Combined_Synopsis_Solicitation_R16PS00506.pdf

R16PS00506

COMBINED SYNOPSIS/SOLICITATION

Shasta Dam, CA, Annual Crane Inspections

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm Fixed Price Purchase Order with a Base and (4) Option Years in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being set aside 100% for Small Business.

GENERAL INFORMATION

RFQ Number: R16PS00506

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

North American Industry Classification Code (NAICS): 811310 Size Standard: $7.5 million

Set-aside 100% for Small Business

Quotes are due March 09, 2016 at 12:00 noon Pacific Time to fhenthorne@usbr.gov 916-978-5177

SITE VISIT

16349 Shasta Dam Blvd Shasta Lake, CA 96019

All Attendees shall submit the adjacent info to fhenthorne@usbr.gov no later than 3:00pm PT February 25, Monday February 29, 2016 10:00am Pacific Time

-Company Name -Name of Attendee -Position of Attendee -Attendee Phone Number mailto:fhenthorne@usbr.gov mailto:fhenthorne@usbr.gov

Annual Crane Inspection Price Schedule

Base Year: 04/01/2016 thru 03/31/2017 (estimated)

Manufacturer Description Unit Price for Inspection

Shasta Dam Star Iron and Steel Gantry: 125 Ton Main, 25 Ton Aux $___________ Cyclops Iron Bridge: 17 Ton Tower Crane $___________

Shasta Power Plant Lakeside Bridge A: 125 Ton Main, 25 Ton Auxiliary $___________ Lakeside Bridge B: 125 Ton Main, 25 Ton Auxiliary $___________ General Electric Gantry: 7 Ton Tail Bay Stop Log Crane $___________ Cyclopes Iron Bridge: Machine Shop 5 Ton Crane $___________

Keswick Dam Judson Pacific Gantry: 40 Ton Main Penstock Crane $___________ Judson Pacific Bridge: 7.5 Ton Main Spillway Crane $___________ Kone Fish Trap Hoist $___________

Keswick Power Plant Cyclopes Iron Bridge: 115 Ton Main, 25 Ton Auxiliary $___________ Judson Pacific Bridge: Machine Shop 10 Ton $___________ Moffet Gantry: 11 Ton Tail Bay Stop Log $___________

Spring Creek Power Plant Star Iron and Steel Bridge: 150 Ton Main, 25 Ton Auxiliary $___________ Shepard Niles Monorail: 6 Ton Stop Log Hoist $___________

JF Carr Power Plant

Yale Monorail: 4 Ton Stop Log Hoist $___________

Trinity Power Plant

Wright Monorail: 4 Ton Stop Log Hoist $___________

Trinity Outlet Works Ederer Bridge: 25 Ton $___________

Shasta Maintenance Center Mobile Crane Grove TMS25A 25 Ton $___________

Total Base Year $_______________________

QUOTE/PRICING SCHEDULE

Option Year I: 04/01/2017 thru 03/31/2018 (estimated)

Shasta Dam

Lakeside Bridge B: 125 Ton Main, 25 Ton Auxiliary $___________

Total Option Year I $_______________________

Option Year II: 04/01/2018 thru 03/31/2019 (estimated)

Shasta Dam

Lakeside Bridge B: 125 Ton Main, 25 Ton Auxiliary $___________

Total Option Year II $_______________________

Option Year III: 04/01/2019 thru 03/31/2020 (estimated)

Shasta Dam

Lakeside Bridge B: 125 Ton Main, 25 Ton Auxiliary $___________

Total Option Year III $_______________________

Option Year IV: 04/01/2020 thru 03/31/2021 (estimated)

Shasta Dam

Lakeside Bridge B: 125 Ton Main, 25 Ton Auxiliary $___________

Total Option Year IV $_____________________

Total Base and Option Years $____________________

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

Offeror’s Business Information:

Business Name:______________________________

DUNS Number/Cage Code: ______________________

Tax ID Number: _______________________________

Business Size (select one): Large Small

Authorized Agent’s Signature / Date

APPLICABLE WAGE DETERMINATION:

Wage Determination No.: 2005-2055 Revision No.: 19 Date of Revision: 12/29/2015

This document can be viewed at:

http://www.wdol.gov/sca.aspx

Please see further instructions for quote submission under Provision 52.212-1and 52.212-2 contained in this document.

