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CULTURAL RESOURCES
IDIQ
SOLICITATION NO. R17PS00106
VOLUME I OF II
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
UPPER COLORADO REGION
SALT LAKE CITY, UT ACQUISITION OFFICE
WESTERN COLORADO AREA OFFICE – DURANGO PROJECT
Solicitation No.: R17PS00106 Title: Cultural Resources IDIQ
IMPORTANT INFORMATION
1. This Solicitation is a Total Small Business set-aside. Please see FAR Clause 52.219-06 for additional information.
2. The First Round of questions pertaining to this requirement are due, in writing, no later than Tuesday, February 2, 2017, 12:00pm (noon MST) to lhancock@usbr.gov. No questions will be accepted after the due date and time. Only questions submitted in writing will be accepted.
3. The Second Round of questions pertaining to this requirement shall be accepted after the First Round of Questions are answered by Amendment. The Second Round of Questions are due, in writing, no later than Thursday, March 16, 2017, 12:00pm (noon MDT) to lhancock@usbr.gov. No questions will be accepted after the due date and time. Only questions submitted in writing will be accepted.
4. Solicitation Closing Date: Wednesday, April 5, 2017 Solicitation Closing Time: 14:00 Mountain Daylight Time
5. Proposals must be delivered to:
Ms. Louise Hancock, UC-853 Bureau of Reclamation 125 South State Street Room 8100 Salt Lake City, UT. 84138
Packaging must be clearly identified as “PROPOSAL – ONLY TO BE OPENED BY CONTRACTING OFFICER” to prevent mishandling.
Please closely read 1452.215-81 General Proposal Instructions—Bureau of Reclamation (Jan 1998) - WBR for exact submission format.
Any proposals must be in the Contracting Specialist’s possession no later than 14:00 hours MDT on April 5, 2017.
6. Inquiries regarding this Solicitation should be made to:
Ms. Louise Hancock, Contract Specialist E-mail: lhancock@usbr.gov Phone: 801-524-3756
7. All correspondence regarding this Solicitation should reference Solicitation No. R17PS00106 Cultural Resources IDIQ.
8. Please read Section L and M attentively and thoroughly for proposal information.
CONTENTS
SECTION A – SOLICITATION/CONTRACT FORM
SECTION B – SCHEDULE
Contract Price Schedule
Description of Contract
Task Order Ordering Procedures
Place of Performance
Minimum and Maximum Contract Amount
Task Order Contract Ombudsman
Travel
SECTION C – STATEMENT OF WORK
SECTION D – PACKAGING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
52.246-04 Inspection of Services – Fixed Price (Aug 1996)
52.246-06 Inspection – Time and Material and Labor Hour (May 2001)
SECTION F – DELIVERIES OR PERFORMANCE
52.242-15 Stop Work Order (Aug 1989)
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 Authorities and Delegations (Sep 2011)—DIAR
DOI-AAAP 0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)— Department of the Interior
1452.242-80 Post Award Conference—Bureau of Reclamation (July 1993)—WBR
SECTION H – SPECIAL CONTRACT REQUIREMENTS
DIAPR 2010-14 Contractor Performance Assessment Reporting System (July 2010)—Department of the Interior
Clauses Not Applicable to Time-and-Materials Type Task Orders
Clauses Not Applicable to Firm-Fixed-Price Type Task Orders
Key Personnel
SECTION I – CONTRACT CLAUSES
52.202-01 Definitions (Nov 2013)
52.203-03 Gratuities (Apr 1984)
52.203-05 Covenant against Contingent Fees (May 2014)
52.203-06 Restrictions on Subcontractor Sales to the Government (Sept 2006)
52.203-07 Anti-Kickback Procedures (May 2014)
52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)
52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)
52.204-02 Security Requirements (Aug 1996)
52.204-04 Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper (May 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)
52.204-13 System for Award Management Maintenance (July 2013)
52.204-14 Service Contract Reporting Requirements (Jan 2014)
52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)
