C5_5_140R2022Q0123_Combined_Synopsis_Solicitation.pdf

Combined Synopsis/Solicitation 140R2022Q0123

BUREAU OF RECLAMATION

SACRAMENTO, CALIFORNIA

FIRE EXTINGUISHER MAINTENANCE SERVICES

FOLSOM DAM AREA OFFICES

CALIFORNIA

August 2022

Contracting Office:

Bureau of Reclamation

CGB Region 10 Acquisition and Services Division

Supply and Services Branch

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm Fixed Price contract in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated clauses and provision are those in effect through Federal Acquisition Circular 2022-07.

This requirement is being solicited as 100% Small Business Set-Aside.

GENERAL INFORMATION

RFQ Number: 140R2022Q0123

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

North American Industry Classification Code (NAICS):811310 Size Standard: $8.0 million

Quotes are due by Friday, September 2, 2022 at 5:00 pm PT.

Quotes shall be emailed to Sherry Heibeck at sheibeck@usbr.gov. Receipt of all quotes will be acknowledged.

If you do not receive an acknowledgement, you should assume your quote has not been received and contact the Contract Specialist listed above.

Offerors must be registered in System for Award Management (www.SAM.gov) by the closing date of the solicitation in order to be considered for award. SAM is an official website of the U.S. government and there is no cost to register on SAM.

Quoters shall fill in the attached pricing spreadsheet (Attachment 1 – Pricing Schedule Fire Extinguisher Service) with proposed pricing for each year (one base year and four option years) and for the replacement, maintenance, or hydrostatic testing of each extinguisher should it be needed.

Note: Services are required at facilities that are not all in close proximity to each other. The New Melones Power Plant is in Jamestown, CA, approximately 80 miles from Folsom Dam. The Nimbus Dam and Power Plant is approximately 5 miles from the Folsom Dam. The Government does not expect that a contractor would be able to complete all inspection services in one day; multiple days may be required.

Maintenance includes the extinguisher being emptied, valves overhauled, and refill/re-pressurization.

Hydrostatic testing includes removing the units from service, providing loaners, hydrostatically testing the units, and then returning the units back into service.

QUOTE/PRICING SCHEDULE

mailto:sheibeck@usbr.gov http://www.sam.gov/

All proposed pricing shall be entered in the attached Excel format Pricing Schedule (Attachment 1)

• Proposed unit pricing shall include all costs for labor, travel, materials, equipment, and supervision. Any travel, per diem, materials, shop fees, etc. shall be incorporated into the unit price per extinguisher for inspection, replacement, maintenance, or hydrostatic testing.

The Government does not anticipate that every fire extinguisher listed will need to be replaced over the five-year period of performance; however, for the purposes of the evaluation of the total price of proposals the Government will assume that each extinguisher will be replaced one time during the five-year period.

Quotes/offers shall be valid for 60 days from the offer due date.

Quoter’s Business Information:

Business Name: ________________________________________________________________

Business Address: _______________________________________________________________

Agency Point of Contact: _________________________________________________________

POC Email & Phone Number: _____________________________________________________

SAM UEID/ Cage Code: _________________________________________________________

Business Size (select one): Large Small

APPLICABLE WAGE DETERMINATION:

Wage Determination No.: 2015-5665 Revision No.: 20 Date of Revision: 7/21/2022 This document can be viewed at: https://sam.gov/wage-determination/2015-5665/20

Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2 on page 26 & 27 of this document.

https://sam.gov/wage-determination/2015-5665/20

PERFORMANCE WORK STATEMENT

Fire Extinguisher Maintenance & Services

Folsom Dam Area Office July 2022

1.0 Introduction:

The Central California Area Office (CCAO) is headquartered at Folsom Dam, 23 miles east of California's capital city of Sacramento, with resource offices located at New Melones Dam and Lake Berryessa. The purpose of this contract is to provide inspection, certification, and replacement for all Portable Fire Extinguishers (PFE’s) at the Bureau of Reclamation (BOR), Central California Area Office Facilities listed below.

1.1 Service Needs

A five-year service contract is requested to support the annual fire extinguisher inspections and certifications, hydrostatic testing, along with the recharge, replacement and disposal of portable fire extinguishers as needed at CCAO facilities. CCAO is required by law to inspect, certify, and replace all fire extinguishers annually and every five years.

