9__140R1021Q0028_RFQ_Rev1.pdf

Solicitation No. 140R1021Q0028

Commercial Item Acquisition

Title – UFO and McKay Office

Janitorial

Hermiston & Pendleton, OR

Quotes are due on 07/20/2021, 2:00 PM Mountain Time.

Vendors shall submit the following items in response to this solicitation:

1. SF-1449, blocks 17a, 30a-30c: Complete, date, and sign.

2. SF-1449, complete blocks 23 and 24 for each line item.

3. Submit the appropriate information requested under section E-1 52.212-1.

THE QUOTE SHALL BE RETURNED TO THE FOLLOWING EMAIL ADDRESS(ES):

jlarmay@usbr.gov masteele@usbr.gov

No facsimile (FAX) quotes will be accepted.

To receive an award, vendors must submit the completed provision 52.204-24 (E.6) if your

Representation and Certifications in SAM were completed before October 2020.

Vendor questions must be submitted and received e-mail no later than: 07/12/2021.

Only email questions will be accepted to individuals listed above.

Columbia-Pacific Northwest Region mailto:jlarmay@usbr.gov mailto:masteele@usbr.gov

140R1021Q0028

UFO Janitorial i

A SF1449 ................................................................................................................................. A-1

B CONTINUATION OF SF 1449 .......................................................................................... B-1

B.1 CONTINUATION OF BLOCK 19, LINE ITEMS ..................................................... B-1

B.2 CONTINUATION OF BLOCK 20 SCHEDULE OF SUPPLIES/SERVICES .......... B-1

C CONTRACT CLAUSES ..................................................................................................... C-1

C.1 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) ................ C-1

C.2 52.252-2 Clauses Incorporated by Reference (Feb 1998) ........................................... C-1

C.3 1452.201-70 Authorities and delegations (Sep 2011).................................................. C-1

C.4 WBR 1452.201-80 Contracting Officer’s Representative’s Authorities and Limitations -

- Bureau of Reclamation (May 2018) ..................................................................................... C-2

C.5 52.204-13 System for Award Management (Oct 2018) ............................................... C-3

C.6 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) ....... C-3

C.7 52.217-8 Option to Extend Services (Nov 1999)......................................................... C-3

C.8 52.217-9 Option to Extend the Term of the Contract (Mar 2000) ............................... C-3

C.9 52.219-6 Notice of Total Small Business Set-Aside (Deviation 2019-01) .................. C-3

C.10 52.219-14 Limitations on Subcontracting (Deviation 2019-01) .................................. C-4

C.11 WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to

Tobacco Smoke in the Federal Workplace – Bureau of Reclamation (Dec 2009) ................. C-5

C.12 1452.228-70 Liability Insurance – Department of Interior (Jul 1996) ........................ C-6

C.13 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec

2013. ………………………………………………………………………………………...C-6

C.14 WBR 1452.237-80 Security Requirements – Bureau of Reclamation (Feb 2017) ...... C-6

C.15 WBR 1452.242-80 Postaward Conference – Bureau of Reclamation (Jul 1983) ...... C-16

C.16 DOI-AAAP-0028, (Electronic Invoicing And Payment Requirements-Invoice

Processing Platform (IPP)) (Apr 2013) ................................................................................. C-16

C.17 52.212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive

Orders-Commercial Items (Jan 2021) ................................................................................... C-17

D ANY CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ......................... D-1

D.1 Performance Work Statement (PWS); The PWS is an extension of block 20 schedule of supplies/services. ..................................................................................................................... D-1

D.2 Wage Rates: Department of Labor, General Wage Decision No. 2015-5589, REVISION No. 15, dated 05/21/2021, 11 pages. ................................................................... D-1 ii

E SOLICITATION PROVISIONS .......................................................................................... E-1

E.1 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) ................................ E-1

E.2 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) ..................... E-5

E.3 52.204-7 System for Award Management (Oct 2018) .................................................. E-6

E.4 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) ............. E-6

E.5 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Oct 2020) ...................................................................... E-6

E.6 52.252-5 Authorized Deviation in Provisions (Nov 2020) ........................................... E-8

E.7 52.212-2 Evaluation – Commercial Items (Oct 2014) .................................................. E-8

E.8 52.212-3 Offeror Representations and Certifications – Commercial Items (Feb

2021)……………..................................................................................................................... E-9

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R10

Boise ID 83706-1234

Acquisition Management Division Regional Office Pacific Northwest Region Bureau of Reclamation

CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR10

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/20/2021 1400 MS2083786207Jordan Larmay (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R1021Q0028

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 4 0040529073OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1150 N. Curtis Road, Ste. 100

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

Boise ID 83706-1234 1150 N. Curtis Road, Ste. 100 Acquisition Management Division Regional Office Pacific Northwest Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PROJECT TITLE: UFO AND MCKAY FIELD OFFICE