52.209-06 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)
52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters (July 2013)
52.210-01 Market Research (Apr 2011)
52.211-18 Variation in Estimated Quantity (Apr 1984)
52.215-02 Audit and Records—Negotiation (Oct 2010)
52.219-06 Notice of Total Small Business Set-Aside (Nov 2011)
52.219-08 Utilization of Small Business Concerns (Oct 2014)
52.219-28 Post-Award Small Business Program Rerepresentation (July 2013)
52.222-03 Convict Labor (June 2003)
52.222-21 Prohibition of Segregated Facilities (Apr 2015)
52.222-26 Equal Opportunity (Apr 2015)
52.222-35 Equal Opportunity for Veterans (Oct 2015)
52.222-36 Equal Opportunity for Workers with Disabilities (July 2014)
52.222-37 Employment Reports on Veterans (Oct 2015)
52.222-40 Notification of Employee Rights under the National Labor Relations Act (Dec 2010)
52.222-50 Combating Trafficking in Persons (Mar 2015)
52.222-54 Employment Eligibility Verification (Oct 2015)
52.223-06 Drug Free Workplace (May 2001)
52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving (Aug 2011)
52.225-13 Restrictions on Certain Foreign Purchases (June 2008)
52.227-01 Authorization and Consent (Dec 2007)
52.227-02 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)
52.227-14 Rights in Data – General (May 2014)
52.227-17 Rights in Data – Special Works (Dec 2007)
52.229-03 Federal, State and Local Taxes (Feb 2013)
52.232-01 Payments (Apr 1984)
52.232-08 Discounts for Prompt Payment (Feb 2002)
52.232-11 Extras (Apr 1984)
52.232-17 Interest (May 2014)
52.232-23 Assignment of Claims (May 2014)
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (July 2013)
52.232-39 Unenforceability of Unauthorized Obligations (June 2013)
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)
52.233-01 Disputes (Dec 1991)—Alternate I (May 2014)
52.233-03 Protest after Award (Aug 1996)
52.233-04 Applicable Law for Breach of Contract Claim (Oct 2004)
52.242-03 Penalties for Unallowable Costs (May 2014)
52.242-04 Certification of Final Indirect Costs (Jan 1997)
52.242-13 Bankruptcy (July 1995)
52.243-01 Changes – Fixed Price (Apr 1984)—Alternate I (Aug 1987)
52.243-03 Changes – Time-and-Materials or Labor-Hours (Sept 2000)
52.244-02 Subcontracts (Oct 2010)
52.244-06 Subcontracts for Commercial Items (Dec 2015)
52.246-25 Limitation of Liability – Services (Feb 1997)
52.249-04 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984)
52.249-06 Termination (Cost-Reimbursement) (Sept 1996)—Alternate IV (May 2004)
52.249-08 Default (Fixed-Price Supply and Service) (Apr 1984)
52.249-14 Excusable Delays (Apr 1984)
52.253-01 Computer Generated Forms (Jan 1991)
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Feb 2015) (Deviation 2015-02)
52.204-01 Approval of Contract (Dec 1989)
52.216-18 Ordering (Oct 1995)
52.216-19 Order Limitation (Oct 1995)
52.216-22 Indefinite Quantity (Oct 1995)
52.217-08 Option to Extend Services (Nov 1999)
52.217-09 Option to Extend the Term of the Contract (Mar 2000)
52.219-14 Limitations on Subcontracting (Nov 2011)
1452.203-70 Restriction on Endorsements (July 1996)—DIAR
1452.204-70 Release of Claims (July 1996)—DIAR
1452.215-70 Examination of Records by the Department of the Interior (Apr 1984)—DIAR
52.215-08 Order of Precedence—Uniform Contract Format (Oct 1997)
52.232-07 Payments under Time-and-Materials and Labor-Hour Contracts (Aug 2012)
52.232-16 Progress Payments (March 2000)—Alternate I (Apr 2012)
52.252-2 Clauses Incorporated by Reference (Feb 1998)
52.252-06 Authorized Deviations in Clauses (Apr 1984)
1452.223-80 Asbestos Free Warranty—Bureau of Reclamation (Oct 1992)—WBR
1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace—
Bureau of Reclamation (Oct 1998)—WBR
1452.228-84 Certification of Representatives for Corporate Sureties—Bureau of Reclamation (Sept 1996)—WBR
1452.243-80 Modification Proposals—Bureau of Reclamation (Dec 2001)—WBR
SECTION J – LIST OF ATTACHMENTS AND EXHIBITS
