Solicitation_R14PS94002_Glen_Canyon_Armed_Security_Services_RFP_.pdf

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Glen Canyon Dam Guard Services Federal contract opportunity
Solicitation number
R14PS94002
Issued by
Department of the Interior Bureau of Reclamation

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SOLICITATION NO. R14PS94002

Glen Canyon Armed Security Services

Glen Canyon Power Plant Middle River Division – Glen Canyon Unit – Arizona – Utah

Colorado River Storage Project

Solicitation Document No.

R14PS94002

Document Title

Contents SECTION A – Solicitation/Contract form

(See the first page of this document for the Standard Form 33 – Solicitation, Offer, and Award Cover Sheet.)

SECTION B - Supplies or Services and Prices

SECTION C – Description / Specifications / Statement of work

SECTION D – Packaging and Marking

SECTION E -- Inspection and Acceptance

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

SECTION F -- Deliveries or Performance

F.1 52.252-02 Clauses Incorporated By Reference

F.2 WBR 1452.219-80 Distribution of Summary Subcontracting Report--Bureau of Reclamation June 2002

SECTION G -- Contract Administration Data

G.1 1452.201-70 Authorities and Delegations September 2011

G.2 RAC 13-08 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INTERNET PAYMENT PLATFORM

(IPP) SEPTEMBER 2011

G.3 WBR 1452.242-80 Postaward Conference--Bureau of Reclamation July 1993

SECTION H -- Special Contract Requirements

H.1 DIAPR 2010-14 Contractor Performance Assessment Reporting System July 2010

SECTION I -- Contract Clauses

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

I.2 1452.203-70 Restriction on Endorsements--Department of the Interior July 1996

I.3 1452.215-70 Examination of Records by the Department of the Interior April 1984

I.4 1452.228-70 Liability Insurance -- Department of the Interior July 1996

I.5 1452.237-70 Information Collection -- Department of the Interior July 1996

I.6 52.217-08 Option To Extend Services November 1999

I.7 52.217-09 Option To Extend The Term Of The Contract March 2000

I.8 52.232-32 Performance-Based Payments April 2012

I.9 52.232-39 Unenforceability of Unauthorized Obligations June 2013

I.10 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) December 2013

I.11 WBR 1452.209-83 Limitation on Future Contracting -- Bureau of Reclamation December 1994

I.12 WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation December 2009

I.13 WBR 1452.228-84 Certification of Representatives for Corporate Sureties--Bureau of Reclamation September 1996 .. 29

I.14 WBR 1452.237-80 Security Requirements--Bureau of Reclamation February 2011

I.15 WBR 1452.243-80 Modification Proposals--Bureau of Reclamation December 2001

I.16 DIAPR 2000-1 Non-Discrimination Notice to US Department of the Interior Contractors, Subcontractors, and Lessors January 2000

Document Title

I.17 52.232-18 Availability of Funds April 1984

I.18 52.237-03 Continuity Of Services January 1991

SECTION J – List of attachments

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

K.1 52.204-08 Annual Representations and Certifications July 2013

K.2 52.209-07 Information Regarding Responsibility Matters July 2013

K.3 DIAPR 2012-05 Class Deviation - Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts February 2012

K.4 WBR 1452.209-80 Organizational Conflict of Interest -- Bureau of Reclamation July 1997

SECTION L -- Instructions, Conditions and Notices to Bidders

L.1 52.252-01 Solicitation Provisions Incorporated By Reference

L.2 1452.215-71 Use and Disclosure of Proposal Information--Department of the Interior April 1984

L.3 52.216-01 Type Of Contract April 1984

L.4 52.233-02 Service Of Protest -- Department of the Interior (JUL 1996) (DEVIATION) September 2006

L.5 52.236-27 A1 Site Visit - Alternate I February 1995

L.6 52.252-03 Alterations in Solicitation April 1984

L.7 WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services -- Bureau of Reclamation March 1993

L.8 WBR 1452.215-80 Source Evaluation and Selection Procedures -- Bureau of Reclamation May 2005

L.9 WBR 1452.215-81 General Proposal Instructions -- Bureau of Reclamation January 1998

L.10 WBR 1452.215-82 Technical Proposal Instructions -- Bureau of Reclamation April 2001

L.11 WBR 1452.215-83 ALT 1 PRICING PROPOSAL INFORMATION - ALTERNATE I -- BUREAU OF

RECLAMATION JULY 1997

L.12

ET 02-20

AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF RECLAMATION CONTRACTORS

SEPTEMBER 2002

SECTION M -- Evaluation Factors for Award

M.1 52.217-05 Evaluation Of Options July 1990

M.3 WBR 1452.215-85 Evaluation Factors for Award -- Quality Predominance - -- Bureau of Reclamation December 2001

M.4 WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations--Bureau of Reclamation May 2005

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT.