JANITORIAL

DESCRIPTION: THIS IS A SOLICITATION FOR

JANITORIAL SERVICES IN HERMISTON AND PENDLETON,

OREGON FOR THE BUREAU OF RECLAMATION. PLEASE

PROVIDE PRICING QUOTE PER THE ATTACHED

PERFORMANCE WORK STATEMENT AND ENHANCED CLEANING

ADDENDUM BY EMAIL NO LATER THAN JULY 20, 2021 BY

1400 MST. THIS IS A TOTAL SMALL BUSINESS

SET-ASIDE WITH A NAICS OF 561720. CONTRACT WILL

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Matthew Steele

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

BE AWARDED AS A FIRM-FIXED-PRICE BASE PLUS FOUR

OPTION YEARS.

All questions can be directed to jlarmay@usbr.gov and are due NLT July 12, 2021 by 1400 MST.

Legacy Doc #: BOR

Period of Performance: 09/01/2021 to 08/31/2022

00010 UFO Janitorial Contract - Base Year

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Delivery: 08/31/2022

Delivery Location Code: 0009909940

Bureau of Reclamation-PN-CCAO

Umatilla Field Office

32871 Diagonal Road

Hermiston OR 97838-6307 US

00020 UFO JANITORIAL - OPTION YEAR 1 1 EA

9/1/2022-8/31/2023

(Option Line Item)

08/31/2022

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

4 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R1021Q0028

Delivery: 08/31/2023

Delivery Location Code: 0009909940

Bureau of Reclamation-PN-CCAO

Umatilla Field Office

32871 Diagonal Road

Hermiston OR 97383-6307 US

Period of Performance: 09/01/2022 to 08/31/2023

00030 UFO JANITORIAL - OPTION YEAR 2 1 EA

9/1/2023-8/31/2024

(Option Line Item)

08/31/2023

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Delivery: 08/31/2024

Delivery Location Code: 0009909940

Bureau of Reclamation-PN-CCAO

Umatilla Field Office

32871 Diagonal Road

Hermiston OR 97383-6307 US

Period of Performance: 09/01/2023 to 08/31/2024

00040 UFO JANITORIAL - OPTION YEAR 3 1 EA

9/1/2024-8/31/2025

(Option Line Item)

08/31/2024

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Delivery: 08/31/2025

Delivery Location Code: 0009909940

Bureau of Reclamation-PN-CCAO

Umatilla Field Office

32871 Diagonal Road

Hermiston OR 97383-6307 US

Period of Performance: 09/01/2024 to 08/31/2025

00050 UFO JANITORIAL - OPTION YEAR 4 1 EA

9/1/2025-8/31/2026

(Option Line Item)

08/31/2025

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R1021Q0028

CUSTODIAL JANITORIAL

Delivery: 08/31/2026

Delivery Location Code: 0009909940

Bureau of Reclamation-PN-CCAO

Umatilla Field Office

32871 Diagonal Road

Hermiston OR 97383-6307 US

Period of Performance: 09/01/2025 to 08/31/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B-1

B CONTINUATION OF SF 1449

B.1 CONTINUATION OF BLOCK 19, LINE ITEMS

B.2 CONTINUATION OF BLOCK 20 SCHEDULE OF SUPPLIES/SERVICES

Solicitation, Section B: In accordance with RAC 18-09, Section 5.E., if there is a price schedule in addition to what is included in the SF-1449 / OF-336, it must be titled "Continuation of Section B -

Schedule of Supplies/Services and Price/Cost".

C-1

C CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(OCT 2018)

ADDENDUM To (d): 52.233-1 is replaced with 52.233-1 DISPUTES (MAR 2014), ALTERNATE I

(DEC 1991)

C.2 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

Regulations: https://www.acquisition.gov/browse/index/far Department of Interior Acquisition

Regulations: https://www.doi.gov/pam/programs/acquisition/pamareg

C.3 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the

COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the

Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

https://www.acquisition.gov/browse/index/far https://www.doi.gov/pam/programs/acquisition/pamareg

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(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.

C.4 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

C-3 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.”

C.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

C.6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day(s).

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day(s); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

C.9 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

C-4

(2) Orders set aside for small business concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

C.10 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause—

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a

HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone

Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in

19.000(a)(3);

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(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and

(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the

Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the

Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

C.11 WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC

FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE –

BUREAU OF RECLAMATION (DEC 2009)

(a) In performing work under this contract, the contractor shall comply with the requirements of

Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

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(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective

December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA

C.12 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF INTERIOR (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:

$200,000.00 each person

$500,000.00 each occurrence

$100,000.00 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.

C.13 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.14 WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION

(FEB 2017)

(a) General Security Requirements:

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

Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO.

