IFB_R16PS00838_Package_FINAL.pdf

INVITATION FOR BID

Solicitation No. R16PS00836 Contract No. _____________ Commercial Item Acquisition Set Aside - UNRESTRICTED

242 Project - Pipeline Material for the

Yuma Area Office Groundwater Conveyance

U.S. Department of the Interior Bureau of Reclamation Yuma Area Office 7301 Calle Agua Salada Yuma, Arizona

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Solicitation

R16PS00836

Document Title:

242 Project - Pipeline Material for

FOREWORD

The Bureau of Reclamation (Reclamation) is responsible for mitigating high groundwater in the Yuma area. High groundwater levels can adversely impact farming and one of the Yuma Area Office’s missions is to operate four well fields consisting of 100 high-production wells. The groundwater program ensures that the water table is kept at a level that is low enough to safely support agricultural production. Pumped groundwater is returned to the Colorado River and included in water deliveries to Mexico, thereby preserving a like amount of water in Lake Mead. Currently about 20 percent of water deliveries to Mexico are groundwater pumped from the Yuma area. Additionally, some of Reclamation’s conveyances are unlined and many conveyances cross roadways.

The purpose of this Contract is to obtain basic pipeline materials required to improve conveyance structures, to create or replace culverts and siphons at roadway crossings, and to replace earthen canals with pipelines. These activities are intended to conserve Colorado River water by reducing releases from upstream reservoirs.

Questions regarding this solicitation shall be submitted to Ms. Virginia Toledo, Contract Specialist, telephone number

(928) 343-8136 or email at vtoledo@usbr.gov .

Bidders are encouraged to submit bids using recycled paper and doubled sided copying to minimize waste and to utilize products that are made with post-consumer recycled content, recyclable, bio-based, and/or energy efficient products.

In accordance with FAR 19.702(a)(2) If a Large Business submits a bid, it shall submit a subcontracting plan as part of its bid package. If the apparent low bidder fails to provide the proposed subcontracting plan the contracting officer will consider the contractor non-responsive and will proceed to the next eligible bidder.

However, if there are no subcontracting opportunities, please advise the Contracting Officer before bid opening date.

This solicitation is issued as an Invitation for Bids (IFB) in accordance with FAR Part 14--Sealed Bidding. There will be a formal public bid opening on July 21, 2016 at 1700 Eastern Time (2:00 pm local time) at the Bureau of Reclamation, 7301 Calle Agua Salada, Yuma Arizona, Conference Room 120. The resulting contract will be a firm fixed price supply contract.

Express-mailed offers should be addressed to Bureau of Reclamation, Yuma Area Office, Attn: LC-10401 (VToledo), 7301 Calle Agua Salada, Yuma AZ 85364. Offers mailed via U.S. Postal Service should be mailed at least 5 days prior to the date offers are due. Hand-carried bids and express mail will be received at the Bureau of Reclamation, Yuma Area Office, Attn: LC-10401 (VToledo), 7301 Calle Agua Salada, Yuma AZ 85364.

BIDDERS SHALL ANNOTATE THE SOLICITATION NUMBER AND "SEALED BID DO NOT OPEN" ON THE

ENVELOPE.

Bidders are cautioned to carefully review the bid submission instructions contained in Part E, E.2 Addendum to 52.212-1 Instruction to Offerors—Commercial Items. Failure to comply with these instructions may result in your bid being considered non responsive. The Government intends to award to the lowest responsive responsible bid.

Solicitation

Document Title:

242 Project - Pipeline Material for Groundwater Conveyance

TOC Solicitation

Document Title:

242 Project - Pipeline Material for i

TABLE OF CONTENTS

Table of Contents i-ii

Part A – Standard Form 1449 – Solicitation/Contract/Order for Commercial Items 1-3

Part B – Continuation from SF 1449

B.1 Block 14 – Method of Solicitation B-1 B.2 Block 16 – Government Administration Personnel B-1 B.3 Block 17 – Contractor’s Administration Personnel B-1 B.4 Block 18a – Electronic Invoicing and Payment – Internet Payment Platform B-1 B.5 Blocks 19 through 24: Schedule of Supplies/Services and Prices B-2

Part C – Contract Clauses

C.1 Clauses Incorporated by Reference in Accordance with FAR 52.252-2 C-1 C.2 Addendum to 52.212-4 Contract Terms and Conditions—Commercial Items C-1

a. 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

C-1

b. 52.211-16 Variation in Quantity C-2

c. 52.217-6 Option for Increased Quantity C-2

d. 452.201-70 Authorities and Delegations C-2

C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

C-3

C.4 Contractor Performance Assessment Reporting System C-10

Part D – Contract Documents, Exhibits, or Attachments

D.1 List of Items D-1

Part E – Solicitation Provisions

E.1 52.252-1 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 52.204-17 Ownership or Control of Offeror E-1 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representations E-1

