R16PS00407.pdf

Solicitation No. R16PS00407 Contract No.

TOTAL SMALL BUSINESS SET-ASIDE

Commercial Item Acquisition

Recondition Bearings IDIQ

Hoover Dam, Arizona-Nevada Davis Dam, Arizona Parker Dam, California

U.S. Department of the Interior Bureau of Reclamation 2016 Lower Colorado Region Boulder City, Nevada

THIS PAGE INTENTIONALLY LEFT BLANK

Each year, Hoover Dam, Davis Dam, and Parker Dam generating units send various bronze bushings, thrust bearings components, and guide bearings off-site to either recondition or recondition them to the original configuration. The quantities may vary from one item per year to multiple items. All bronze bushings, thrust bearings components and guide bearings must be picked up, reconditioned, and returned to Hoover, Davis, or Parker Dam.

Specific deliveries cannot be identified at this time. However, when there is a need for a particular service, Reclamation will identify the detailed requirements in a delivery order. Delivery orders will detail the scope of work, performance period, and price. A detailed drawing will be supplied in each delivery order. The typical drawings attached to this solicitation are for information only.

All work shall be performed in accordance with the Bureau of Reclamation criteria, methods, procedures, and the general specifications contained herein or specified in each individual delivery order. All Offerors must have at least five years of experience in manufacturing and repair of hydroelectric turbine generator bearings and be familiar with the principles of hydrodynamic bearings. As stated in FAR Clause 52.219-14, all offerors must self-perform a majority of the work. Any sub-contracting must be fully detailed in the initial proposal.

In order to ensure competition, the Government intends to award a contract resulting from this solicitation to up to three (3) responsible offerors whose offers conform to the solicitation, and will be most advantageous to the Government, price, and other factors considered. The Government intends to award a delivery order for the reconditioning of N5 Thrust Bearing Shoes in response to this solicitation. In order to be considered for award, offerors is required submit a proposal in response to the attached Statement of Work for the N5 Thrust Bearing Shoes. Failure to submit a proposal will cause the proposal to be rejected.

Offerors are reminded that the Buy American Act applies to small business set-asides and restricts the purchase of supplies that are not domestic end products. Prior to submitting a proposal in response to the solicitation, offerors are strongly advised to review United States Code 41 U.S.C. 10a-10d and Federal Acquisition Regulations Subpart 25.1, Buy American Act – Supplies, regarding policies and procedures that apply to this acquisition.

The Government intends to award contracts without discussion with Offerors. The award decision will be based on the Offeror’s initial proposal. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. See the provisions in Section E that include General, Technical, and Pricing Proposal Instructions and Evaluation Factors for Award.

For the date and place of receipt of offers, see “Solicitation, Offer, and Award”, Standard Form 1449, immediately following the “Table of Contents”.

The proposed IDIQ contract(s) will be for an ordering period of five years from date of contract award with the cumulative/maximum amount of all task orders not exceeding $5,000,000 on each contract. The Government does not guarantee an awardee will receive more than the contract minimum guarantee. The minimum guarantee for each multiple award contract is $10,000 and covers the base five year period. The minimum guarantee amount will be paid at the end of the final ordering period if a contractor has NOT been awarded a delivery order or the value of the awarded task order(s) is less than the minimum guarantee. There is no guarantee that the maximum contract value will be distributed equally among the pool of contractors as the total values will be determined through a competitive delivery order award process. Delivery order procedures are identified in B.9 Delivery Order Issuance Procedure.

The awarded contracts are for the Lower Colorado Regional Offices. The awarded contracts will not be available for use by any other Reclamation Regional Offices.

The volume and number of proposal copies to be submitted are indicated above. Because of the amount of documentation to be submitted, electronic delivery is not acceptable. The proposal should be delivered to the following address:

Postal Mail to:

Bureau of Reclamation Lower Colorado Region Attn: Denise Hinds LC-10306 P.O. Box 61470 Boulder City, NV 89006

FedEx to:

Bureau of Reclamation Lower Colorado Region Attn: Denise G Hinds LC-10306 500 Fir Street Boulder City, NV 89005

Hand Delivery to:

1200 Park St Boulder City, Nevada 89005

[Directions to Park St address: Please proceed north on Nevada Way around the curve. Lake Mead will be on the left, and the driveway up to the parking lot on your right. Please access instructions at the front door of the one-story building (Administration Annex) to submit your proposal.]