Period of performance shall be for 5 years, one base year and 4 option years. The period of performance shall be as follows:

Base Year: October 1, 2022 – September 30, 2023 Option Year 1: October 1, 2023 – September 30, 2024 Option Year 2: October 1, 2024 – September 30, 2025 Option Year 3: October 1, 2025 – September 30, 2026 Option Year 4: October 1, 2026 – September 30, 2027

1.2 Facilities

Reclamation will provide an escort familiar with location of all fire extinguishers for each facility listed below.

i. Folsom 7794 Folsom Dam Rd, Folsom, CA 95630 FOA – Administrative area

FOD - Dam FOP – Powerplant FOU – Pumping station FOV - Vehicles FOX – Auxiliary Dam

ii. Lake Berryessa Recreation (LBA) 5520 Knoxville Rd, Napa, CA 94558

iii. New Melones Recreation (MER) – 6850 Stud Horse Flat Rd, Sonora, CA 95370

iv. New Melones Powerplant (MEP) 16805 Peoria Flat Road, Jamestown CA 95327

v. Nimbus Power Plant (NBP) 1901 Hazel Ave, Gold River, CA 95670

1.3 Fire Extinguishers

Every fire extinguisher at CCAO is on an inventory list pertaining to location, size, weight, type, and last inspection. See attachment “Fire Extinguisher Inventory.xlsx"

Sites Clean Agent

CO2 Dry chemical

Halon Various

FOA 1 1 61 1

FOD

5 7

FOP 3

FOU

3 8

FOX

13 8

LBA 3 1 47

MEP

22 24 4

MER

NBP

25 3 1

LBV

FOV

MEV

Grand Total 7 70 225 6 53

1.4 Hours of Operation: The inspection and maintenance of the Portable Fire Extinguishers shall take place between the hours of 7:30 A.M. and 3:30 P.M, Monday through Friday except Federal Holidays or when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings.

1.5 Recognized Holidays: The contract is not required to perform work on the holidays listed below:

New Year’s Day Independence Day Christmas Day Martin Luther King Jr.’s Birthday Labor Day President’s Day Columbus Day Memorial Day Veteran’s Day Juneteenth Day Thanksgiving Day

1.6 Type of Contract: The government intends to award a Firm Fixed Price Contract

1.7 Contracting Officer’s Representative (COR): Individual to be named in separate document. The COR coordinates to receive and evaluate deliverables, monitors Contractor performance and notified Contracting Officer and Contractor to deficiencies and serves as the functional and technical representative for the Contracting Officer.

The COR is not authorized to make changes to this contract but will ensure compliance with terms and conditions associated with the resulting contract.

2.0 SCOPE:

The contract shall include the cost of site inspections and certifications at the various CCAO facilities along with, hydrostatic testing, and replacement and disposal of fire extinguishers as needed and required. Because the fire extinguishers have been inspected, re-certified and replaced at various times throughout the years, CCAO has in place a schedule for when the fire extinguishers will need these services. This contract is for “on-site” services at various buildings and structures throughout the CCAO facilities.

Two facilities have already completed inspections and will not require service this year.

New Melones Recreation in April 2022 Lake Berryessa in July 2022

3.0 PERSONNEL QUALIFICATIONS:

3.1 Contractor shall possess for the duration of the contract, a license to perform inspections, servicing, charging, testing and certifications for portable fire extinguishers by the California State Fire Marshall’s Office.

The contractor will provide proof of concern license and list of qualified employees to the COR annually.

3.1.1 Within 14 calendar days after contract award, the Contractor will submit the following Proof of Certifications for Certified Competent Portable Fire Extinguisher Technicians to the COR:

3.1.1.1 Names of Employees, both regulars and alternates and contact numbers

3.1.1.2 Name and contact number of Supervisor

3.2 The Office of the State Fire Marshal's (OSFM) is the licensing and certification authority for portable fire extinguishers that are serviced and sold in California.

3.2.1 Concern licenses are issued to companies allowing them to engage in the business of, or perform for a fee, the servicing, charging and maintenance of portable fire extinguishers. A separate application for license shall be made for each business location of the company.

3.2.2 Any person servicing portable fire extinguishers must pass a written exam, provide evidence of experience, and maintain an adequate inventory of testing equipment, repair, and replacement parts before they are issued Certificates of Registration by OSFM.

