Sol_R15PS00916.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

R1C

1917 Marsh Roard Columbia-Cascades Area Office Pacific Northwest Region Bureau of Reclamation

0009906765 CODE 16. ADMINISTERED BYCODE

X

X

X

541380

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR10

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/15/2015 1700 PT

04/30/2015

509-575-5848 267Marisol Bastiani (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

R15PS00916

5. SOLICITATION NUMBER

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

1 29 0040203605OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Yakima WA 98901

TELEPHONE NO.

17a. CONTRACTOR/

Yakima WA 98901-2058 1917 Marsh Road Columbia Cascades Area Office Bureau of Reclamation-PN-CCAO

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Include with your quotation past performance information. See provision 52.212-2 for additional details.

00010 Provide Geologic Investigations services in accordance with the attached performance work statement. Work will be coordinated and begin within 15 days after receipt of award. All work and reports will be completed by November 30, 2015.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Paula D. Collins

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

Yakima River Basin Integrated Water Resource Management Plan

Performance Work Statement Geologic Investigations Phase II - Drilling for the Keechelus-to-Kachess Conveyance, Tunnel Option

I. Purpose, Scope, and other Work Features

Downhole Geophysical Requirements: Three drill holes (A1/A2-14-1, A1-14-3, A1-14-4) are proposed to characterize the bedrock properties along the proposed water conveyance tunnel options from Lake Keechelus to Lake Kachess for feasibility design (refer to Figure 1 within the attached Field Exploration Request). Reclamation is soliciting for the performance of downhole geophysical testing of the bedrock consisting of optical tele-viewer or acoustic tele-viewer (if turbid water is encountered), Sonic P-Wave/S-Wave logging and Dilatometer Testing.

The downhole geophysical testing of the bedrock will be obtained to provide information about rock quality, including: areas of weak or potentially unstable rock; fracture spacing and orientation;

openness, infilling, weathering, alteration or cementation; shear zones or faults and other information that may aid in predicting ground behavior related to proposed tunnel excavation and support.

The three drill sites (A1/A2-14-1, A1-14-3, A1-14-4) are located along the centerline of the proposed tunnel alignments and are accessible via existing roads (refer to Figure 1 within the attached Field Exploration Request).

The depths of borings are estimated from existing available geologic information. Actual depths of borings will be determined based upon the geology encountered. Final depths of the borings should be determined in consultation with Reclamation’s Technical Service Center (TSC) geologists and engineers. The holes will be drilled using conventional rotary and diamond rock coring methods. The holes will be advanced through the overburden materials using either hollow-stem augers or a casing advancer; other than drill cuttings no samples will be taken in the overburden. The drill holes will be approximately 4 to 6 inches in diameter and core samples will be obtained using HQ3 (3.78-inch hole diameter) wireline core retrieval methods. Bedrock will be cored using water and/or a biodegradable, polymer-based mud to cool the drill bit, stabilize the bottom of the hole and return cuttings to the surface. During sonic logging, water (or drilling fluid) must be maintained in the borehole up to the top of bedrock elevation, or bottom of surface casing elevation, whichever is lower. Reclamation’s drill crew will provide support to the geophysical testing firm on site during the probe installation into the boreholes.

Boreholes to be tested:

• A1/A2-14-1 is located downstream of the toe of Keechleus Dam on Reclamation’s property as shown in Figure 1 within the attached Field Exploration Request. Access will be provided.

The vertical borehole in bedrock will be NX-wireline cored and fully cased to the bottom of the testing interval upon arrival for geophysical testing. The casing will be extracted by the Reclamation’s drill crew as necessary to allow geophysical testing (typically 10 foot intervals).

The testing interval is anticipated to be approximately 100 feet, extending from 75 feet to 175 feet below existing grade.

• A1-14-3 is located downstream on USFS property. Access is along existing 2-lane unimproved USFS roadways as shown in Figure 1 within the attached Field Exploration Request. The vertical borehole in bedrock will be NX-wireline cored and fully cased to the bottom of the testing interval upon arrival for geophysical testing. The casing will be extracted by the Reclamation’s drill crew as necessary to allow geophysical testing (typically 10 foot intervals).

The testing interval is anticipated to be approximately 100 feet, extending from 575 feet to 675 feet below existing grade. A total of 5 dilatometer tests will be conducted within the testing interval at depths determined by the Reclamation Geologist.

• A1-14-4 is located downstream on U.S. Forest Service property. Access is along existing 2-lane unimproved USFS roadways as shown in Figure 1 within the attached Field Exploration Request. The vertical borehole in bedrock will be NX-wireline cored and fully cased to the bottom of the testing interval upon arrival for geophysical testing. The casing will be extracted by the Reclamation’s drill crew as necessary to allow geophysical testing (typically 10 foot intervals). The testing interval is anticipated to be approximately 100 feet, extending from 575 feet to 675 feet below existing grade. A total of 5 dilatometer tests will be conducted within the testing interval at depths determined by the Reclamation Geologist.