52.212-1 Instructions to Offeror--Commercial Items E-1

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transaction Relating to Iran—Representation and Certifications

1452.222-80 Notice of Applicability--Cooperation with Authorities and Remedies--Child Labor--Bureau of Reclamation

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

E-1

E.2 Addendum to 52.212-1 Instructions to Offeror–Commercial Items E-1

a. Period for Acceptance of Offers E-1

b. Multiple Awards E-2

c. Basis of Award E-2

d. Quote Instructions E-2

e. 52.209-7 Information Regarding Responsibility Matters E-4

f. Use and Disclosure of Proposal Information E-5

g. Service of Protest E-6

TOC Solicitation

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242 Project - Pipeline Material for ii

E.3 52.212-2 Evaluation—Commercial Items E-6 E.4 52.212-3 Offeror Representations and Certification--Commercial Item E-7

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

R34

7301 Calle Agua Salada Yuma Area Office Lower Colorado Region Bureau of Reclamation

0009909996 CODE 16. ADMINISTERED BYCODE

X

X

326122

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR34

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/21/2016 1700 ET

07/07/2016

928-343-8136Virginia Toledo (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

R16PS00836

5. SOLICITATION NUMBER

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

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

Yuma AZ 85364

TELEPHONE NO.

17a. CONTRACTOR/

Yuma AZ 85364-9763 7301 Calle Agua Salada Warehouse/Receiving Yuma Area Office Bureau of Reclamation-LC-YAO

15. DELIVER TO

Yuma AZ 85364 7301 Calle Agua Salada Yuma Area 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.

INVITATION FOR BIDS

242 Project -Pipeline Material for the Yuma Area Office

Period of Performance: 09/01/2016 to 05/31/2017

00010 Price Bid Breakdown Schedule CLINS 10-50 Continued ...

(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 B – Continuation of Blocks from SF-

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B- 1

PART A – CONTINUATION OF BLOCKS FROM SF-1449

B.1 BLOCK 14: Method of Solicitation

This acquisition is issued on an unrestricted basis and will be awarded in accordance with the procedures set forth in FAR Part 12 - Acquisition of Commercial Items and FAR Part 14 – Sealed Bidding for the commercial items.

In accordance with FAR 19.702(a)(2) If a Large Business submits a bid, it shall submit a subcontracting plan as part of its bid package. If the apparent low bidder fails to provide the proposed subcontracting plan, the contracting officer will consider the contractor non-responsive and will proceed to the next eligible bidder.

However, if there are no subcontracting opportunities, please advise the Contracting Officer before bid opening date.

B.2 BLOCK 16: Government Administration Personnel

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

Virginia Toledo, Contract Specialist (LC-10401) Bureau of Reclamation 7301 Calle Agua Salada Yuma, AZ 85364 Phone No.: (928) 343-8136 Fax No.: (928) 343-8568 Email: vtoledo@usbr.gov

Meagan Fyffe, Contracting Officer (LC-10300) Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006 Phone No.: (702) 293-8552 Fax No.: (702) 293-8499 Email: mfyffe@usbr.gov

B.3 BLOCK 17a: Contractor’s Administration Personnel

Name: _____________________________________________ Title: _______________________________________________ Address: ____________________________________________ City/State/Zip: ________________________________________ Telephone No: ________________________________________ Fax No.: _____________________________________________ Email: _______________________________________________

Solicitation

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242 Project - Pipeline Material for Groundwater

B- 2

B.4 BLOCK 18a: Electronic Invoicing and Payment - Internet

Payment Platforms April 2013

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

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Courtesy Copy to Contract Specialist (vtoledo@usbr.gov) of IPP submitted invoice and all invoice backup supporting documentation.

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.

B.5 BLOCKS 19 THROUGH 24:

(a) The Contractor shall furnish the items identified in Price Bid Breakdown table, in accordance with the terms, conditions, and specifications contained in the contract.

(b) Bidders are subject to the terms and conditions of this solicitation.

(c) Quantities in the Price Bid Breakdown are estimated quantities for comparison of bidders only. The Government will determine at time of award the amount of pipe to be ordered based on the pricing and funds available. Except as provided in the contract clause FAR 52.211-16 Variation in Estimated Quantity, no claim shall be made against the Government for variations in the quantities stated.

(d) To determine whether awards will be made on the basis of the lowest aggregate price for all Line Items or the lowest price for individual Line Items, the Government will evaluate bids by adding $500 as the administrative cost for each contract awarded.

(e) Offeror shall complete the items in the price breakdown and furnish any additional information required in Part B, as applicable.

(f) NOTE OF CAUTION TO BIDDERS: When completing the bid schedule, the price entered in the "Amount" column shall be the mathematical product of the quantity multiplied by the unit

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242 Project - Pipeline Material for Groundwater

B- 3 price. Rounding up or down is not permitted. If a price entered in the "Amount" column has been rounded, the Contracting Officer will correct such amount, pursuant to the bid preparation provision(s) in Section L for the purposes of determining the apparent low bidder, and any such corrections will appear on the contract award document.

