Combined Synopsis_Solicitation - BGNDRF Storage Tanks_2.docx

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

Solicitation number 140R4021Q0010 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect in the Federal Acquisition Regulations FAC 2021-03 effective 01-14-2021.

This is a total small business set-aside under NAICS 238990 with an associated small business size standard of 16.5 Million.

Solicitation Closing Date: February 12, 2021 Solicitation Closing Time: 17:00 Mountain Time

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

Kristen Ruiz Jimenez, Contract Specialist Bureau of Reclamation Email: kruizjimenez@usbr.gov

All quotes must be received by the Contract Specialist no later than 17:00 MT on February 12, 2021 to be considered for award.

Email subject line must be named as follows:

Quote – (Company Name) 140R4021Q0010 BGNDRF Storage Tanks

DEADLINE FOR QUESTIONS: Inquiries regarding this Solicitation should be emailed to Kristen Ruiz Jimenez at kruizjimenez@usbr.gov by February 5, 2021, 17:00 MT.

Price Schedule

Offers will be considered for award on one of the following Price Schedules, but no offer will be considered for award on only a part of the Price Schedule.

Offerors shall complete Price Schedule A and B. Offers that do not have both Schedule A and B filled out will be considered nonresponsive and will not be evaluated for award.

Definitions: CLIN – Contract Line Item Number

Includes:

- Mobilization/Demobilization (1 time continuous)

- Labor Hours

- All tools, equipment, supplies, and labor

SCHEDULE - OPTION B

Includes:

- Mobilization/Demobilization (3 mobilizations/demobilizations)

- Labor Hours

- All tools, equipment, supplies, and labor

Note: There are two schedules for this requirement – Only one option will be used for award

Quote Evaluation: Award shall be made to the vendor offering the best value to the Government based on the technical acceptability indicated in the specifications and lowest price.

Quote Submission: All quotes shall be submitted to kruizjimenez@usbr.gov no later than February 12, 2021 at 1700 MT. Each quote shall contain the following in accordance with the Statement of Work:

a. A brief statement of technical capability including a performance schedule

b. Examples of recent and relevant past performance

c. A firm fixed price including all fees and taxes

Price Schedule Continued

STATEMENT OF WORK (SOW)

BGNDRF Storage Tanks Maintenance and Repairs

1.0 INTRODUCTION

1.1 The Bureau of Reclamation, Upper Colorado Region, Brackish Groundwater National Desalination Research Facility (BGNDRF) has a requirement for performing maintenance and repair on three large, glass-fused to steel, water storage tanks. All tanks were built in 2004 and put in service shortly afterwards. The storage tanks are numbered 1 through 3 with storage tank 1 being the westernmost tank (50,000 gallons), storage tank 2 being the middle tank (100,000 gallons) and storage tank 3 being the easternmost tank (50,000 gallons).

1.2 BGNDRF is a 43-acre complex in which groundwater from four wells can be delivered to indoor and outdoor test sites. Water is pumped from the wells directly to either of the three storage tanks, and then routed to the various test sites via storage tanks’ hydropneumatics system. Generally, a unique well water is placed in each storage tank and deliveries to various clients can be made based on their request for a specific well water.

1.3 The conductivity of water stored in each storage tank can be as high as 6,600 μS/cm.

1.4 The three storage tanks underwent very little maintenance since they were put into service. Inspections of the storage tanks were performed in 2016 and 2018 by a contractor specializing in these types of tanks. See Exhibits A and B. This SOW is written based on most of the recommendations in the inspection reports.

1.5 A contaminant, per- and polyfluoroalkyl substances (PFAS), has been detected in 2 of 4 BGNDRF well waters. The City will not allow water with any detectable level of PFAS to be discharged to its wastewater treatment plant. As a result, the dead space in the bottom of the storage tanks will occasionally need to be transferred to the BGNDRF evaporation ponds. A new drain port is in each tank needs to be added for ease of this operation.