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.203-02 Certificate of Independent Price Determination (Apr 1985)
52.204-03 Taxpayer Identification (Oct 1998)
52.204-08 Annual Representations and Certifications (Jan 2016)
52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (Feb 2015) (Deviation 2015-02)
52.209-07 Information Regarding Responsibility Matters (July 2013)
DIAPR 2012-05 Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts (Feb 2012)— Department of the Interior (Deviation)
1452.209-80 Organizational Conflict Of Interest—Bureau of Reclamation (July 1997)—WBR
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
52.252-01 Solicitation Provisions Incorporated by Reference (Feb 1998)
52.216-01 Type of Contract (Apr 1984)
52.233-02 Service of Protest (July 1996) (Deviation)
52.252-05 Authorized Deviations in Provisions (Apr 1984)
1452.215-71 Use and Disclosure of Proposal Information (Apr 1984)—DIAR
1452.211-80 Notice of Intent to Acquire Metric Products and Services—Bureau of Reclamation (Mar 1993)—WBR
1452.215-81 General Proposal Instructions—Bureau of Reclamation (Jan 1998)—WBR
1452.215-82 Technical Proposal Instructions—Bureau of Reclamation (Apr 2001)
1452.215-83 Pricing Proposal Instructions—Bureau of Reclamation (Jan 1998)—WBR
1452.233-82 Notice of Proposed Partnering—Bureau of Reclamation (May 1994)—WBR
DIAPR 2000-1 Non-Discrimination Notice to U.S. Department of the Interior Contractors, Subcontractors and Lessors (Dec 1999)—Department of the Interior
ET 02-20 Authorized Workers Notice to Potential Bureau of Reclamation Contractors (Sept 2002)—Bureau of Reclamation
SECTION M – EVALUATION FACTORS FOR AWARD
52.217-05 Evaluation of Options (July 1990)
1452.215-80 Source Evaluation and Selection Procedures—Bureau of Reclamation (May 2005)—WBR
1452.215-85 Evaluation Factors for Award – Quality Predominance—Bureau of Reclamation (May 2005)—WBR
1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations—Bureau of Reclamation (May 2005)—WBR
SECTION A – SOLICITATION/CONTRACT FORM
CONTINUATION OF SECTION B
SUPPLIES OR SERVICES AND PRICE
B.1 PRICE SCHEDULE
(a) Offers will be considered for award on the pricing schedule found at Section J Attachment 2; no offer will be considered for award on only a part of the price schedule.
(b) Offers are subject to the terms and conditions of this solicitation
(c) Definitions:
1. CLIN – Contract Line Item Number
SERVICES
The services stated in the schedule will be invoked by giving written notice to the Contractor. If oral notice is given, it shall be confirmed in writing by the Contracting Officer within 5 days of such oral notice.
TASK ORDERS
Soon after the award of the contract, initial task orders will be issued for the performance of Cultural Resources. Each task order will define the work to be performed, the location of the work, and period of performance. In addition, each CLIN awarded at the task order level will be identified as firm-fixed-price or time-and-materials. Per FAR 16.601(d)(2), each task order will include a ceiling price;
contractors who exceed this ceiling price do so at their own risk..
Orders may only be issued by Bureau of Reclamation, Upper Colorado Region Contracting Officers. Orders may be issued orally or by electronic commerce methods.
OFFERED SERVICES
Offers for services less than those specified in the schedule may be determined unacceptable.
SCHEDULE FOR THE CONTRACT
Provide all personnel, materials or equipment necessary for completion of the Cultural Resources in accordance with the statement of work in Section C of this solicitation.
(a) Offers will be considered for award on the schedules provided in Section J Attachment 2, but no offers will be considered for award on only a part of a schedule.
(b) The schedule for the contract is included in Section J Attachment 2 “Section B Provided in Excel Format.” The excel spreadsheet contains all the schedules for the contract and must be used by the offeror to be considered for award.