Price Bid Breakdown

19.

Item No.

20. Schedule of Supplies/Services

21. Estimated Quantity

22. Unit 23. Unit Price 24. Amount

10 48" DR 17 HDPE Pipe per attached specifications

Mfg:

65,879 LF

20 42" DR 26 HDPE Pipe per

24,373 LF

30 16" DR 17 HDPE Pipe per

10,000 LF

40 48” x 48” HDPE Tee (DR 15.5) with 3 flange adapters and 316L SS backer rings

5 EA

50 McElroy Mega MC Poly Horse or equal

1 EA

Total

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B- 4

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PART C – Contract Clauses

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C-1

CONTRACT CLAUSES

C.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulations (FAR) - http://www.arnet.gov/far ; and Department of the Interior Acquisition Regulations (DIAR) - http://www.doi.gov/pam/aindex.html Reclamation Acquisition Regulations (RAR) - http://www.usbr.gov/mso/aamd/resources.html

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.

The following referenced clause is hereby incorporated into and made a part of this contract.

Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights and

Requirements to Inform Employee of Whistleblower Rights

Apr 2014

52.204-13 System for Award Management Maintenance July 2013 52.204-18 Commercial and Government Entity Code

Maintenance July 2015

52.204-19 Incorporation by Reference of Representation and Certifications

December 2014

52.212-4 Contract Terms and Conditions – Commercial Items May 2015 52.232-40 Providing Accelerated Payment to Small Business

Subcontractors December 2013

52.242-15 Stop Work Order August 1989 52.247-34 F.O.B. Destination November 1991

C.2 Addendum to 52.212-4 Contract Terms and Conditions – Commercial Items

(FAR 52.212-4 - Incorporated by Reference in Block 27a of the SF-1449)

a. 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

(DEVIATION)

February 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.

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C-2

(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.

b. 52.211-16 Variation in Quantity April 1984

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

15 Percent increase

15 Percent decrease

This increase or decrease shall apply to the total quantity of each item without regard to destination.

c. 52.217-6 Option for Increased Quantity March 1989

The Government may increase the quantity of supplies called for in the price proposal breakdown at the unit price specified. The Contracting Officer may exercise the option at the time of award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

d. 1452.201-70 Authorities and Delegations—Department of the Interior

September 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

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C-3

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

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

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

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

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

e. 1452.203-70 Restrictions on Endorsements JUL 1996

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

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C-4 may request the Contracting Officer to make a determination as to the propriety of promotional material.

f. 1452.237-80 SECURITY REQUIREMENTS—BUREAU OF

RECLAMATION

SEP 2011

(a) General Security Requirements:

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

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

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

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

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

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

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or

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C-5 visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

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

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S.

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

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the CO.

The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

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

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other

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C-6 general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

g . Distribution of Summary Subcontracting Reports

Bidder Subcontracting Plan should provide assurances that the offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Bidder with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov), following the instructions in the eSRS;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS;

(v) Provide its prime contract number and its DUNS number and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number and its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans.

(See Attachment 3 for instructions on Subcontracting Plans)

C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items June 2016

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).\

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

[Contracting Officer check as appropriate.]

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[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[_] (5) [Reserved].

[_] (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

[_] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

[_] (10) [Reserved].

[_] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

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

[_] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

[_] (13) [Reserved] [_] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

[_] (ii) Alternate I (Nov 2011).

[_] (iii) Alternate II (Nov 2011).

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

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

[_](iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

[X] (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

[X] (ii) Alternate I (Oct 2001) of 52.219-9.

[_] (iii) Alternate II (Oct 2001) of 52.219-9.

[_](iv) Alternate III (Oct 2015) of 52.219-9.

Note: Reclamation’s Small Business Goals are – 44.5%

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(ii) Small Disadvantage Businesses -- 5%

(iii) Woman-owned Small Businesses -- 5%

(iv) Historically Under Utilized Business Zone Small Businesses -- 3%

(v) Service Disabled Veteran-owned Small Business -- 3%

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

[_] (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

[X] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[_] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

[X] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

[_] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

[_](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

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

[X] (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

[X] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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[_] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[_] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

[_] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

[_] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

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

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

[_] (ii) Alternate I (Jun 2014) of 52.223-14.

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

8259b).

[_](41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

[_] (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

[_] (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

[_] (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

[_] (46)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

[X] (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[_] (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[_] (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[_] (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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[ ] (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

[_] (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

[X] (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) (31 U.S.C. 3332).

[_] (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[_] (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[_] (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[_] (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

[_] (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

[_] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

[_] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) [_] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

[_](10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) [X] (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O 13627).

[_] (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016)

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(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

C.4 Contractor Performance Assessment Reporting System December 2015

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

b. The past performance evaluation process is a totally paperless process using CPARS.

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

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

d. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

e. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3.