Contact Rich Markiewicz, 303-445-3167, rmarkiewicz@usbr.gov, for inquiries regarding any additional specific requirements for tele-viewer/sonic logging of the boreholes, and to schedule with Reclamation for observation and monitoring of the borehole geophysical data collection in the field.

• Preparation of Geophysical Report: The field investigation report should include complete and concise documentation of the field data obtained. The draft and final reports shall be completed in accordance with the schedule shown in part II, Schedule and forwarded to:

Bureau of Reclamation Technical Service Center Building 67, Denver Federal Center Denver, Colorado 80225-0007 Attn: Bryan Simpson, bksimpson@usbr.gov (Mail Code 86-68320)

• One electronic and one paper copy of the final report should be sent to the TSC Coordinator for distribution to team members, Dam Safety Office, Instrumentation group, and archives.

• Safety Plan: At least 10 calendar days prior to commencing the onsite drilling activities, the

Contractor shall submit a Safety Plan that meets the requirements of the Reclamation Safety and Health Standards (RSHS) available at: http://www.usbr.gov/ssle/safety/RSHS/rshs.html, tailored to the specific onsite drilling work required in this modification.

• Regulatory Requirements for Onsite Work: The Contractor shall comply with Federal, State, and local laws and regulations and the RSHS. The Contractor shall conform to most stringent requirement in cases of conflict between the Statement of Work, regulatory requirements, and the RSHS.

• Access Restrictions: The Contractor shall limit their onsite activities to established roadways and previously disturbed areas or as directed by Reclamation.

• Preservation of Cultural Resources: “Preservation of Cultural Resources – Bureau of Reclamation.” Discovery of Resources. Should the Contractor, or any of the Contractor's employees, subcontractors, or parties operating or associated with the Contractor, in the performance of this contract discover evidence of possible cultural resources, the Contractor shall immediately cease work at that location and provide oral notification to the Contracting mailto:rmarkiewicz@usbr.gov mailto:bksimpson@usbr.gov http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Officer, giving location and nature of the findings. The Contractor shall forward a written report of findings to the Contracting Officer within 48 hours.

• Pollution Prevention: The Contractor shall use reasonably available methods and devices to prevent, control, and otherwise minimize atmospheric emissions or discharges of air contaminants.

• The Contractor shall not operate equipment and vehicles that show excessive exhaust gas emissions until corrective repairs or adjustments reduce such emissions to acceptable levels.

• The Contractor shall comply with all applicable Federal, State, and local laws, orders, regulations, and Water Quality Standards concerning control and abatement of water pollution;

and terms and conditions of any applicable permits issued by permit issuing authority.

• The Contractor shall perform geophysical activities by methods that will prevent entrance of, or accidental spillage of solid matter, contaminants, debris, or other pollutants or wastes into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Pollutants and wastes include, but are not restricted to: refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution.

II. Schedule

Milestone Due Date Submission of Safety Plan 10 calendar days prior to performing onsite work Scheduling of onsite work with Denver TSC Staff Within 10 calendar days of execution of work Draft Geophysical Report Within 30 calendar days of completion of field work Final Geophysical Report Within 30 calendar days of receipt of Reclamation’s consolidated comments on the draft report.

III. Deliverables

DELIVERABLE DUE COPIES REQUIRED

Safety Plan 10 calendar days prior to performing onsite work

1 hard copy and 1 electronic (pdf) copy to Activity Manager

Draft Geophysical Report

Within 30 calendar days of completion of field work

1 electronic (pdf) copy to Lead Technical Contact and Activity Manager

Final Geophysical Report

Within 30 calendar days of receipt of Reclamation’s consolidated comments on the draft report.

1 hard copy and 1 electronic (pdf) copy to Lead Technical Contact and Activity Manager

IV. Contacts

Contract Information Role Mr. Todd Maguire, phone 208-375-5305, tmaguire@usbr.gov

Scheduling Contact

Mr. Rich Markiewicz, phone 303-445-3167, rmarkiewicz@usbr.gov

Lead Technical Contact

Mr. Walt Larrick, phone 509-575-5848, ext. 290 wlarrick@usbr.gov

Activity Manager

Paula Collins, phone 208-378-5110, pcollins@usbr.gov

Contracting Officer mailto:dstelma@usbr.gov mailto:rmarkiewicz@usbr.gov mailto:wlarrick@usbr.gov

V. Attachments

Attachment 1 - Field Exploration Request

Figure 1 - Potential Keechelus-to-Kachess Conveyance (Geotechnical Investigation - Potential Bore Hole Locations)

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Contents

PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements— Representation (Feb 2015)(DEVIATION 2015-02)

52.212-1 Instructions to Offerors -- Commercial Items (Apr 2014)

52.212-2 Evaluation -- Commercial Items (Oct 2014)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Dec 2014)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984)

DIAPR 2012-05 Class Deviation – Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts (Feb 2102)

WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services – Bureau of Reclamation (Mar 1993) . 5

WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations – Bureau of Reclamation (May 2005)

CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Mar

2015)(DEVIATION 2015-02)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-4 Contract Terms and Conditions – Commercial Items (Dec 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Dec 2014)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

DIAPR 2011-04 AMEND 4 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) (Aug 2013)

WBR 1452.223-80 Asbestos-Free Warranty – Bureau of Reclamation (Oct 1992)

WBR 1452.237-80 Security Requirements – Bureau of Reclamation (Feb 2011)

ET 02-20 AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF RECLAMATION

CONTRACTORS (SEP 2002)

PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil or http://www.acquisition.gov/far/

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (Feb 2015)(DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.212-1 Instructions to Offerors -- Commercial Items (Apr 2014)

ADDENDUM TO 52.212-1

This addendum replaces the term “offer” with “quote” within the provision at 52.212-1.

52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: price and past performance. Your quote shall include a list of projects similar in scope and complexity to the work required under this request for quotation that the offeror has completed during the last 3 years. Provide enough information about the project to determine its relevancy. For each project include company contact information.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either http://farsite.hill.af.mil/ http://www.acquisition.gov/far/ party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Dec 2014)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any DEPARTMENT OF THE INTERIOR REGULATION (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C.

552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages _______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that

(i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of Provision)

DIAPR 2012-05 Class Deviation – Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts (Feb 2102)

(a) In accordance with sections 433 and 434 of Division E of the consolidated Appropriations Act, 2012 (Pub. L.

112-74), none of the funds made available by the Act may be used to enter into a contract with any corporation that -

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror certifies that -

(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months;

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services – Bureau of Reclamation (Mar 1993)

(a) Metric Transition Plan. The Department of the Interior on December 6, 1991, issued a Metric Transition Program (Part 758 Department Manual Chapter 1) to establish and describe the program's policies and responsibilities. The Bureau of Reclamation (Reclamation), has developed a Metric Transition Plan to implement metrication in Reclamation. This plan describes Reclamation's overall strategy for using the metric system, defines general requirements and procedures for carrying out the transition, and details the tasks with milestones for Reclamation offices to complete.

(b) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act).

(1) Section 5164 of Public Law 100-418, the Trade Act, amended the Metric Conversion Act of 1975 and designated the metric system of weights and measures for United States trade and commerce.

(2) The Trade Act establishes September 30, 1992, as the implementation date (to the extent economically feasible) for Federal agencies to use the metric system of measurement in its procurements, grants, and other business-related activities.

(3) The Trade Act permits exceptions to the use of the metric system to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units.

(4) As a result of the Trade Act, the President issued Executive Order 12770 dated July 25, 1991, to implement the congressional designation of the metric system as the preferred system of weights and measures for United States trade and commerce.

(c) Bureau of Reclamation Implementation. As a result of the Trade Act, Reclamation will, to the maximum extent practicable, use hard conversion and soft conversion metric systems in designing its construction projects, eventually phasing out use of the soft conversion metric system. Exceptions to this policy will only be made when such use is impractical, produces inefficiencies or market losses, or is not economically feasible.

(d) Expected Results. Reclamation expects its support of the metric system to result in increased use of the metric system by U.S. contractors, thereby increasing their ability to compete in the international marketplace. Increasing use of the metric system by U.S. contractors will eliminate possible restrictions on their bidding in the international marketplace and will eliminate any impact of economic blocks by metric countries restricting the acceptance of non-metric products.

(End of Provision)

WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations – Bureau of Reclamation (May 2005)

In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act.

(End of Provision)

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): http://farsite.hill.af.mil or http://www.acquisition.gov/far/.

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Mar 2015)(DEVIATION 2015-02)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-4 Contract Terms and Conditions – Commercial Items (Dec 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (Dec 2014)

Under paragraph (b) the following clauses are incorporated by reference:

(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

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

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

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

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

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

http://farsite.hill.af.mil/ http://www.acquisition.gov/far/

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

(44) 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) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

Under paragraph c:

(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(10) 52.222-55, 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any DEPARTMENT OF THE INTERIOR REGULATION (48 CFR chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

DIAPR 2011-04 AMEND 4 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) (Aug 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist/Contracting Officer at mbastiani@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

“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 Invoice 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.

https://www.ipp.gov/

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)

WBR 1452.223-80 Asbestos-Free Warranty – Bureau of Reclamation (Oct 1992)

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever except for the use of asbestos cement pipe.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available. Contracting Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of this contract.

(End of Clause)

WBR 1452.237-80 Security Requirements – Bureau of Reclamation (Feb 2011)

(a) General Security Requirements:

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

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

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

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

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

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

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

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work. For those individuals with access to the work site, the Contractor shall also provide documentation that the foreign individual is legally residing in, or has been legally admitted to the U.S.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas.

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

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, or failure to follow prescribed access control policies and/or security procedures.