1.6 Storage Tank information is presented in the table below:

2.0 SCOPE OF WORK

This Statement of Work covers the maintenance and repairs of all three storage tanks at BGNDRF. A drain through the tank wall near the floor with a valve and plumbing will be added to each tank. The Contractor must provide all materials, supplies, tools, sealers, coatings, mastics, personal protective equipment, scaffolding, ladders, surface preparations and anything else necessary to perform all maintenance and repairs. The Contractor will be required to schedule a month in advance when the work will begin. The worksite at all 3 storage tanks must be completely clean upon completion of work. Mobilization and demobilization costs will be paid by the Contractor.

3.0 DESCRIPTION OF WORK

3.1 Location. The work is located at BGNDRF, 500 LaVelle Road, Alamogordo, New Mexico 88310. BGNDRF is a 43-acre complex comprised of a central research building, various test areas, and water and wastewater delivery systems. The storage tanks are in the south-central area of the property. See Exhibit C for an aerial view of BGNDRF and for the location of the storage tanks.

3.2 Mobilization. The BGNDRF client load and project activity can vary significantly throughout the year. Due to the need to minimize impacts to BGNDRF clients and projects, the tanks will be taken out of service one at a time. Once the tank is returned to service (see section 3.10) and verified by the COR, the contractor will be approved to start the next tank. It is unclear if the Contractor will need to mobilize one time to accomplish the work described in this Statement of Work or if the Contractor will need to mobilize multiple times. Specifically, the Contractor may mobilize a minimum of 1 time or a maximum of 3 times. BGNDRF will make every effort to work with its clients to minimize the number of mobilizations. If possible BGNDRF will try to have two tanks available for contractors.

3.3 Replace Liquid Level Decals. Remove old liquid level decals at each of the 3 storage tanks and prepare each surface for the new decals. Adhere new decals to the metal substrate, ensuring that they are positioned properly for indicating depth of water in each storage tank. The decals shall be positioned with clean vertical lines with no loose edges or bubbles under the decal. All work including surface preparation and application of the decals must be performed according to manufacturer’s recommendations.

3.4 Repair Damaged Knuckle Roofs and Other Exterior Tank Panel Damage. The 2018 Inspection Report (See Exhibit B) has photos of damages to the knuckle roof on each of the 3 storage tanks. Each of these areas and all other damages on the knuckle roof panels and side exterior panels must be repaired. Damaged surfaces will be prepared for application of Manus Sealer No. 98 or equivalent. Factory recommendations for the preparation of surfaces and application of the sealer must be followed.

3.5 Cleaning of the Interior of Each Storage Tank. The Government will drain each of 3 storage tanks prior to the Contractor commencing work on the interior. The Government will remove and dispose all sediment from each storage tank. The Contractor will pressure wash the biofilm from the interior walls of each storage tank.

3.6 Total Reseal of Interior Sidewall Tank Seams. A total reseal will be required for all three (3) storage tanks’ interior sidewall seams after the tank interiors have been power washed by the Contractor.

3.6.1 Remove bottom ring panel to facilitate scaffolding access for tank interior work.

3.6.2 Scrape and power wire brush all interior, sidewall panel edges to clean metal.

3.6.3 Reseal all interior sidewall panel edges with CIM 1061 two-component urethane using manufacturer’s standard application practice.

3.6.4 Stripe along all interior bolt heads with CIM 1061 two-component urethane approximately 4”-6” wide to coat over bolt heads and overlapping single component urethane sealer.

3.6.5 Stripe along top panel edge with CIM 1061 two-component urethane approximately 4”-6” wide to coat top edge and top horizontal bolt seam.

3.6.6 At tank shell floor line, coat with CIM 1061 two-component urethane approximately 8” out onto properly cleaned concrete floor and 12” up onto tank shell.

3.6.7 Coat bottom full panel edges with CIM 1061 two-component urethane coating.

3.6.8 Perform touch-up with single component urethane sealer per tank manufacturer’s standard maintenance practice of glass coated interior panel surfaces that exhibit coating voids or show evidence of rust corrosion.

3.6.9 Reinstall bottom ring panel (removed for scaffolding access) using new fasteners and exterior bolt caps. Reseal interior seams of the bottom ring panel with CIM 1061 two-component urethane to re-establish panel edge protection.