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 253 (c)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV,. 9-97)

Prescribed by GSA - Far (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Bureau of Reclamalion - UC - SLC 125 South State St Salt Lake City,UT 84138-1147Bureau of Reclamalion - UC - SLC

125 South State St Salt Lake City,UT 84138-1147

R14PS94002

4:00PM

Washington Bennett wbennett@usbr.gov

18 82

03/04/2014

801 5243853

02/04/2014

Document Title

SECTION B ‐ Supplies or Services and Prices

B.1.

CLIN No. Glen Canyon Armed Guard

Services Base Year

Period of Performance (12 months) From Date of Award Through Twelve

Months

Unit Quantity Amount

001 In accordance with the Performance work statement provide professional armed, uniformed security services to Reclamation, in accordance with contract requirements, 24 hours a day, 7 days a week, 365 days a year. The Contractor shall at a minimum provide the services to cover the current post locations specified in the performance statement of work section 3.1.

Month

001A Provide additional surge guard force services in accordance with statement of work and attachment J

Lump Sum (Not to Exceed Amount)

$200,000.00_

Total for Base Year

Services Option Year 1

Period of Performance From Thirteen Months Through Twenty-

Four Months

Unit Quantity Amount

002 In accordance with the Performance work statement provide professional armed, uniformed security services to Reclamation, Document Title in accordance with contract requirements, 24 hours a day, 7 days a week, 365 days a year. The Contractor shall at a minimum provide the services to cover the current post locations specified in the performance statement of work section 3.1.

002A Provide additional surge guard force

Sum (Not to Exceed

$200,000.00

Total For Option Year 1

Option Year 2

Period of Performance From Twenty-Five Months Through Thirty-

Six Months

Unit Quantity Amount

003 In accordance with the Performance work statement provide professional armed, uniformed security services to Reclamation, in accordance with contract requirements, 24 hours a day, 7 days a week, 365 days a year. The Contractor shall at a minimum provide the services to cover the current

003A Provide additional surge guard force

Total For Option Year 2

Document Title

Option Year 3

Period of Performance From Thirty-Seven Months Through Forty-

Eight Months

Unit Quantity Amount

004 In accordance with the Performance work statement provide professional armed, uniformed security services to Reclamation, in accordance with contract requirements, 24 hours a day, 7 days a week, 365 days a year. The Contractor shall at a minimum provide the services to cover the current

004A Provide additional surge guard force

Total For Option Year 3

Option Year 4

Period of Performance From Forty-Nine Months Through Sixty

Months

Unit Quantity Amount

005 In accordance with the Performance work statement provide professional armed, uniformed security services to Reclamation, in accordance with contract requirements, Document Title

24 hours a day, 7 days a week, 365 days a year. The Contractor shall at a minimum provide the services to cover the current post locations specified in the performance statement of work section 3.1.

005A Provide additional surge guard force

Total For Option Year 4

Total For Base Year

Total For Option Year 1

Total For Option Year 2

Total For Option Year 3

Total For Option Year 4

Contract Total

Document Title

SECTION C – Description / Specifications / Statement of work

See Section J Attachment 1- Specifications, for the specifications in their entirety

Document Title

SECTION D – Packaging and Marking

This section is not applicable

Document Title

SECTION E ‐‐ Inspection and Acceptance

E.1 52.252‐02 CLAUSES INCORPORATED BY REFERENCE

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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/ DOi Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6a027d0a3fbad00770078a4a32563132&rgn=div5&view=text&node=48:5.0.7.58.46&id no=48

Clause Title Date 52.246-04 Inspection Of Services- Fixed Price August 1996

Document Title

SECTION F ‐‐ Deliveries or Performance

F.1 52.252‐02 Clauses Incorporated By Reference

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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/ DOi Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/text-

52.242-15 Stop-Work Order August 1989 52.242-17 Government Delay Of Work April 1984

F.2WBR1452.219‐80DistributionofSummarySubcontractingReport‐‐Bureauof
ReclamationJune2002

(a) The original of each Standard Form 295, Summary Subcontracting Report, shall be sent to the Director, Office of Small and Disadvantaged Business Utilization, Department of the Interior, 1849 C Street NW, Washington DC 20240-0001.