If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

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

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

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a

Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note:

within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the

Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The

Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

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

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S.

citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

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(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives

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

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from

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

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

(13) These security requirements apply to all sections of this Contract including Contract

Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United

States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED

INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of

National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the

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

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material.

The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the

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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 CO. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(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 CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(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.

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(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.

(c) Contractor Employee Suitability and Issuance of Government Identification Cards:

(1) Performance of this contract requires Contractor personnel to have a Federal Government-issued HSPD-12/FIPS-201-1 compliant Personal Identification Verification Card (PIV Card) before being allowed unsupervised access to a Federally-controlled facility or information system. An active PIV Card issued by another Federal Government agency will be accepted by Reclamation if the associated background investigation is sufficient for the work and access to facilities and information systems required under this contract, as determined solely by Reclamation. Physical access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system.

(2) At the Government’s sole discretion, the Government may issue a temporary identification card or visitor identification badge, in lieu of a PIV Card, under one of the following conditions:

(i) The individual will only be associated with Reclamation for a period of 180 days or less, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information systems will be fully supervised. The 180 calendar day period begins on the first day of the individual’s affiliation with Reclamation (in this case, the date that the individual’s contract performance begins) and ends exactly 180 days later, regardless of the number of times the individual actually accesses a Government facility or information system.

(ii) The individual will only have sporadic access to Federal facilities and information systems; will not have access to sensitive information; and, any access to a sensitive area or Federal-controlled information system will be fully supervised.

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(iii) The individual will work exclusively outdoors, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information system will be fully supervised.

(iv) In paragraphs (i) through (iii), supervised access means the individual’s access to, and movement within, a facility is monitored and controlled sufficiently to prevent access to any unauthorized areas, equipment, or information; and the individual’s access to an information system is monitored and controlled sufficiently to ensure appropriate use of the system and information, and to prevent access to any unauthorized systems or information. Supervision must be performed by an individual with an active Government-issued PIV Card.

(3) The Contractor shall furnish to the COR an alphabetical list of contract personnel, to include subcontractors, who will require access to a Government facility or information system. The list shall provide the full name, social security number, date of birth, place of birth, purpose or job title, and the estimated duration of access. If the Contractor believes an individual should be issued a temporary identification card or visitor identification badge in lieu of a PIV Card based on the conditions in paragraph (4), then the Contractor must also submit a sufficient written justification as to why the specific individual or individuals will not need a PIV Card. The Contractor shall provide this information before the start of contract performance, or before the start of an individual’s performance when there is a change or addition of personnel, with sufficient time to ensure that performance is not delayed by compliance with credentialing processes.

(4) Any contract employees that will be issued a temporary identification card or visitor identification badge, in lieu of a PIV Card, at the Government’s sole discretion, will be subject to the following credentialing procedures:

Check in at the front desk, bring government issued identification, sign in/out of the visitor’s log, and return visitor badge at the end of the day.

(5) Any contract employees that will be issued a PIV Card will be subject to the following credentialing procedures:

(i) The Government will initiate the e-Qip electronic background investigation process, and give the Contractor instructions for completing the background investigation and PIV Card process.

As part of the PIV Card process, each Contractor employee shall be required to appear in person at a

Government PIV Enrollment Station to have personal identity verification documents verified, have a photograph taken, be fingerprinted, and to pick up and activate the PIV Card when completed. The

Contractor must make its personnel available at the place and time specified by the COR in order to initiate this process.

(ii) At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require access for performance of work under this contract. The Contractor must make their personnel available at the place and time specified by the COR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following electronic forms, or their equivalent, shall be used to initiate the credentialing process:

(a) OPM Standard Form 85 or 85P

(b) OF 306

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(c) Release to Obtain Credit Information

(d) Fingerprint Card FD-258 or electronic fingerprints (local procedures may require the fingerprinting to be done at a police station; in this case, any charges are to be borne by the Contractor).

(iii) The cost of completing the above processes and submitting the above forms, including any charges for obtaining fingerprints and traveling to a Credentialing Center for card enrollment and activation, shall be borne by the Contractor. The cost of suitability and PIV-related background investigations shall be borne by Reclamation. For contracts that require a national security clearance, the cost of obtaining the national security clearance, including any associated background investigation, will be borne by the Contractor.

(iv) Contractor employees are required to complete all forms and to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the

Contractor personnel being investigated in person, by telephone, or in writing, and the Contractor agrees to make them available for such contact.

(v) For each Contractor employee that will be issued a PIV Card, the Government will conduct a background investigation. The tier level of background investigation for each Contractor employee will be determined by the Government based on the risk and sensitivity levels as described in

Reclamation’s “Personnel Security and Suitability Directives and Standards,” SLE 01-01, which is…