3.7 Maintenance/Repair of Corrosion Protection System.

3.7.1 Replace the zinc anode in each storage tank with new zinc anodes that are sized based on storage of brackish groundwater with a conductivity of 6,600 μS/cm.

3.7.2 The 2018 inspection of Storage Tank 2 indicated a possible problem with the corrosion protection system being tied into the lightning protection system. This system will be re-inspected by the Contractor and re-wired by the Contractor according to standard industry corrosion protection practices as required.

3.8 Repaint Exterior Pipe. The 2016 inspection of the storage tanks noted the fill pipes attached to the exterior of Storage Tanks 1 and 2 needed to be repainted because some of the existing painting had come off the pipes.

3.8.1 Repaint the fill pipes on Storage Tanks 1 and 2 and touch-up paint appurtenances attached to each of the 3 storage tanks where the existing paint has come off. Use the matching color and type of coating previously applied. Prepare surfaces prior to painting according to industry practices. The dried paint should have a uniform, consistent appearance with the rest of the existing painted surfaces without splotches.

3.9 Addition of a 2-Inch Drain to Each Tank

3.9.1 Using industry accepted methods for glassed fused to steel tanks, add a 2-inch penetration through the wall of each tank as close to the floor of the tank as possible. See Exhibit D.

3.9.2 Install a valve and plumbing in each 2-inch penetration as depicted in Exhibit D.

3.10 Returning the Storage Tank to Service.

3.10.1 After completion of work, enough time shall be allowed prior to refilling the tank to allow for adequate cure time of sealer and CIM coating used on the tank interior. Cure time for sealer will depend on temperature and humidity, as a minimum, water should not be introduced into the tank for 7 days following completion of the work.

3.10.2 Water will be reintroduced by the Government according to the Fill Rate Chart in Exhibit E.

3.10.3 Disinfection is not required for reintroducing water in the storage tanks.

3.10.4 Upon reintroduction of water to each storage tank by the Government, each storage tank will be filled to the maximum level and monitored for 24 hours for leaks. If leaks are observed, the storage tank with the leak will be drained by the Government. It will be the Contractor’s responsibility to repair all leaks. After curing time for the sealer (See 3.9.1) the tank(s) will be refilled and monitored for 24-hours for leaks.

3.11 Cleanup of the Work Site Around the 3 Storage Tanks. The Contractor will be responsible for removing all debris from the worksite and restoring the worksite to pre-worksite level of cleanliness. Debris must be disposed by the Contractor at an appropriate off-site location.

4.0 MATERIAL SPECIFICATIONS

4.1 Bolt Fasteners

4.1.1 Bolts used in tank lap joints shall be ½" - 13 UNC- 2A rolled thread, and shall meet the minimum requirements of AWWA D103, Section 4.2.

4.1.2 Bolt Material

4.1.2.1 SAE J429 Grade 2 (1" bolt length)

4.1.2.1.1 Tensile Strength - 74,000 psi Min.

4.1.2.1.2 Proof Load - 55,000 psi Min.

4.1.2.1.3 Allowable shear stress with threads excluded from the shear plane - 18,163 psi Min.

4.1.2.2 SAE J429 Grade 5 (1 1/4" bolt length)

4.1.2.2.1 Tensile Strength - 120,000 psi Min.

4.1.2.2.2 Proof Load - 85,000 psi Min.

4.1.2.2.3 Allowable shear stress with threads excluded from the shear plane – 29,454 psi Min.

4.1.2.3 SAE J429 Grade 8 (>1 1/4" bolt length)

4.1.2.3.1 Tensile Strength - 150,000 psi Min.

4.1.2.3.2 Proof Load - 120,000 psi Min.

4.1.2.3.3 Allowable shear stress with threads excluded from the shear plane – 36,818 psi Min.

4.1.3 Bolt Finish - Zinc, mechanically deposited.

4.1.3.1 2.0 mils (0.002 inches) Min. - under bolt head, on shank and threads.