TOC

Document No.

R16PS00407

Document Title

TABLE OF CONTENTS

TABLE OF CONTENTS PAGE

PART A – STANDARD FORM (SF) 1449 A-1

PART B -- CONTINUATION OF SF-1449

B.1 Block 14: Acquisition Method B-1 B.2 Block 15: Deliver To B-1 B.3 Block 18b: Submission of Invoices - DOI B-2 B.4 Block 19 through 24: Schedule of Supplies/Services B-2 B.5 Minimum and Maximum Ordering Quantities B-3 B.6 Contract Performance Period B-3 B.7 Ordering Authority B-3 B.8 Delivery Order Performance Periods B-4

B.9 Delivery Order Issuance Procedures B-4 B.10 Type of Contract B-5 B.11 Government Administration B-5 B.12 Contractor’s Administration Personnel B-6 B.13 Authorities and Delegations B-6 B.14 Commencement, Prosecution, and Completion of Task Orders B-7

PART C – CONTRACT CLAUSES

C.1 52.212-04 – Contract Terms and Conditions – Commercial Items C-1

C.2 Addendum to 52.212-04 Contract Term and Conditions – Commercial Items C-6

a. 52.252-02 – Contract Clauses Incorporated by Reference C-6

52.203-7 – Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights C-6 52.204-13 – System for Award Management Maintenance C-6 52.204-18 – Commercial and Government Entity Code Maintenance C-6

52.204-19 – Incorporation by Reference of Representations and

Certifications C-7

52.209-9 – Updates of Publicly Available Information Regarding

Responsibility Matters C-7

52.232-40 – Providing Accelerated Payments to Small Business

Subcontractors C-7 52.233-04 – Applicable Law for Breach of Contract Claim C-7 52.247-34 – F.O.B. Destination C-7

b. 52.203-99 – Prohibition on Contracting with Entities That Require

Certain Internal Confidentiality Agreements – Dev 2015-2 C-7

c. 52.204-21 – Basic Safeguarding of Covered Contractor Information

Systems C-7

d. 52.216-18 – Ordering C-8

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TABLE OF CONTENTS PAGE

e. 52.216-19 – Order Limitations C-9

f. 52.216-22 - Indefinite Quantity C-9

g. 1452.203-70 – Restriction on Endorsements C-10

h. Contractor Performance Assessment Reporting System C-10 C.3 52.212-05 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders – Commercial Items C-12

PART D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHEMENTS

D.1 Applicability of Documents D-1 D.2 List of Contract Documents D-1

PART E – SOLICITATION PROVISIONS

E.1 52.252.01 – Solicitation Provisions Incorporated by Reference E-1 52.212-01 – Instructions to Offerors – Commercial Items E-1 E.2 Addendum to 52.212-01 Instructions to Offerors – Commercial Item E-1

a. 52.252-01 – Solicitation Provisions Incorporated by Reference E-1 52.204-7 – System for Award Management E-1 52.204-16 – Commercial and Government Entity Code Reporting E-1 52.216-27 – Single or Multiple Awards E-1

52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification E-1

1452.222-80 – Notice of Applicability – Cooperation with Authorities and Remedies – Child Labor – BOR E-1

1452.225-82 – Notice of World Trade Organization Procurement Agreement Evaluations E-1

b. 52.203-98 – Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements – Representation (Dev 2015-2) E-2

c. 52.209-7 – Information Regarding Responsibility Matters E-2 E.3 52.212-02 – Evaluation Commercial Items E-3 E.4 1452.215-71 - Use and Disclosure of Proposal Information - DOI E-6 E.5 1452.215-81 – General Proposal Instructions E-7 E.6 1452.215-82 – Technical Proposal Instructions E-8 E.7 1452.215-83 – Pricing Proposal Instructions E-10 E.8 1452.233-02 – Service of Protest E-11 E.9 52.212-03 – Offeror Representations and Certifications – Commercial