Documents necessary for quote submission are as follows:

1. Technical proposal detailing offeror’s ability to provide services described in the Performance Work Statement (PWS).

Specifically how ANSI / ASME standards will be meet.

2. Completed and signed Page 8 of this document (Pricing sheet)

3. Completed FAR Clause 52.212-3

4. Past Performance References http://www.wdol.gov/sca.aspx

Performance Work Statement Annual Crane Inspection &

Certification

PART 1 GENERAL

1.01 BACKGROUND

A. The Bureau of Reclamation Northern California Area Office has a requirement to perform an annual inspection of cranes and hoisting equipment.

B. The fixed cranes at this facility are pre-1971 design and construction. The types of cranes to be inspected include gantry cranes, bridge cranes and monorail hoists. There is one mobile crane with a 25 Ton capacity. A list of 17 cranes, three hoists and their location is included in Attachment A.

1.02 SCOPE

A. Each crane shall be thoroughly inspected, all systems functionally tested, maintenance performed as specified in this Statement of Work, (SOW) and issued an Inspection Certificate by a qualified and authorized crane inspector.

1.03 OBJECTIVE

A. The objective of this contract is to comply with the Bureau of Reclamation requirement to conduct annual crane inspections and have a documented certificate of crane inspection by a qualified inspector for each crane and hoist.

1.04 TYPE OF CONTRACT

A. The government will award a firm fixed price service contract with options for extending the contract on a yearly basis.

B. Period of Performance

1. The period of performance for this contract is one year from the date of award as the base year, with options for: Year I, Year II, Year III, and Year IV

1.05 ADMINISTRATIVE REQUIREMENTS

A. Administration of this contract shall be by the Contracting Officer’s Representative

(COR) that will be appointed at the time of award.

1. Contractor communication and coordination of work shall be through the Contracting Officer’s Representative.

2. The Contractor shall perform the crane inspection and minor maintenance as defined under Part 2 Technical Requirements.

3. Contractor shall provide a point of contact: name, title and telephone number during normal working hours for the government to schedule the crane inspections and discuss work under this contract.

B. Contractor Qualifications

1. It is incumbent of the Contractor to provide documentation to demonstrate to the government that it is qualified to inspect cranes as per 29 CFR 1910, 1926 Subpart CC and the applicable ANSI/ASME standards to inspect, test and issue documents of certification for land based cranes and hoists.

2. The Lead Field Technician shall have as a minimum: 2,000 hours of crane inspection experience together with classroom training for Crane Inspection provided by a recognized crane training agency within the previous 24 months.

3. Contractor shall provide only qualified and experienced crane operators, riggers and crane service technicians to perform the work. Recent training certificates for rigging and crane operation are required.

C. Schedule and Working Hours

1. Contractor shall be notified no less than 15 working days in advance of the date a crane inspection is required. The Contractor shall provide a field crew to perform the crane inspection as scheduled by the government.

2. Contractor work shall be performed during the hours from 7:30 AM to 4 PM, Monday through Friday.

3. No work shall be performed on recognized federal holidays, declared national, state or local emergencies.

D. Location of Work

1. The cranes requiring inspection are located at the power plants and dams named in

Attachment A. All of the cranes are within Shasta County with the exception of the Trinity Power Plant that is located in Trinity County.

2. The Contractor shall factor travel into the cost to perform the crane inspections, in addition to the logistics and cost to have a man lift delivered to each location as may be required.

3. The Contractor Field Crew shall initially report to the Keswick Office Building located at 16515 Keswick Dam Road, Redding, CA 96001 unless directed otherwise by the Contracting Officer’s Representative.

E. Safety

1. Contractor shall perform the work in accordance with the applicable Federal OSHA standards.

2. Prior to performing field work, Contractor field personnel are required to attend 30 minutes of Hazardous Energy Control training provided by the government and this training is valid for twelve months.

F. Security

1. The work is to be performed at a secure government facility.

2. Contractor employees working in the field shall provide current photo identification at the time of each scheduled field visit for security purposes and issued a contractor badge that is to be displayed for the duration of the work performed on site.

3. Contractor employees are only permitted to work in the areas confined by the operation of the crane being inspected.

4. A government issued Special Work Permit is required for each site visit and requires a signature by the Contractor Lead Field Technician.

