.

D. All stumps shall be cut flush with the ground surface; removal below the ground surface is not required. If circumstances warrant, a stump height up to 10” or less will be acceptable. Exceptions can be made with prior approval from the COR.

E. Avoid removing or damaging other trees.

4.0 PERFORMANCE REQUIREMENTS SUMMARY

Task No.

Task Description

Performance

Indicator

Performance

Standard

Minimum Acceptable Quality

Level 1 Cut down all identified hazardous trees and limbs in identified trees in designated areas

The number of identified hazardous trees and limbs remaining after treatment

No hazardous trees/limbs remaining after treatment

No more than one hazardous tree and three hazardous limbs remaining per area after treatment

2 Clean debris from West Shore Drive immediately after trees or limbs are taken down.

The amount of remaining debris on West Shore Drive.

No debris remaining on West Shore Drive after treatment

No debris remaining on West Shore Drive

5.0 DELIVERABLES - The contractor shall provide the following data and reports as follows prior to initiation of any on-site activities:

Item No.

Description

Content

Delivery

1 Liability Insurance

Acceptable Certificate of Liability Insurance

1 Electronic copy to CO prior to commencing work

2 Safety Program Written safety plan compliant with Reclamation Safety and Health Standards

1 Electronic copy to COR prior to commencing work

3 Fire Prevention Plan

Mitigating actions to be taken to prevent accidental fires

1 Electronic copy to COR prior to commencing work

6.01 SAFETY PROGRAM

A. Submit the following in accordance with Section 5 - Deliverables.

B. RSN 01 35 20-1, Safety program:

1. Submit a comprehensive, job-specific safety and health program in accordance with

Section 5 - Deliverables and in accordance with the requirements of Section 3.3 of the Reclamation Safety and Health Standards (RSHS).

2. The Safety Program will not be accepted for review by the COR unless it addresses, in order, lettered and numbered per Appendix B of the RSHS, a comprehensive narrative for each applicable item in the outline and program elements contained in these specifications.

3. Generic company safety programs are not acceptable. The Safety Program must be site specific for this contract.

4. The Contractor’s Safety Program must be submitted and accepted by Reclamation prior to commencing onsite work, including mobilization.

5. The Safety Program Statement of Responsibility must state that “the contractor is responsible for ensuring that all work will be in compliance with Reclamation Safety and Health Standards and these specifications.”

C. RSN 01 35 20-2, Monthly accident summary report:

1. Form 7-2218 or other acceptable form in accordance with paragraph 3.8 of RSHS.

2. Submit on the first day of every month.

6.01.1 SAFETY AND HEALTH

A. Comply with RSHS, local safety programs, and any other referenced safety and health standards. Perform work in accordance with the specific safety program elements and referenced standards. Comply with RSHS Section 48 (see Appendix B).

B. Provide and maintain a work environment and procedures that will:

1. Safeguard the public, Government personnel, and Contractor employees from

Contractor operations and activities that are unsanitary, hazardous, or dangerous to health and safety.

C. For each operation requiring the use of heavy equipment, in addition to the use of backup alarms and high visibility vests, include in the Job Hazard Analysis specific steps to ensure the protection of onsite personnel (internal traffic control) from the hazards of being struck by or caught between moving equipment while working around such equipment. Possible methods of controlling said hazards may include radio communications, backup cameras and/or proximity devices, designated observers, etc. Provide all appropriate safety barricades, signs, and warnings.

D. Comply specifically with all requirements contained in RSHS Section 3 - Contractor Requirements.

E. Investigate and report all accidents, incidents and near misses in accordance with RSHS Section 3.7.

F. When the Contractor fails or refuses to promptly correct a compliance directive, the Contracting Officer (CO) may issue an order to stop all or any part of the work.

1. When satisfactory corrective action is taken, an order to resume work will be issued.

2. The Contractor shall not be entitled to extension of time or to claim for damage or to additional compensation by reason of ether the directive or the stop order.

3. Failure of the CO to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of the responsibility for the safety of personnel and property.

G. Disputes regarding safety and health issues will be settled in accordance with RSHS Section 3.

H. The Contractor shall be responsible for providing medical and emergency assistance in a timely manner that is consistent with recognized emergency protocols.

1. In instances where local emergency responders are not readily available, the responsibility to provide emergency services shall default back to the Contractor.

I. The Contractor shall be responsible for ensuring that Subcontractors comply with the requirements set forth in this specification, written programs, the regulatory standards and the industry standards incorporated by reference in the RSHS and OSHA standards.

J. Where there is conflict between the standards, the more stringent or restrictive shall be utilized.

K. The Contractor shall fully participate in the Contractor Safety Program Review meeting, according to RSHS Section 3.4.1. The Contractor Safety Program Review meeting will take place before the start of construction.

1. Include subcontractor management representatives.

2. The Safety Personnel shall be present, in order to discuss in detail, the Safety Program and Plans.

3. The COR, the Contractor's principal onsite representative, and designated members of respective staffs must participate in the Price Scheduled monthly safety meeting (JPSM) according to RSHS Section 3.4.2.

L. The minimum work crew at any time on the construction site shall consist of no less than two

(2) people.

6.01.2 ONSITE SAFETY REPRESENTATIVE

A. Designate an employee as the Contractor’s Onsite Safety Representative prior to start of construction.

B. Contractor’s Onsite Safety Representative authorities, duties, and responsibilities:

1. Review and approve the Contractor’s Safety Program prior to submittal.

2. Responsible for effectively implementing the Contractor’s Safety Program.

3. Full authorization to correct unsafe acts on the spot.

4. Prepare safety inspection reports.

5. Onsite during construction activities.

6.01.3 QUALITY ASSURANCE

C. Contractor’s Onsite Safety Representative:

1. The effectiveness of the Contractor’s Onsite Safety Representative in prosecuting the safety program will be subject to continued review and approval by the CO.

2. Should the Contractor’s safety effort be considered inadequate, the CO has the option to require the Contractor to employ a qualified Safety Professional.

D. Safety Program:

1. The effectiveness of the Contractor’s Safety Program will be subject to continued review and approval by the CO.

6.02 ENVIRONMENTAL CONTROLS

A. Comply with Federal, State, and local laws and regulations.

B. Comply with RSHS.

C. Conform to most stringent requirement in cases of conflict between specifications, regulatory requirements, and RSHS.

E. The CO may stop service activity in violation of Federal, State, or local laws and additional expenses resulting from work stoppage will be responsibility of Contractor.

6.02.1 AIR POLLUTION CONTROL

A. Use reasonably available methods and devices to prevent, control, and otherwise minimize atmospheric emissions or discharges of air contaminants.

B. Do not operate equipment and vehicles that show excessive exhaust gas emissions until corrective repairs or adjustments reduce such emissions to acceptable levels.

6.02.2 NOXIOUS WEED CONTROL

A. Before bringing on site, clean construction equipment to remove dirt, vegetation, and other organic material to prevent introduction of noxious weeds, and invasive plant and animal species.

B. Contractor cleaning procedures shall result in equipment being cleaned as well or better than the procedures described in USBR Cleaning Manual.

6.02.03 FIRE PREVENTION PLAN

A. Before mobilizing for construction, contractor shall prepare a Fire Prevention Plan identifying risks associated with the construction process and mitigating actions to be taken by the contractor to prevent accidental fires during construction.

B. The Fire Prevention Plan shall also include contact information for emergency responders in the event of a fire.

Appendix A

Tree Inventory and Tree Photos

Appendix B

Reclamation Safety and Health Standards (RSHS) Section 48

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

---Addendum to 52.212-4---

DIAR 1452.237-70 INFORMATION COLLECTION - DEPARTMENT OF THE INTERIOR (JUL 1996)

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)

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.

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

The Contractor shall submit an electronic copy of the invoice to: Ms. Michelle Romine, by electronic mail (e-mail) at mromine@usbr.gov. Ms. Romine will evaluate the submitted invoice and will provide an approval by emailing the contractor with an attached signed invoice. She may also reject the invoice; in this case, an email will be provided to the contractor with detailed information to revise the invoice as needed for approval. The Contractor shall also submit an electronic copy of the IPP invoice to mromine@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:mromine@usbr.gov mailto:mromine@usbr.gov mailto:IPPCustomerSupport@fiscal.treasury.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)

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

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

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.

WBR 1452.223-81 Safety and Health -- Bureau of Reclamation (AUG 2021)

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

(b) Contractor shall comply with the most current version of the Bureau of Reclamation Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13 ).

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

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part

1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail.

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

https://www.acquisition.gov/far/part-52#FAR_52_236_13 http://www.osha.gov/

(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (MAR 2022)

(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 contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer 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 immediately, but not later than 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. 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 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 SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), 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 contracting officer 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 delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer.

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 contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

http://www.usbr.gov/recman/DandS.html#sle

(ii) 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 contracting officer 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 contracting officer ten business days before the proposed date for release.

Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

(iii) 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, 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.

(iii) 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:

(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).

(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 Addendum to 52.212-4--- 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

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

[ ] (6) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

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

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

L. 115–390, title II).

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

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

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

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

(17)[Reserve[ ]d]

[X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

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

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ] (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

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

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

[ ] (iii) Alternate II (Nov 2016) of 52.219-9.

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ] (v) Alternate IV (Sep 2023) of 52.219-9

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

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation OCT 2022).

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

[ ] (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15

U.S.C. 657f).

[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023) (15 U.S.C. 632(a)(2)).

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

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

(WOSB) Concerns Eligible Under the WOSB Program (Oct 2022) (15 U.S.C. 637(m)).

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

[X] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) (E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[X] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

[ ] (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

[X] (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

[ ] (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[X] (60) 52.232-29, Terms for…