Items E-11

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

R30

500 Fir Street Regional Office Lower Colorado Region Bureau of Reclamation

0009909991 CODE 16. ADMINISTERED BYCODE

X

X

X

333613

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR30

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/30/2016 1500 PD

07/22/2016

702-293-8459Denise Hinds (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

R16PS00407

5. SOLICITATION NUMBER

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

1 2 See ScheduleOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boulder City NV 89005

TELEPHONE NO.

17a. CONTRACTOR/

Boulder City NV 89005-0400 State Route 172 Hoover Dam Central Warehouse Bureau of Reclamation-LC-Hoover Dam

15. DELIVER TO

Boulder City NV 89005 500 Fir Street Regional Office Lower Colorado Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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.

Recondition Bearings for Hoover, Davis, and Parker Dams

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Meagan R. Fyffe

. 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

2 2 of

Part l - Section B Continuation Of

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Document Title Recondition Bearings, IDIQ

B-1

PART B – CONTINUATION OF SF-1449

B.1 BLOCK 14: ACQUISITION METHOD

This procurement is being solicited as an RFP using the procedures set forth in FAR Part 12 - Acquisition of Commercial Items and FAR Part 15 - Contracting by Negotiation.

B.2 BLOCK 15: Deliver To

a. DELIVERY DATE

Delivery dates will be specified in individual delivery orders.

b. DELIVERY TO:

(1) All supplies or equipment required under this contract for Hoover Dam shall be shipped FOB destination to the following address:

U.S. Department of the Interior Bureau of Reclamation Lower Colorado Dams Facilities Office Hoover Dam Central Warehouse South U.S. Highway 93, SR 172 Boulder City, Nevada 89005

Deliveries will be accepted between 7:30 a.m. to 3:30 p.m., Pacific Time, Monday through Friday only.

Point of contact for delivery information is Randy Unverrich, (702) 494-2513.

(2) All supplies or equipment required under this contract for Davis Dam shall be shipped FOB destination to

U.S. Department of the Interior Bureau of Reclamation Davis Dam Field Division Bullhead City, Arizona 86429

Deliveries will be accepted between 7:30 a.m. to 3:30 p.m., Pacific Time, Monday through Friday only.

Point of contact for delivery information will be provided upon award of individual delivery orders.

(3) All supplies or equipment required under this contract for Parker Dam shall be shipped FOB destination to

U.S. Department of the Interior Bureau of Reclamation Parker Dam Field Division Highway 95 Parker, California 92267

Deliveries will be accepted between 7:30 a.m. to 3:30 p.m., Pacific Time, Monday through Friday only.

Point of contact for delivery information is Reba Carter, (760) 663-3712, extension 3224.

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B.3 BLOCK 18b: Submission of Invoices

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

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

"Payment request" means any request for contract financing payment or invoice 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:

1. A copy of Contractor generated invoice

2. A copy of the Contractor’s original receipts for items purchased under the time and material line items.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

B.4 BLOCK 19. Through 24.: Schedule of Supplies/Services

Schedule for Thrust Bearing Components and Guide Bearings Item No. Services Estimated

Quantities Unit of Issue Unit Price Amount

Provide all materials, equipment, supervision, and labor to recondition various hydro-electric turbine generator guide and thrust bearings from Hoover Dam, Davis Dam, and Parker Dam.

TBD

EA

*TBD

* Price will be competitively determined on individual Delivery Orders.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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Schedule for Bronze Bushings Item No. Services Estimated

Quantities Unit of Issue Unit Price Amount

Provide all materials, equipment, supervision, and labor to recondition or recondition various hydro-electric turbine generator bronze from Hoover Dam, Davis Dam, and Parker Dam.