1.06 SUPPLIED BY THE GOVERNMENT

A. Utilities

1. Power at 120 Volts off a single 20 Amp circuit is available at some but not all crane locations.

2. Compressed air at 90 psi and 10 CFM is available as some but not all crane locations.

3. No potable water is available.

4. Toilet and washroom facilities are not available at all crane locations.

B. Test Weights

1. Test weights and rigging are available to perform load testing for some, but not all cranes and hoists on the list, should the annual crane inspection coincide with a government required crane load test.

2. Government will make test weights available to Contractor and supply rigging and riggers if necessary to conduct functional load tests.

PART 2 TECHNICAL REQUIREMENTS

2.01 DOCUMENTATION

A. Inspection Qualifications and Standards

1. This is a federal facility. Crane inspections are to be in accordance with US Department of Labor OSHA and applicable ANSI/ASME standards and NOT to CAL-OSHA standards.

2. The preference of the government is that the Contractor inspect each crane following the latest edition of the Standards and Guidelines for Professional Services Performed on Overhead and Traveling Cranes and Associated Hoisting Equipment Publication No. 78 by the Crane Manufacturers Association of America, Incorporated or provide documentation that an equivalent inspection standard is being used.

3. Contractor shall provide the Crane Inspection Certificate Template intended to be used to document each crane has a certificate of inspection. The government shall review this Certificate Template and comment as appropriate.

4. This Crane Inspection Certificate Template shall clearly state what the inspector is certifying, what has been inspected and what standards have been applied.

2.02 WORK TO BE PERFORMED

A. Contractor shall provide all labor, tools, special tools, man lifts, safety equipment and consumable materials including cleaning products, spray lubricants and grease as may be required to complete the work.

B. A crane load test may coincide with the annual crane inspection. In that event, the Contractor shall use test weights and rigging provided by the government to perform an operational test of the crane under full load. The government can provide riggers at the request of the Contractor for the full load test.

C. Contractor shall perform crane maintenance and repair with government approval within the scope specified in this Statement of Work.

2.03 CRANE INSPECTION

A. The government considers Standards and Guidelines for Professional Services

Performed on Overhead and Traveling Cranes and Associated Hoisting Equipment Publication No. 78 by the Crane Manufacturers Association of America, Incorporated to be the industry standard for crane inspection. Contractor shall inspect the crane following the latest edition CMMA Publication No. 78, OR to an equivalent inspection standard that has been developed and provided by the Contractor. The Contractor shall provide sufficient documentation to demonstrate that it is following a similar crane inspection standard. Stating that your field technicians have 20 years of experience inspecting cranes in lieu of a documented crane inspection standard/program developed by the Contractor is not acceptable.

B. The crane inspection requirement under this contract is to inspect and functionally operate all the electrical and mechanical systems and safety devices and report that the systems and devices are working (or not) as intended by the original equipment manufacturer, (OEM).

C. Functionally test all mechanical and electrical systems through full range of operation.

The hoists are to be functionally tested without load to verify the proper operation of controls and verify settings of limit switches.

D. The crane inspection shall include but not be limited to the items listed in Attachment

B, Crane Inspection.

E. Inspection Reports

1. Provide preliminary crane inspection report after completion of crane inspection on the same day or no later than the next day after inspection.

F. Deficiency Reports

1. Provide preliminary crane deficiency report after completion of crane inspection on the same day or no later than the next day after inspection.

2. The deficiency report shall contain two separate lists. One list shall describe deficiencies that require correction in order for the inspector/examiner to certify the crane is operating within the crane manufacturer’s original configuration or within the applicable industry standards and the second list shall describe recommendations that are maintenance items and do not render the crane unsafe to operate under applicable laws and regulations.

3. Deficiencies that the inspector/examiner deems to be significant enough to render the crane inoperable shall have justification siting relevant and applicable standards.

G. Final Report and Crane Inspection Certificate

1. A final report and crane inspection certificate shall be prepared and submitted within five days after completion of work for each crane.

2. Final report shall include inspection reports, deficiency reports, details of repairs and adjustments, load test details and results, if performed and Certificate of Inspection signed by a qualified inspector.

2.04 CRANE MAINTENANCE

A. Clean all mechanical and electro-mechanical components as required to perform a thorough inspection and lubricate as required to maintain proper operation.