4.1.4 Bolt Head Encapsulation

4.1.4.1 High impact polypropylene copolymer encapsulation of entire bolt head up to the splines on the shank.

4.1.4.2 Resin shall be stabilized with an ultraviolet light resistant material such that the color shall appear black.

4.1.4.3 The bolt head encapsulation shall be certified to meet the ANSI/NSF Standard 61 for indirect additives.

4.1.5 All bolts on the vertical tank wall shall be installed such that the head portion is located inside the tank, and the washer and nut are on the exterior.

bolts will not be exposed to the "shear plane" between tank sheets.

nuts, & washers exposed on the outside of the tank sidewall.

4.2.3.1 Tack-free time: 6 to 8 hours.

4.2.3.2 Final cure time: 10 to 12 days.

5.0 RESPONSIBILITIES

1.0

5.1 Government Responsibilities. The Government will be responsible for draining each storage tank and removing all sediment prior to the Contractor commencing work. The Government will be responsible for filling the tanks after sealants are cured when the Contractor instructs the tanks to be filled for purposes of checking for leaks. The Government will fill the tanks according to the Fill Rate Chart in Exhibit E for a foundation sheet thickness of 0.344 inch. The Government will provide a restricted access worksite.

5.2 Contractor’s Responsibilities. The Contractor will be responsible for performing all work in Section 3.0 “Description of Work” unless clearly identified as the responsibility of the Government. The Contractor will be responsible for securing their equipment and supplies when not at the work site. The Government will not be held responsible for theft and vandalism that might occur.

6.0 QUALIFICATIONS OF CONTRACTOR

6.1 The Contractor shall be a licensed and insured general contractor certified by a glass-fused- to-steel tank manufacturer as an authorized dealer and shall comply with tank manufacturer’s requirements for repair and maintenance practices and equipment used on the job. The service and repair crew personnel shall be trained by the tank manufacturer’s sponsored program in all aspects of glass-fused-to-steel tank construction and repair and shall be certified by the tank manufacturer as having satisfactorily completed that program.

6.2 The Contractor shall be certified from a manufacturer specializing in the design, fabrication and erection of factory-applied glass-fused-to-steel, bolt together tank systems. The manufacturer shall employ a staff of full-time engineers, and shall own and operate its production plant, fabricate and glass coat the tank at one location. The Contractor will provide the physical address of the manufacturing facility, the contact name and phone number for the engineering department, and the number of years they have been in business at that location.

6.3 The Contractor must be licensed and insured in the state of New Mexico. The Contractor shall provide the following:

6.3.1 A list of five (5) glass-fused-to-steel water or wastewater tanks located in the state of New Mexico that they have repaired or serviced which have been operating for a minimum of ten years and a detailed description of the type of work that was performed; provide the name, address and complete contact information for the owner of the referenced tanks as well as the name, address and complete contact information of their consulting engineers.

6.3.2 Provide a detailed experience resume for each of the service and repair technicians who will be on site to service and repair the 3 storage tanks (service technician’s experience description shall be limited specifically to their history of glass-fused-to-steel tank service and repair work).

6.3.3 Provide certification from the tank manufacturer that the authorized Contractor meets all qualification requirements listed above.

7.0 SAFETY

7.1 OSHA. The Contractor shall comply with the applicable Occupational Safety and Health Administration (OSHA) Standards specified under 29 CFR part 1910 and other Federal, State, and local regulations for the purpose of providing safety precautions to employees who are subject to occupational exposure to falls, heat, overexertion, heavy lifting etc. as a result of the work performed under this contract.

7.2 Job Hazard Assessment. The Contractor shall provide a written Job Hazard Assessment (JHA). A JHA form will be provided by the BGNDRF Facility Manager upon request. Work cannot commence by the Contractor until the Contractor and Facility Manager have signed the JHA. Actions including personal protective equipment identified in the JHA are mandatory actions. The Contractor is responsible for each of his/her employees reviewing and adhering to the JHA before working at BGNDRF. The Contractor’s safety program can be submitted in lieu of a JHA as long as it addresses all hazards that the Contractor will be exposed to at the BGNDRF worksite.

7.3 Training and Education. The Contractor is responsible for providing the necessary training and education to his employees affected by the OSHA standards and ensuring safe and sanitary work conditions for his employees.