TBD

EA

* Price will be competitively determined on individual Delivery Orders.

B.5 MINIMUM AND MAXIMUM ORDERING QUANTITIES – IDIQ

CONTRACTS

BOR

The Government will order and the contractor shall furnish at least the minimum and not to exceed the maximum quantity of supplies or services during the term of this contract.

Guaranteed Minimum Dollar Value over 5 Year Performance Period per award

Not to Exceed Dollar Value over 5 Year Performance Period per award

$10,000 $5,000,000

B.6 PERFORMANCE PERIOD – BASE CONTRACT

a. The ordering period begins on the date of award and continues for five (5) years. Delivery orders may be placed at any time during the ordering period.

b. Individual Delivery Orders may be placed as needed any time during the five year performance term. Each order will specify the tasks to be completed as well as the delivery/completion date. See Clause 52.216-22, Indefinite Quantity for additional information.

c. Delivery orders may be issued under this contract until the final day of the contract term.

B.7 ORDERING AUTHORITY

Any Bureau of Reclamation Contracting Officer whose duty station is the Lower Colorado Regional Office, Boulder City, Nevada, acting within the limits of his/her appointed authority under the Department of the Interior’s Contracting Officer’s Warrant System is authorized to issue Delivery Orders under a resultant contract. All orders will be issued in writing only.

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B.8 DELIVERY ORDER PERFORMANCE PERIODS

a. Each individual delivery order will specify a performance period for the work covered under that delivery order.

b. Delivery orders not completed by the time the final contract term has expired, shall continue until completion under the same terms and conditions. The delivery order may not be modified to add work not within the original scope of that delivery order during this period.

B.9 DELIVERY ORDER ISSUANCE PROCEDURES

a. General

(1) Work under this contract will be ordered as needed via Optional Form (OF) 347 – Order for Supplies or Services for individual delivery orders issued on a fair opportunity basis. In the case of an urgent requirement, the Contracting Officer may issue a verbal delivery order to the Contractor to begin immediate work on a delivery. This verbal order will be followed up with 24 hours with a written order provided to the Contractor.

(2) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Delivery Orders.

(3) Delivery Orders will be firm fixed-priced and clearly define the specific services to be performed.

(4) Delivery Orders may include Original Equipment Manufacturer (OEM) drawings and Statement of Work.

(5) Delivery Orders may be modified by the Contracting Officer. Modifications to Delivery Orders will be issued on Standard Form (SF) 30 and cite the Delivery Order Number.

(6) Contractors are required to contact the Contracting Officer within two days of receipt of a request for quotes for a proposed Delivery Order if a firm cannot propose on that specific Delivery Order.

b. Fair Opportunity

(1) Competition for issuance of Delivery Orders is limited to those awardees under this contract. All awardees will be given a fair opportunity to be considered for each Delivery Order. Upon determining the need to issue a Delivery Order, all awardees will be considered equally against the stated criteria applicable to each individual Delivery Order. The Government intends to issue delivery orders by electronic commerce via e-mail.

(2) Unless the Contracting Officer applies the exceptions noted below, each Delivery Order will be awarded, as a result of competition to the contractor whose offer is the best value to the Government considering the order evaluation criteria specified in the Delivery Order. The Government reserves the right to use procedure(s) that are best suited to the circumstances of the contract action to fulfill the Government’s requirements efficiently.

c. As specified in FAR 16.505(b)(2), the Contracting Officer reserves the right to make award of a Delivery Order without competition based upon one of the circumstances described below:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays; or

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; or

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(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

(5) A statute expressly authorizes or requires that the purchase be made from a specific source.

d. Requests for Proposals

(1) The Government is not obligated to obtain written proposals or hold discussions prior to award of a Delivery Order. If the Government determines that proposals are necessary, proposals may be submitted in writing or oral form at the discretion of the Contracting Officer. It is the intent of the Government to award Delivery Orders without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary, such as; should all proposals contain deficiencies that would preclude awarding the Delivery Order, discussions will commence to resolve the deficiencies and contractors will be provided an opportunity to submit a final proposal revision.