B. As a result of the crane inspection, perform minor adjustments to both electrical and mechanical components as required to return equipment to OEM specifications or crane industry standards. On cranes with dual trolleys, adjustment of the speed controllers for each hoist may be required and is considered crane maintenance. Minor adjustments as intended under this section refers to tightening lose fasteners, restoring alignment of components, adjusting and calibrating limit switches, perform brake adjustment and other similar activities.

C. Trolley Rails

1. Visually inspect trolley rails for excessive wear, deflection, movement or misalignment.

2. Trolley rails are to be straight, level and parallel to within 0.125 inch every 20 feet.

The Contractor shall make a reasonable effort to measure and report rail alignment.

3. Check all trolley rail clamps and fasteners. Tighten all loose fasteners as required.

D. Crane Rails

1. Visually inspect crane rails for excessive wear, deflection, movement or misalignment.

2. Crane rails are to be straight, level and parallel to within 0.25 inch every 100 feet.

The Contractor shall make a reasonable effort to measure and report rail alignment.

3. Check all rail clamps and fasteners. Tighten all loose fasteners as required.

E. Monorail Crane Beam Inspection

1. Visually inspect monorail beam flanges for excessive wear and deflection.

2. Monorail beam flanges are to be straight and level to within 0.25 inch every 100 feet. The Contractor shall make a reasonable effort to measure wear and deflection of monorail beam and report results.

2.05 LOAD TESTING

A. Due to the maintenance being performed at the power plants, the government may require a load test at rated capacity of a crane or hoist that coincides with the annual crane inspection. In that event, the role of the Contractor is to perform a functional test of the crane or hoist at the rated load and document the results. The government shall provide rigging as necessary and may provide riggers at the request of the Contractor.

Attachments:

QASP

Attachment 1

QUALITY ASSESSMENT SURVEILLANCE PLAN (QASP)

STANDARDS FOR PERFORMANCE

2.1 QUALITY ASSURANCE and SURVEILLANCE PLAN

A. This Quality Assurance Surveillance Plan (QASP) is intended to establish guidelines that shall be used to determine to what level of success/completion the Contractor has achieved in executing the work. The Quality Assurance Surveillance Plan is one evaluation method the Government uses to determine whether the Contractor meets the standards of performance defined in the PWS.

1. Performance Monitoring

During the course of the evaluation period, (one year for this contract) the COR will track the Contractor performance. Depending upon the quality of the crane inspection by the Contractor, the COR may rate the performance of the Contractor after each crane inspection against the rating criteria provided in this QASP. At the end of the period, the COR will rate the Contractor's performance in accordance with this QASP and report to the Contracting Officer.

2. Contractor Self-Assessment

Although not required, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted no later than 5 working days after the end of the evaluation period. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies had been noted in the Contractor's self-assessment, a description of the actions taken during the evaluation period to correct such deficiencies should be included for the COR to consider.

3. COR Recommendation

The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment when reporting to the Contracting Officer. The Contractor will be provided a draft copy of the COR's evaluation of the Contractor's performance and will be afforded the opportunity to identify factual errors. The COR report is not subject to negotiations and the COR will not engage in discussions with the Contractor.

Any errors identified by the Contractor will be addressed by the COR in the final report.

The Contractor will be provided a copy of the final report as submitted to the Contracting Officer.

4. Payment Determination

The Contracting Officer will make the final determination in writing as to the percentage of work successfully completed and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 30 calendar days after the end of the evaluation period. All Contracting Officer decisions regarding payment re-calculations are unilateral decisions made solely as the discretion of the Government.

5. Deduction Notwithstanding any other clause of this contract, payment re-calculations will be made within 30 days after receipt of an approved invoice.

3.01 Summary of Performance Requirements

Performance Requirement

Acceptable Quality Level Method of

Surveillance Payment Recalculation

1. Government required documentation

2. Crane inspection to industry standards

3. Functional test of all equipment.

4. Crane Inspection

Reporting

5. Performance of mmor maintenance and adjustments

6. As otherwise stated in the PWS

Each activity/task shall be evaluated for:

I .Responsiveness a.) To required documentation.

b.) To technical requirements.

Rating: 0 to 100%

2.Timeliness

Contractor executes each task or activity within the agreed upon timeframe.

3.Qualility of Work

Contractor performed each task or activity with a clear understanding of the requirements. Workmanship was free of defects.

4.Completeness

Contractor executes each activity in the PWS to completion.

COR to provide surveillance, track Contractor progress and performance, discuss findings and follow-up as necessary.