(c) Actual quantities will be determined at time of Task Order award and will vary by Task Order.
MINIMUM AND MAXIMUM CONTRACT AMOUNT
During the life of this contract, the Government shall place orders totaling a minimum of $2,500.00 of the contract – see Contract FAR Clause 52.216-19 Order Limitations, Contract FAR Clause 52-216-22 Indefinite Quantity. FAR Clause 52.216-19 also stipulates the maximum amount per order.
During the life of the contract, the total maximum amount for the contract shall not exceed $50,000,000.00.
TRAVEL
Travel shall include applicable G&A and be non-fee bearing and in accordance with Federal Travel Regulations (FTR).
SECTION C – STATEMENT OF WORK
See Section J, Attachment 1.
SECTION D – PACKAGING AND MARKING
There are no clauses included in this section.
SECTION E – INSPECTION AND ACCEPTANCE
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 the following addresses:
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR) Clauses: https://www.acquisition.gov/supplemental_regulations Bureau of Reclamation Acquisition Regulation Supplement (WBR) Clauses: http://www.usbr.gov/mso/aamd/resources.html
Clauses Incorporated by Reference
52.246-04 Inspection of Services – Fixed Price (Aug 1996) 52.246-06 Inspection – Time and Material and Labor Hour (May 2001)
SECTION F – DELIVERIES OR PERFORMANCE
52.242-15 STOP WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—
(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)—DIAR
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(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.
DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM
(IPP) (APR 2013)—DEPARTMENT OF THE INTERIOR
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: Once the invoice has been submitted into the IPP system, the Contractor shall also submit an electronic copy of the invoice to the following:
Contracting Officer: lrock@usbr.gov Contract Specialist: lhancock@usbr.gov Procurement Technician: choopingarner@usbr.gov
Failure to email the invoice may cause significant delay or possible rejection of your payment request.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
1452.242-80 POST AWARD CONFERENCE—BUREAU OF RECLAMATION (JULY 1993)—WBR
(a) Prior to the Contractor starting work, a post award 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: Bureau of Reclamation, Western Colorado Area Office, 185 Suttle Street Suite 2, Durango, CO 81303.
(c) 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.
SECTION H – SPECIAL CONTRACT REQUIREMENTS
DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)—DEPARTMENT OF
THE INTERIOR
(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 processing 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 to Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firms' 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. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found a t this site.
(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22.
Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, block 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.
(f) The following guidelines apply concerning your use of the past performance evaluation:
(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS< contact the Contracting Officer for instructions.
(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
(3) Prohibit the use of or reference to evaluation data for advertised, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30 - day review period.
(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
CLAUSES NOT APPLICABLE TO TIME-AND-MATERIALS TYPE TASK ORDERS
During task order performance, the Contractor shall adhere to all contract-level clauses applicable to task orders; however, the following list of contract clauses DO NOT apply to Task Orders that are time-and-materials (T&M) type:
Clause Title Date
52.211-18 Variation in Estimated Quantity April 1984
52.229-03 Federal, State And Local Taxes February 2013
52.232-01 Payments April 1984
52.232-08 Discounts for Prompt Payment February 2002
52.232-11 Extras April 1984
52.243-01 A1 Changes – Fixed Price Alternate I (April 1984) August 1987
52.246-04 Inspection of Services – Fixed Price August 1996
52.249-04 Termination for Convenience of the Government (Services) (Short Form) April 1984
52.249-08 Default (Fixed-Price Supply and Service) April 1984
CLAUSES NOT APPLICABLE TO FIRM-FIXED-PRICE TYPE TASK ORDERS
(CLINS 29, 38, 40)
During Task Order performance, the Contractor shall adhere to all contract-level clauses applicable to task orders; however, the following list of contract clauses DO NOT apply to Task Orders that are firm-fixed-price (FFP) type:
Clause Title Date
52.232-07 Payments Under Time-and Materials and Labor-Hour Contracts August 2012
52.216-07 Allowable Cost and Payment June 2013
52.243-03 Changes – Time-and-Materials or Labor-Hours September 2000
52.246-06 Inspection – Time and Material and Labor Hour May 2001
52.249-06 Termination (Cost-Reimbursement) Alternate IV (September 1996) May 2004
52.249-14 Excusable Delays April 1984
52.244-02 Subcontracts October 2010
KEY PERSONNEL
(a) The Contractor shall assign the following key personnel to this contract:
Labor Category Name
Principal Investigator To be inserted at time of award
Project Manager To be inserted at time of award
Field Director To be inserted at time of award
Ethnographic Director To be inserted at time of award
(b) The personnel specified above are considered to be essential to work performance. Minimum qualifications for each key personnel position are found in Section 4 of the contract Statement of Work. Key personnel will be available for all necessary performance on this contract and all task orders requiring those labor categories for the duration of the period of performance.