(b) One copy of each report shall be furnished to the Business and Economic Development Program Manager, Acquisition and Assistance Management Services, Reclamation Service Center, PO Box 25007, D-7800, Denver, CO 80225-0007.

(c) One copy of each report shall be furnished to the contracting officer.

(d) One copy of each report shall be furnished to the Small Business Administration (SBA) cognizant Commercial Market Representative (CMR) at the address provided by SBA. This address may be obtained by calling SBA Headquarters at (202) 205-6475.

Document Title

SECTION G ‐‐ Contract Administration Data

G.1 1452.201‐70 Authorities and Delegations September 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

Document Title 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)

G.2RAC13‐08ELECTRONICINVOICINGANDPAYMENTREQUIREMENTS‐INTERNET
PAYMENTPLATFORM(IPP)SEPTEMBER2011

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

"Payment requests" 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

The vendor shall upon invoicing through the internet payment platform, attach a copy of their regular vendor invoice by utilizing the attachments feature on the lower right hand corner of the invoicing screen to substantiate requests for payment. The vendor invoice shall be readable in Microsoft Excel, Adobe Acrobat (.pdf) or Microsoft Word.

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

1. Name & address of the Contractor.

2. Invoice date & number.

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

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

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

6. Terms of any discount for prompt payment offered.

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

Document Title

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

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

10. Any other information or documentation required by the contract.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) 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)

G.3 WBR 1452.242‐80 Postaward Conference‐‐Bureau of Reclamation July 1993

(a) Prior to the Contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at Carl Hayden Visitor’s Center, Glen Canyon Dam, Page, AZ.

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

(d) The Contractor shall include any associated costs for attendance at the conference in its offer.

Document Title

SECTION H ‐‐ Special Contract Requirements

H.1 DIAPR 2010‐14 Contractor Performance Assessment Reporting System July 2010

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless processing using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found a t this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/.. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, block 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered

Document Title comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

(3) Prohibit the use of or reference to evaluation data for advertised, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30 - day review period.

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

Document Title

SECTION I ‐‐ Contract Clauses

I.1 52.252‐02 CLAUSES INCORPORATED BY REFERENCE

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 the following addresses:

FAR Clauses - https://www.acquisition.gov/far/ DOi Clauses - http://ecfr.gpoaccess.gov/cgi/t/text/text-

52.202-01 Definitions January 2012 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees April 1984 52.203-06 Restrictions On Subcontractor Sales To The

Government September 2006

52.203-07 Anti-Kickback Procedures October 2010 52.203-08 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity January 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

January 1997

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

October 2010

52.203-13 Contractor Code of Business Ethics and Conduct April 2010 52.203-14 Display of Hotline Poster(s) December 2007 52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights

September 2013

52.204-02 Security Requirements August 1996 52.204-04 Printed or Copied Double-Sided on Post Consumer

Fiber Content Paper May 2011

52.204-09 Personal Identity Verification of Contractor Personnel

January 0117

52.204-10 Reporting Executive Compensation and First - Tier Subcontract Awards

July 2013

Document Title

52.204-13 System for Award Management Maintenance July 2013 52.209-06 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

August 2013

52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters

July 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

May 2012

52.210-01 Market Research April 2011 52.215-02 Audit and Records--Negotiation October 2010 52.215-08 Order of Precedence--Uniform Contract Format October 1997 52.215-14 Integrity of Unit Prices October 2010 52.215-20 Requirements for Certified Cost or Pricing Data and

Data Other Than Certified Cost or Pricing Data October 2010

52.219-06 Notice of Total Small Business Set-Aside November 2011 52.219-08 Utilization of Small Business Concerns July 2013 52.219-14 Limitations on Subcontracting December 1996 52.219-28 Post-Award Small Business Program