The Government shall monitor the Contractor’s performance in each functional area under this contract and reserves the right to use additional surveillance procedures as is deemed appropriate. If the Contractor fails to complete a portion of work, or the work performed is unsatisfactory for any given service or portion thereof, the Contractor shall correct the deficient work at no additional cost. Work not satisfactorily completed prior to the next business date, as required, shall be subject to a deduction in accordance with Payment Computation.

The Government shall monitor the Contractor’s performance of services using random inspections, verified customer complaints, or 100% inspection method. Customer complaints shall be substantiated by the COR for validity. Should the COR determine that the complaint is valid, the COR shall inform the Contractor orally and in writing and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is available based on the complaint. Should the Contractor disagree with the complaint after the investigation of the site, the Contractor shall notify the COR. The COR shall review the matter to re-examine the validity of the complaint. Unscheduled inspections shall be performed at any time. The Government reserves the right to alter or change the type of inspection at its discretion at any time, and to make deductions accordingly.

ATTACHMENT A

CRANES REQUIRING INSPECTION

Location Manufacturer Description and Hoist Capacity Shasta Dam Star Iron and Steel Gantry: 125 Ton Main, 25 Ton Aux

Cyclops Iron Bridge: 17 Ton Tower Crane Shasta Power Plant Lakeside Bridge A: 125 Ton Main, 25 Ton Auxiliary

Lakeside Bridge B: 125 Ton Main, 25 Ton Auxiliary

General Electric Gantry: 7 Ton Tail Bay Stop Log Crane

Cyclopes Iron Bridge: Machine Shop 5 Ton Crane Keswick Dam Judson Pacific Gantry: 40 Ton Main Penstock Crane

Judson Pacific Bridge: 7.5 Ton Main Spillway Crane

Kone Fish Trap Hoist Keswick Power Plant Cyclopes Iron Bridge: 115 Ton Main, 25 Ton Auxiliary

Judson Pacific Bridge: Machine Shop 10 Ton

Moffet Gantry: 11 Ton Tail Bay Stop Log Spring Creek Power Plant Star Iron and Steel Bridge: 150 Ton Main, 25 Ton Auxiliary

Shepard Niles Monorail: 6 Ton Stop Log Hoist JF Carr Power Plant Star Iron and Steel Bridge: 150 Ton Main, 25 Ton Auxiliary

Yale Monorail: 4 Ton Stop Log Hoist Trinity Power Plant Star Iron and Steel Bridge: 150 Ton Main, 25 Ton Auxiliary

Wright Monorail: 4 Ton Stop Log Hoist

Ederer Bridge: 25 Ton

SMC Mobile Crane Grove TMS25A 25 Ton

Star Iron and Steel: Shasta Dam Gantry Crane 125 Ton Main, 25 Ton Auxiliary Hoist

Cyclops Iron: Shasta Dam Tower Bridge Crane, 17 Ton Hoist

Lakeside: Shasta Power Plant Dual Trolley, Twin Bridge Cranes with two 125 Ton Main and two 25 Ton Auxiliary Hoists

General Electric: Shasta Power Plant Stop Log Gantry Crane, 7 Ton with Custom Fixture

Cyclopes Iron: Shasta Power Plant Machine Shop Bridge Crane, 5 Ton Hoist

Judson Pacific: Keswick Dam Gantry Crane, 40 Ton Hoist

Judson Pacific: Keswick Dam Spillway Tower Bridge Crane, 7.5 Ton Hoist

Kone: Keswick Dam Fish Trap Hoist

Cyclopes Iron: Keswick Power Plant Bridge Crane, Dual Trolley 115 Ton Main, 25 Ton Auxiliary Hoists

Judson Pacific: Keswick Power Plant Machine Shop Crane, 10 Ton Hoist

Moffet: Keswick Power Plant Stop Log Gantry Crane, 11 Ton Capacity with Custom Fixture

Star Iron and Steel: Spring Creek Power Plant Bridge Crane with Dual Trolley 150 Ton Main, 25 Ton Auxiliary Hoist

Shepard Niles: Spring Creek Power Plant Stop Log Monorail Hoist, 6 Ton with Custom Fixture

Star Iron and Steel: JF Carr Power Plant Bridge Crane, 150 Ton Main, 25 Ton Auxiliary Hoist