7.4 Personal Protective Equipment. The Contractor is also responsible for providing, at no cost to his employees, appropriate personal protective equipment such as, but not limited to, gloves, dust masks, and eye protection (reference section 1910.1030, Bloodborne Pathogens). Personal Protective Equipment is specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts, or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.

7.5 Safety Data Sheets. The Contractor shall provide the Facility Manager with all Safety Data Sheets (SDS) for any Contractor furnished chemicals brought to BGNDRF. The Contractor and the Contractor’s employees shall review SDS sheets for chemicals they are using. The Contractor must remove all Contractor furnished chemicals, sealants, and coatings from BGNDRF upon completion of the task in which it was required. The Contractor shall notify the Facility Manager when the Contractor furnished chemicals, sealants and coatings are removed from BGNDRF.

7.6 Covid-19 Protocols and Screening Questions. BGNDRF protocols for preventing the spread of Covid-19 are presented in Exhibit F and must be strictly adhered to. All workers associated with this project must pass the screening questions each day before being allowed on site. Protocols and screening questions are subject to change with the changing conditions of the pandemic. It is the Contractor’s responsibility to adhere to the restrictions put in place by the state of New Mexico and to stay abreast of any changes in restrictions at BGNDRF. Updates can be accessed at: https://cv.nmhealth.org/public-health-orders-and-executive-orders/

7.7 A date will be established at the BGNDRF pre-work conference for providing BGNDRF specific safety training to the Contractor and appropriate Subcontractors.

8.0 WARRANTY

8.1 The Contractor shall include a warranty for the tank materials and coatings used in the repair maintenance work. As a minimum, this warranty shall provide assurance against defects in material or workmanship for the period of 1 year.

9.0 SUBMITTALS

Submit the following vendor literature, safety data sheets, manufacturer’s specifications and warranty information to the Contracting Officer’s Representative (COR) for the Government’s review and approval prior to commencing work. Purchases prior to the Government’s approval of submittals is at the Contractor’s own risk.

9.1 Qualifications listed in Section 6.3 of this Statement of Work

9.2 CIM 1061 safety data sheet

9.3 Manus Sealer No. 98 safety data sheet

9.4 A Job Hazard Assessment or Contractor’s Safety Program as discussed in Section 7.2 of this Statement of Work

9.5 Warranty for the supplies and materials and work described in this Statement of Work.

9.6 Two schedules: one for one tank at a time (until it is returned to service) and one for overlapping of all three tanks.

9.7 Two prices: one for one tank at a time (until it is returned to service) and one for overlapping of all three tanks.

10.0 FACILITY

10.1 Hours of Access. The Contractor will schedule work for when the facility is open. Business hours are from 7:30 am – 4:30 pm Monday through Friday. Any deviation from these days and hours must be requested of the BGNDRF Facility Manager 48 hours in advance. Scheduling flexibility may be required due to pandemic related issues.

10.2 Access to the Worksite. The Contractor will be responsible for signing in and out each day in the lobby of the Central Research Building.

10.3 Security. The Government reserves the right to perform security checks on Contractor employees.

10.4 Emergencies. Telephones in the building may be used in case of emergency. You must first dial 9 to access phone lines outside of the building. A telephone is in the lobby on the window ledge next to the door to the test bays.

11.0 CONTACT

Contracting Officer’s Representative (COR):

Zach Stoll, Acting BGNDRF Facility Manager 500 LaVelle Road Alamogordo, NM 88310 Desk Phone: 575-443-6559 Mobile Phone: 575-449-5622 Email: zstoll@usbr.gov

12.0 PERFORMANCE PERIOD

The performance period will be 6 months from date of award.

13.0 PAYMENT

13.1 Payment will be made upon submission of an invoice for the completion of work for each storage tank.

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):

FAR Clauses - https://www.acquisition.gov/far/ (End of clause) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (JAN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (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).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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

[ ] (10) (Reserved) [ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved) [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) 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 (AUG 2018) (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 (NOV 2016) of 52.219-9.

[ ] (v) Alternate IV (AUG 2018) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (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 (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[ ] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

[ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(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.)

[ ] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[ ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[ ] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

[ ] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[ ] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv) [X] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.247-34 F.o.b. Destination. (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause) 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 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:

(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.