(2) The contractor will be notified in the request for proposal issued for each proposed Delivery order of the following elements to the RFP:

(a) Statement of Work

(b) Drawings

(3) Offerors are expected to examine the statement of work, drawings, specifications, Schedule, and all instructions. Failure to do so will be at the offeror's risk.

e. Pricing of Orders.

(1) The Government will issue delivery orders on a firm-fixed price basis.

B.10 TYPE OF CONTRACT

The Government intends to award multiple Indefinite Delivery / Indefinite Quantity firm fixed price contracts. All task orders will provide fair opportunity and be issued on a firm fixed price basis.

B.11 GOVERNMENT ADMINISTRATION

The contracting office representatives responsible for overall administration of this contract is:

Denise G. Hinds, Contract Specialist, LC-10306 Bureau of Reclamation P.O. Box 61470 Boulder City, NV 89006-1470 Phone No.: 702-293-8459 Facsimile No.: 702-293-8499 E-mail: dhinds@usbr.gov

Meagan Fyffe, Contracting Officer, LC-10300 Bureau of Reclamation P.O. Box 61470 mailto:dhinds@usbr.gov

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Boulder City, NV 89006-1470 Phone No.: 702-293-8552 Facsimile No.: 702-293-8499 E-mail: mfyffe@usbr.gov

B.12 CONTRACTOR’S ADMINISTRATION PERSONNEL

The designated contractor official responsible for overall administration of this contract is:

Company Name:

Name:

Title:

Address:

City/State/Zip:

E-mail address:

Telephone No.:

B.13 AUTHORITIES AND DELEGATIONS

(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.

The COR on this requirement is:

Bureau of Reclamation POC: To be assigned at time of award P.O. Box 61470 Boulder City, NV 89006-1470 Contracting Officer’s Representative: _________________________ Phone No.: 702-293-____ Email address: __________@usbr.gov

(This information will be provided at time of award)

(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 mailto:mfyffe@usbr.gov

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B-7 representatives(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the contracting Officer's response issued under paragraph

(e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the risk of the Contractor.

B.14 COMMENCEMENT, PROSECUTION, AND COMPLETION OF TASK ORDERS

(a) The performance of additional services, not specifically identified at this time, to be furnished under this contract shall be made only as authorized by individual task orders issued in accordance with terms in Section C, paragraphs C.2.d. - 52.216-18 Ordering & C.2.e. - 52.216-19 Order Limitations.

(b) The contractor shall be required to (1) commence work under each individual task order within the time frame stated in the task order, (2) prosecute the work diligently, and (3) complete the entire work no later than the date specified in each task order.

(c) Nothing contained in the contract shall prohibit the Government from placing other orders or contracts for similar services.

End of Section B

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Part lll - Section C Contract Documents, Exhibits Or Attachments

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PART C – CONTRACT CLAUSES

C.1 52.212-4 Contract Terms and Conditions – Commercial Items MAY 2015

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

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(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation

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(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov .

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal https://www.acquisition.gov/

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C-6 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:

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

(ii) 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.

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

(2) Paragraph (u)(1) 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.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C.2 ADDENDUM TO 52.212-04 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

FEB 2012

a. 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

Federal Acquisition Regulations (FAR) clauses - http://www.acquisition.gov/far/

Department of the Interior Acquisition Regulations (DIAR) clauses -http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

Reclamation Acquisition Regulations (RAR) clauses -http://www.usbr.gov/mso/aamd/downloads/BOR_RAR.doc

In addition, the clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc.;

DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70; and RAR - by the number prefix 1452 and number suffix of -80, e.g. 1452.201-80.

Clause Title Date

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE JUL 2015

http://www.acquisition.gov/far/

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52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS DEC 2014

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS JUL 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS DEC 2013

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM OCT 2004

52.247-34 F.O.B. DESTINATION NOV 1991

b. 52.203-99

PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(DEV 2015-2)

FEB

(a) The contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors 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.

c. 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

JUN

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract…