R17PS00011_Solicitation_Cold_Storage_for_RO_Membranes_Final_06Feb2017.pdf

Request for Quote No. R17PS00011 Contract No. TBD Commercial Item Acquisition Reserved for 100% Small Business

Cold Storage for Reverse Osmosis Membranes Yuma Area Office - Yuma, AZ

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

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Document No.

R17PS00011

Document Title

Cold Storage for Reverse Osmosis Membranes

FOREWORD

The Department of Interior, Bureau of Reclamation Yuma Area Office (YAO) has a need for cold storage for 519 pallets of reverse osmosis membranes. As part of the requirement the contractor would be responsible to include bearing the responsibility for physical damage or loss thereof, and the required Property Damage Insurance shall be provided in accordance with the addenda to FAR Clause 52.212-4, Department of Interior WBR 1452.228-70 Liability Insurance (Jul 1996). The place of performance is unknown and the only area identified is San Diego County, California. The Contracting Officer will obtain wage determinations for additional possible places of performance if asked to do so in writing no later than February 17, 2017.

Questions regarding this solicitation shall be submitted to Ms. Maribel Ruble, Contract Specialist, telephone number (928) 343-8217 or email at mruble@usbr.gov.

Offerors are cautioned to carefully review the proposal submission instructions contained in Section E, E.2 Addendum to 52.212-1 Instruction to Offerors—Commercial Items. Failure to comply with these instructions may result in your quote being considered non responsive.

Based upon law, Executive Order, or internal policy, the Department of the Interior, prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors, and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.

mailto:mruble@usbr.gov

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TOC Document No.

Document Title

Cold Storage for Reverse Osmosis Membranes i

TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS i-ii

PART A – STANDARD FORM SF-1449 A-1

PART B – CONTINUATION OF SF-1449 B-1

B.1 Block 14 – Method of Solicitation B-1

B.2 Block 16 – Government Administration Personnel B-1

B.3 Block 17a – Contractor’s Administration Personnel B-1

B.4 Block 18b – Submission of Invoices B-2

B.5 Blocks 19 through 24: Schedule of Supplies/Services B-3

B.6 Block 25 – Performance Period B-7

PART C – CONTRACT CLAUSES C-1

C.1 Clauses Incorporated By Reference 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 (DEVIATION 2015-02)

b. 52.217-8 Option to Extend Services

c. 52.217-9 Option to Extend the Term of the Contract

d. 52.222-49 Service Contract Labor Standards – Place of Performance Unknown

e. 52.222-99 Establishing a Minimum Wage for Contractors (Deviation)

f. 52.232-40 Providing Accelerated Payment to Small Business

g. 1452.201-70 Authorities and Delegations

h. 1452.204-70 Release of Claims

i. 1452.228-70 Liability Insurance

j. 1452.223-81 Safety and Health

k. 1452.242-80 Postaward Conference

C-1

C-2 C-2 C-2 C-3 C-3 C-4 C-5 C-5 C-5 C-9

C.3 52.212-5 Contract Terms and Conditions C-9

C.4 Contractor Performance Assessment Reporting System C-16

PART D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS D-1

D.1 List of Attachments D-1

PART E – SOLICITATION PROVISIONS E-1

E.1 Provisions Incorporated By Reference E-1

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

a. 52.209-7 Information Regarding Responsibility Matters E-1

b. 52.212-2 Evaluation – Commercial Items

c. Request for Quote Instructions

d. 1452.215-71 Use and Disclosure of Proposal Information

E-2 E-3 E-4

E.3 52.212-3 Offeror Representations and Certifications – Commercial Items E-5

TOC

Document Title ii

Part B – Continuation of Blocks from SF-1449

Document Title

B- 1

PART B – 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 FAR

12 Acquisition of Commercial items and FAR 13.5 Simplified Procedures for Certain Commercial Items.

B.2 BLOCK 16: GOVERNMENT ADMINISTRATION PERSONNEL

The Contract Specialist responsible for overall administration of this requirement is:

Maribel Ruble, Contract Specialist (LC-10204) Bureau of Reclamation Yuma Area Office Yuma, AZ 85364 Phone No.: 928-343-8217 Fax No.: 928-343-8568 Email: mruble@usbr.gov

The Contracting Officer responsible for this requirement is:

Virginia Toledo, Contracting Officer (LC-10201) Bureau of Reclamation Yuma Area Office 7301 Calle Agua Salada Yuma, AZ 85364 Phone No.: 928-343-8136 Fax No.: 928-343-8568 Email: vtoledo@usbr.gov

B.3 BLOCK 17a: CONTRACTOR’S ADMINISTRATION PERSONNEL

Name: _____________________________________________ Title: _______________________________________________ Address: ____________________________________________ City/State/Zip: ________________________________________ Telephone No: ________________________________________ Fax No.: _____________________________________________ Email: _______________________________________________ mailto:mruble@usbr.gov mailto:vtoledo@usbr.gov

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B- 2

B.4 Block 18b: SUBMISSION OF INVOICES

Submit invoices in accordance to the clause, Electronic Invoice and Payment Requirements – Internet Payment Platform as noted on Section C, Addendum to FAR 52.212-4, Contract Terms and Conditions Commercial Items. Payment will be made in accordance with the Prompt Payment Act.

B.5 BLOCK 19 THROUGH 24: SCHEDULE OF SUPPLIES/SERVICES

The contractor shall provide Cold storage for 519 pallets of reverse osmosis membranes. As part of the requirement the contractor would be responsible to include bearing the responsibility for physical damage or loss thereof, and the required Property Damage Insurance shall be provided in accordance with the addenda to FAR Clause 52.212-4, Department of Interior WBR 1452.228-70 Liability Insurance (Jul 1996). The services are for Yuma Area Office and shall be provided in accordance to the Performance Work Statement (PWS), Section D, and attachment 1.

(1) Price Schedule

(a) The Contractor shall furnish the items as identified in the Schedule, in accordance with the terms, conditions, and specifications contained in this contract.

(b) An offeror proposing prices on only one schedule or part of a schedule or schedules will not be considered for award.

(c) Definitions

(2) CLIN – Contract Line Item Number

Document Title

B- 3

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

Schedule 1 - Base Year ______________ , 2017 – ______________, 2018 (To be completed upon award.)

19.

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

0010 Storage of RO Membranes 12 Month $ $

0020 Property Damage Insurance 12 Month $ $

Optional CLIN – Transportation of Membranes

18 Lot $ $

Initial Membrane Inventory from Contractor’s Facility to Yuma Area Office.

1 Lot $ $

Total for Schedule 1 $

Schedule 2 – Option Year 1 ______________, 2018 – ______________, 2019 (To be completed upon award.)

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

1050 Storage of RO Membranes 12 Month $ $

1060 Property Damage Insurance 12 Month $ $

Optional CLIN – Transportation of Membranes from Contractor’s Facility to Yuma Area Office.

18 Lot $ $

Total for Schedule 2 $

Document No.

R17PS00011

Document Title

Cold Storage for Reverse Osmosis Membranes

B- 4

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

Schedule 3 – Option Year 2 ______________, 2019 – ______________, 2020 (To be completed upon award.)

19.

Item No.

20. Schedule of Supplies/Services

21. Quantity 22.

Unit

23. Unit Price 24. Amount

2080 Storage of RO Membranes 12 Month $ $

Property Damage Insurance

12 Month $ $

Optional CLIN – Transportation of Membranes from Contractor’s Facility to Yuma Area Office.

18 Lot $ $

Total for Schedule 3 $

Schedule 4 – Option Year 3_______________, 2020 – _______________, 2021(To be completed upon award.)

19.

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

Storage of RO Membranes 12 Month $ $

Property Damage Insurance 12 Month $ $

3140 Optional CLIN – Transportation of Membranes from Contractor’s Facility to Yuma Area Office.

Total for Schedule 4 $

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B- 5

CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

Schedule 4 – Option Year 4 ______________, 2021 – ______________, 2022 (To be completed upon award.)

Item No.

20. Schedule of Supplies/Services

21. Quantity 22. Unit 23. Unit Price 24. Amount

4150 Storage of RO Membranes 12 Month $ $

4160 Property Damage Insurance 12 Month $ $

Optional CLIN – Transportation of Membranes from Contractor’s Facility to Yuma Area Office.

Total for Schedule 5 $______________

Total for Schedule 1 $______________

Total for Schedule 2 $______________

Total for Schedule 3 $______________

Total for Schedule 4 $______________

Total for Schedule 5 $______________

Grand Total for Schedule 1-5 $______________

Document No.

R17PS00011

Document Title

Cold Storage for Reverse Osmosis Membranes

B- 6

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B- 7

B.6 PERFORMANCE PERIOD

The overall contract performance period of this contract consists of the following time periods:

(a) Performance period for the base contract will be for 1 calendar year commencing on the date of contract award.

(b) If Option 1 is exercised, the performance period for Schedule 2, Option Year 1, of the contract will begin the day after completion of Schedule 1 and will extend one additional calendar year.

(c) If Option 2 is exercised, the performance period for Schedule 3, Option Year 2, of the contract will begin the day after completion of Schedule 2 and will extend one additional calendar year.

(d) If Option 3 is exercised, the performance period for Schedule 4, Option Year 3, of the contract will begin the day after completion of Schedule 3 and will extend one additional calendar year.

(e) If Option 4 is exercised, the performance period for Schedule 5, Option Year 4, of the contract will begin the day after completion of Schedule 4 and will extend one additional calendar year.

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B- 8

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Part C – Clauses Document No.

R16PS00638

Document Title

Cold Storage for Reverse Osmosis Membranes

C-1

PART C – 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

In addition, the clauses can be identified as follows: FAR - by the number prefix 52, e.g. 52.252-01, etc.;

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

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

Clause Title Date

52.204-9 Personal Identity Verification of Contractor Personnel January 2011

52.204-13 System for Award Management Maintenance October 2016

52.204-18 Commercial and Government Entity Code Maintenance July 2016

52.212-4 Contract Terms and Conditions – Commercial Items January 2017

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

September 2013

52.228-05 Insurance – Work on a Government Installation January 1997

52.232-19 Availability of Funds For The Next Fiscal Year April 1984

52.242-15 Stop Work Order August 1989

52.245-01 Government Property April 2012

1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace – BOR

October 1998

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 2015-02)

FEBRUARY 2015

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

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

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

http://www.arnet.gov/far http://www.doi.gov/pam/aindex.html http://www.usbr.gov/mso/aamd/resources.html

Part C – Clauses

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C-2

(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)

b. 52.217-8 OPTION TO EXTEND SERVICES NOVEMBER 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days of expiration of the contract.

c. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MARCH 2000

(52) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

€ The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

d. 52.222-49 SERVICE CONTRACT LABOR STANDARDS – PLACE

OF PERFORMANCE UNKNOWN

MAY 2014

(52) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: San Diego County, California. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by February 17, 2017.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

Part C – Clauses Document No.

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Cold Storage for Reverse Osmosis Membranes

C-3

e. 52.222-99 ESTABLISHING A MINIMUM WAGE FOR

CONTRACTOR (DEVIATION)

JUNE 2014

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(52) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2017, and December 31, 2017, shall be $10.20 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

€ The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2017. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph € of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

€ The Contractor shall include the substance of this clause, including this paragraph € in all subcontracts.

(End of clause)

f. 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL

BUSINESSES SUBCONTRCTORS

DECEMBER 2013

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

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

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

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C-4

g. 1452-201-70 AUTHORITIES AND DELEGATIONS –

DEPARTMENT OF THE INTERIOR

SEPTEMBER 2011

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

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

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

(52) 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 € prior to receipt of the Contracting Officer’s response issued under paragraph € of this clause.

€ 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.

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h. 1452.204-70 RELEASE OF CLAIMS–DEPARTMENT OF THE INTERIOR JULY 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

i. 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR JULY 1996

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

LIABILITY INSURANCE: 954 PER Membrane/$2,000,000.00

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

j. 1452.223-81 SAFETY AND HEALTH–BUREAU OF RECLAMATION FEBRUARY 2015

(a) General Security Requirements:

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

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

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

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

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

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

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities.

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

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

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

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

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

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, or failure to follow prescribed access control policies and/or security procedures. 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 general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public

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C-7 disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(52) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor’s organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO.

Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release.

The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(b) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

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(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, “Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.” Although the Department has taken steps to secure access to publicly published classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of non-classified government information technology systems:

(iv)Except as authorized by agency procedures, the contractor shall not, while using Government issued computers or other devices (such as Blackberries or Smart Phones) access the web on non-classified Government systems, or access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto nonclassified systems. This requirement applies to access that occurs either through agency or contractor computers, or through employee or contractor personally owned computers that access non-classified Government systems. This requirement does not restrict contractor access to non-classified, publicly available news reports (and other non-classified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public Web sites or otherwise in the public domain).

(v) Contractors are reminded that only Department of Defense (DoD) facility clearances and personnel with appropriate security clearances will be issued for any bureau or office entering into a contract where classified information may be obtained. Only those personnel granted a security clearance by DoD will be acceptable to the Department of the Interior for access to classified information. Consequently, any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer (BCISO). Therefore, no contractor shall access classified information unless proper clearances have been obtained

(vi) Classified information shall not be removed from official premises or disclosed without proper authorization.

(vii)Contractors who believe they may have inadvertently accessed or downloaded classified or sensitive information on computers that access the web via non-classified government systems, or without prior authorization, should contact their Contracting Officer immediately.

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k. 1452.242-80 POSTAWARD CONFERENCE JULY 1993

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

(b) The conference will be held at the Bureau of Reclamation, Yuma Area Office in Yuma, Arizona.

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

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

(End of Clause)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS–

COMMERCIAL ITEMS

JAN 2017

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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.]

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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/

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__ (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 2016) (Pub. L. 109-

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

__ (5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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]

X (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

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__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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 Rerepresentation (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).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016…