Yale: JF Carr Power Plant Stop Log Monorail Hoist, 4 Ton with Custom Fixture

Star Iron and Steel: Trinity Power Plant Bridge Crane with Dual Trolley 150 Ton Main, 25 Ton Auxiliary Hoists

Yale: Trinity Power Plant Stop Log Monorail Hoist, 4 Ton with Custom Fixture

Ederer: Trinity Outlet Works Bridge Crane, 25 Ton Hoist

Grove: TMS25A Mobile Crane

ATTACHMENT B

MINIMUM

ITEMS TO BE INSPECTED

FIXED CRANES AND HOISTS

Safety Devices

1. Warning Labels and Devices

2. Guards and Enclosures

3. Travel Limits

a. Main Hoist over hoist limit switch

b. Auxiliary Hoist over hoist limit switch

c. Trolley Travel limit switches

4. Emergency Stop

5. Hook latches

Electrical Systems

1. Main Disconnect

2. Conductors and Collectors

3. Wiring and Conduit

4. Speed Controls

5. Contactors

6. Resistors

7. Motors

Crane Controls

1. Crane and Trolley Travel Controls

2. Hoist and Lowering Controls

Mechanical Systems

1. Gearboxes and lubrication

2. Shafts and couplings

3. Bearings and seals

4. Sheaves and assemblies

5. Wire Rope Drums

6. Hoist Blocks

7. Hooks and bearings

8. Wheel assemblies and wheel wear patterns

Braking Systems

1. Trolley Brakes

2. Hoist Brakes

3. Crane drive brake

Structural Components

1. Crane beams and supporting structures

2. Trolley frame and supporting structures

3. Trolley tracking and dimensionally square

4. Crane rails

5. Trolley rails

6. Bumper stops

Solicitation Clauses and Provisions

Clauses included in this combined solicitation/synopsis are not all inclusive. Clauses included on any ensuing award may include all or some of the below clauses. Contractor’s should assume that all of the below clauses are applicable to this acquisition. Additional clauses may also be added at the discretion of the contracting officer upon award

COMMERCIAL CLAUSES Page 1 FAR 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02)

2 FAR 52.204-13 System for Award Management Maintenance 3 FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

4 FAR 52.212-04 Contract Terms and Conditions – Commercial Items 5 FAR 52.212-05 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items

6 FAR 52.217-08 - Option To Extend Services 7 FAR 52.217-09 - Option To Extend the Term of the Contract

8 FAR 52.232-39 Unenforceability of Unauthorized Obligations 9 FAR 52.228-5 Insurance

10 FAR 52.232-40 Providing Accelerated Payments to Small Business Contractors 11 FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 12 DIAPR 2000-01 Non-Discrimination Notice to US Department of the Interior Contractors, Subcontractors, and Lessors

13 WBR 1452.209-82 Prohibition on Release of Information – Bureau of Reclamation 14 WBR 1452.237-80 Security Requirements- Bureau of Reclamation 15 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing

Platform (IPP)

16 DOI-AAAP-050 Contractor Performance Assessment Reporting System

COMMERCIAL PROVISIONS

1 FAR 52.212-01 Instructions to Offerors – Commercial Items 2 FAR 52.212-2 Evaluation – Commercial Items 3 FAR 52.212-3 Offeror Representations and Certification – Commercial Items 4 FAR 52.237-1 Site Visit 5 FAR 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (DEVIATION 2015-02)

6 FAR 52.209-7 Information Regarding Responsibility Matters 7 FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications

8 1452.215-71 Use and Disclosure of Proposal Information--Department of the Interior 9 ET 02-20 Authorized Workers Notice to Potential Bureau of Reclamation Contractors

10 WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services -- Bureau of Reclamation

11 WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations--Bureau of Reclamation

COMMERCIAL CLAUSES

1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (DEVIATION 2015-02)

MAR 2015

(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)

2 52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

JULY 2013

(a) Definition. As used in this clause--

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible 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.

(c)

(1)

(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; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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.

(2) 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. 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.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of Clause)

3 52.209-9 UPDATES OF PUBLICLY AVAILABLE

INFORMATION REGARDING RESPONSIBILITY

MATTERS

JULY 2013

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

http://fedgov.dnb.com/webform https://www.acquisition.gov/

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

4 52.212-04 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 Governmentwide 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;

(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 errors, date(s) of overpayment);

(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) The 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.

(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…