4.0 GOVERNMENT-FURNISHED EQUIPMENT (GFE) AND MATERIALS:

• GFE: Fire Extinguishers, Work Benches if available and or Workspace

• Utilities: Access to use available service air, water, and power.

• Materials: None

5.0 REGULATIONS/POLICIES:

i. CalFire: Fire Extinguisher Program

FIRE EXTINGUISHER LAW & REGULATIONS January 2022 (ca.gov)

ii. California Code of Regulations, Title 8, Section 6151. Portable Fire Extinguishers.

California Code of Regulations, Title 8, Section 6151. Portable Fire Extinguishers.

iii. NFPA 10: Standard for Portable Fire Extinguishers NFPA 10: Standard for Portable Fire Extinguishers

iv. OSHA 1910.157: Portable fire extinguishers

1910.157 - Portable fire extinguishers. | Occupational Safety and Health Administration (osha.gov)

6.0 TRAVEL: The Contractor shall use the appropriate government rates as posted on www.gsa.gov.

Full service requires travel to facilities that are estimated to be 90-120 miles apart. Folsom, Rancho Cordova, Napa and New Melones. At the New Melones recreation facility fire extinguishers may be brought to a single location for inspection with advanced notice. Otherwise, travel to each satellite location around the lake will be required.

7.0 GOVERNMENT VEHICLES: The Contractor shall use or rent their own vehicles whenever possible and practical. Government vehicles will not be provided.

8.0 SECURITY:

8.1 The Contracting Officer’s Representative (COR) will assist with the Contractor’s entry into secure areas and inform the Contractor of security procedures. The Contractor shall comply with all security procedures.

8.2 Reclamation has identified specific security sensitivity designations for information related to Government facilities.

8.3 The Contractor shall be required to supply Reclamation with the legal names and other personal information of employees who will be working under this contract.

8.4 Reclamation reserves the right to perform security checks on Contractor employees.

8.5 Contractor will be a visitor on facilities and must stay with an escort during the annual inspections and any required repairs/ replacements.

9.0 TRAINING: The Contractor is responsible for all training for its employees except when training can only be provided by Reclamation. Requests for training by exception must be provided to and approved by the CO

Modes of Transportation Effective/Applicability Date

Rate per mile

Airplane* July 1, 2022 $1.81 If use of privately owned automobile is authorized or if no Government-furnished automobile is available July 1, 2022 $0.625

If Government-furnished automobile is available July 1, 2022 $0.22 Motorcycle July 1, 2022 $0.605 https://osfm.fire.ca.gov/media/qdwfue0s/laws-and-regulations-portable-fire-extinguishers-2022-rev-1-2022.pdf https://www.dir.ca.gov/title8/6151.html https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=10 https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.157 http://www.gsa.gov/ prior to the Government conducting training. The Contractor shall sign a Hold Harmless Release for any training provided by the Government.

9.1 Reclamation provided training

9.1.1 Security

9.1.2 Safety (HECP)

10.0 DELIVERABLES: The table below provides a listing of deliverables, the media with the number of copies, and the recipients.

10.1 Deliverable #1 (Annual Inspection/ Maintenance): Contractor shall coordinate with the COR to set up inspection dates so that all extinguishers are serviced within 12 months of last service.

Perform annual routine maintenance, service, inspections, and certifications as specified by Cal Fire Office of the State Fire Marshal. Recharge if deemed necessary. Replace service tag and tamper seal as needed. Provide an email of the fire extinguishers serviced within 5 business days at the conclusion of each maintenance period.

Annual inspections and certifications include onsite visit to all buildings and structures where the PFE’s are located.

During inspections and certification visits, contractor shall furnish any like “loaner” portable fire extinguisher units to replace any units taken out of service for hydrostatic testing or replacement if the unit is expired or will be expired before the next annual inspection date.

The contractor shall be responsible for maintaining an Annual Maintenance Log and recertification inventory log of all fire extinguishers in all CCAO facilities and structures per NFPA 10. The COR will indicate the location of the log. The log shall remain after the end of each inspection and after end of the contract and shall remain the property of the government.

10.2 Deliverable #2 (Hydrostatic Testing or Replacement): Contractor shall inform COR of extinguishers that require a hydrostatic test in the upcoming year. Conduct hydrostatic tests as required. Provide an email of extinguishers that passed /failed test to COR.