Rerepresentation July 2013

52.222-03 Convict Labor June 2003 52.222-17 Nondisplacement of Qualified Workers January 2013 52.222-21 Prohibition of Segregated Facilities February 1999 52.222-26 Equal Opportunity March 2007 52.222-35 Equal Opportunity for Veterans September 2010 52.222-36 Affirmative Action For Workers with Disabilities October 2010 52.222-37 Employment Reports on Veterans September 2010 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act December 2010

52.222-41 Service Contract Act Of 1965 November 2007 52.222-43 Fair Labor Standards Act and Service Contract Act—

Price Adjustment (Multiple Year and Option Contracts)

September 2009

52.222-50 Combating Trafficking in Persons February 2009 52.222-54 Employment Eligibility Verification August 2013 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug Free Workplace May 2001 52.223-10 Waste Reduction Program. May 2011 52.223-18 Encouraging Contractor Policies to Ban text

Messaging While Driving August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.228-02 Additional Bond Security October 1997 52.228-05 Insurance - Work On A Government Installation January 1997

Document Title

52.228-11 Pledges Of Assets January 2012 52.228-14 Irrevocable Letter of Credit December 1999

52.229-03 Federal, State And Local Taxes February 2013 52.232-01 Payments April 1984 52.232-07 Payments under Time-and-Materials and Labor-Hour

Contracts April 1984

52.232-08 Discounts For Prompt Payment February 2002 52.232-09 Limitation on Withholding of Payment April 1984 52.232-11 Extras April 1984 52.232-17 Interest October 2010 52.232-23 Assignment Of Claims January 1986 52.232-25 Prompt Payment July 2013 52.232-33 Payment by Electronic Funds Transfer--System for

Award Management July 2013

52.233-01 A1 Disputes - Alternate I December 1991 52.233-03 Protest After Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.237-02 Protection Of Government Buildings, Equipment, And Vegetation April 1984

52.242-13 Bankruptcy July 1995 52.243-01 A1 Changes—Fixed-Price Alternate I August 1984 52.244-06 Subcontracts for Commercial Item July 2013 52.246-25 Limitation Of Liability--Services February 1997 52.248-01 Value Engineering October 2010 52.249-04 Termination for Convenience of the Government

(Services)(Short Form).

April 1984

52.249-08 Default (Fixed-Price Supply and Service) April 1984 52.252-04 Alterations in Contract April 1984 52.253-01 Computer Generated Forms January 1991

I.2 1452.203‐70 Restriction on Endorsements‐‐Department of the Interior July 1996

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

Document Title

I.3 1452.215‐70 Examination of Records by the Department of the Interior April 1984

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

I.4 1452.228‐70 Liability Insurance ‐‐ Department of the Interior July 1996

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

$100,000 each person $500,000 each occurrence $ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

I.5 1452.237‐70 Information Collection ‐‐ Department of the Interior July 1996

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

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I.6 52.217‐08 Option To Extend Services November 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 90 days prior to contract expiration.

I.7 52.217‐09 Option To Extend The Term Of The Contract March 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days prior to contract expiration; 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 6 months.

I.8 52.232‐32 Performance‐Based Payments April 2012

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

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, Document Title appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested.

The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract, and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

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

(d) Liquidation of performance-based payments.

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

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

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any

Document Title payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

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

(2) Performance of this contract is endangered by the Contractor's (i) failure to make progress, or

(ii) unsatisfactory financial condition.

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

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

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

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

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

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

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

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

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

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of

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

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

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

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

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

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

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

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

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

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(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract, or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract, and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

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

(1) The name and address of the Contractor;

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

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

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

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

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

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

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

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

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

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

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

I.9 52.232‐39 Unenforceability of Unauthorized Obligations June 2013

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

I.1052.232‐40ProvidingAcceleratedPaymenttoSmallBusinessSubcontractors
(DEVIATION)December2013

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

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(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

I.11WBR1452.209‐83LimitationonFutureContracting‐‐BureauofReclamation
December1994

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5, Organizational Conflicts of Interest.

(b) The nature of this conflict is (Management support services)

(c) The restrictions upon future contracting are as follows:

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a future Government solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontract under an ensuing contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid an unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). The Government shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract.

(2) To the extent that the work under this contract requires access to proprietary or confidential data of other companies, and as long as these data remain proprietary or confidential, the contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies.

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I.12WBR1452.223‐82ProtectingFederalEmployeesandthePublicfromExposure
toTobaccoSmokeintheFederalWorkplace‐‐BureauofReclamationDecember

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

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