10.3 Deliverable #3 (5-year replacement): Contractor shall inform COR of extinguishers that are due for replacement in the upcoming year. Contractor shall replace extinguishers as required at the end of 5-year life expectancy with ‘like for like’ within 14 days and only as authorized by the COR. Contractor will provide an email of extinguishers that have been replaced within 5 business days at the conclusion of each maintenance period.

Replacements are estimated for 20% of current inventory, approximately 60 units each year, based on 300 total fire extinguishers.

Replacement costs for portable fire extinguishers shall be at wholesale or dealer costs with no mark up for handing, overhead or profit and because the Federal Government is tax exempt, no taxes applied. The cost for the replacement must match or meet current supply purchase prices on the internet or at Government supply store.

10.4 Deliverable #4 (Damaged Replacement): If an extinguisher fails an inspection or test the contractor shall inform COR and obtain CO approval for replacement.

10.5 Deliverable Table:

PARA DELIVERABLE DUE DELIVER

TO

10.1

10.2

10.3

10.4

Annual Inspection

Hydrostatic Tests

5-year replacement

Damaged Replacement

12 months within last inspection

Within 5 business days after action

COR

COR, CO

11 QUALITY:

11.1 Contractor’s Performance Assessment Reporting System (CPARS). The attached Contractor Performance Report is provided for your information. This report will be completed by the Contracting Officer’s Representative (COR) at the end of the performance period. This information will be input into the Contractor’s Performance Assessment Reporting System (CPARS) when the system becomes available.

11.2 Performance-Based Contracting. Quality shall be measured based on the following:

PWS

Para

Performance Objective Method of Surveillance

Standard to be Met Performance Goal

10 All fire extinguishers are serviced within 12 months of last service.

Observation by COR

No more than 2 overdue occurrences

100% of the time.

10 Communicate clearly and professionally with COR and staff about needs and coordination.

No more than three occurrences of miscommunication

98% of the time.

10 Notification to COR within 5 business days when contractor’s activities are completed at facilities. Including a list of extinguishers serviced and results of inspections.

Less than two incidents where the Contractor did not exercise due diligence in performing services

98% of the time.

12.0 Identification of Contractor Employees: All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering Government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE - (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation – https://www.acquisition.gov/far/

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

(End of clause)

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

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

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

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

(NOV 2021)

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 30 days prior to the end of the period of performance.

(End of Clause)

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 30 days prior to the expiration of the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.

https://www.acquisition.gov/far/ https://www.acquisition.gov/diar

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING PLATFORM

(IPP) - APR 2013)

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

'Payment request' means any request for contract financing payment or invoicing 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:

Electronic copy of contractor’s invoice along with service ticket or other document showing which extinguishers were serviced and/or replaced

The Contractor shall also submit an electronic copy of the IPP invoice sheibeck@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 Boston (FRBB) 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 ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

DIAR 1452.201-70 Authorities and Delegations - (Sep 2011)

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATION – Bureau of Reclamation (MAY 2018)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes."

(End of clause)

WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (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.

http://www.usbr.gov/recman/DandS.

(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.

(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.

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES - (MAY 2022)

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial 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. 2402).

[ ] (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.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 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).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41U.S.C. 2313).

[ ] (10) [Reserved].

[ ](11)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep2021) (15 U.S.C. 657a).

[ ](12)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (13) [Reserved] [X] (14) (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.

[ ] (15) (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.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ](17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 2021) of 52.219-9 [ ] (18) (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.

[ ](19) 52.219-14, Limitations on Subcontracting (Sep2021) (15 U.S.C. 637(a)(14)).

[ ](20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep2021) (15

U.S.C. 657f).

[X](22) (i) 52.219-28, Post Award Small Business Program Representation (Sep2021) (15 U.S.C.

632(a)(2)). [ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ](23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Sep2021) (15 U.S.C. 637(m)).

[ ](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

[ ](25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar2020) (15 U.S.C. 644(r)). [

](26) 52.219-33, Nonmanufacturer Rule (Sep2021) (15U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X](28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[ ] (31) (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] (32) (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.

[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

[X] (35) (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).

[ ] (36) 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.)

[ ] (37) (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.)

[X] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air…