(c) Substitutions.
(1) The Contractor shall make no substitutions for key personnel listed above without the written consent of the Contracting Officer.
(2) At least 30 days prior to diverting or replacing any key personnel, the Contractor shall notify the Contracting Officer of the intended substitution with the following information:
(i) comprehensive justification and explanation of the circumstances that necessitate the substitution;
(ii) the name and title of the proposed replacement;
(iii) a description of how the proposed replacement meets the qualification requirements contained in the contract;
(iv) the complete résumé of the proposed replacement;
(v) the proposed labor rate for the proposed replacement when the replacement’s qualifications are less than those of the incumbent key personnel; and
(vi) any additional information requested by the Contracting Officer.
(3) The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This contract will be modified to reflect any approved changes of key personnel.
SECTION I – CONTRACT CLAUSES
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 the following addresses:
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR) Clauses: https://www.acquisition.gov/supplemental_regulations Bureau of Reclamation Acquisition Regulation Supplement (WBR) Clauses: http://www.usbr.gov/mso/aamd/resources.html
Clauses Incorporated by Reference
52.202-01 Definitions (Nov 2013) 52.203-03 Gratuities (Apr 1984) 52.203-05 Covenant against Contingent Fees (May 2014) 52.203-06 Restrictions on Subcontractor Sales to the Government (Sept 2006) 52.203-07 Anti-Kickback Procedures (May 2014) 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-14 Display of Hotline Poster(s) (Oct 2015)
Fill in for Paragraph (b)(3): Poster(s): Hotline Poster / Obtain from: Contracting Officer at time of award
52.203-16 Preventing Personal Conflicts of Interest (Dec 2011)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-02 Security Requirements (Aug 1996) 52.204-04 Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 System for Award Management Maintenance (July 2013) 52.204-14 Service Contract Reporting Requirements (Jan 2014) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) 52.209-06 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for
Debarment (Oct 2015) 52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) 52.210-01 Market Research (Apr 2011) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.215-02 Audit and Records—Negotiation (Oct 2010) 52.216-07 Allowable Cost and Payment (June 2013)
Fill in for Paragraph (a)(3): 30th day
52.219-06 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-08 Utilization of Small Business Concerns (Oct 2014) 52.219-28 Post-Award Small Business Program Rerepresentation (July 2013) 52.222-03 Convict Labor (June 2003)
52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (July 2014) 52.222-37 Employment Reports on Veterans (Oct 2015) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.223-06 Drug Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-01 Authorization and Consent (Dec 2007) 52.227-02 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-14 Rights in Data – General (May 2014) 52.227-17 Rights in Data – Special Works (Dec 2007) 52.229-03 Federal, State and Local Taxes (Feb 2013) 52.232-01 Payments (Apr 1984) 52.232-08 Discounts for Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (July 2013) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 52.233-01 Disputes (Dec 1991)—Alternate I (May 2014) 52.233-03 Protest after Award (Aug 1996) 52.233-04 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-03 Penalties for Unallowable Costs (May 2014) 52.242-04 Certification of Final Indirect Costs (Jan 1997) 52.242-13 Bankruptcy (July 1995) 52.243-01 Changes – Fixed Price (Apr 1984)—Alternate I (Aug 1987) 52.243-03 Changes – Time-and-Materials or Labor-Hours (Sept 2000) 52.244-02 Subcontracts (Oct 2010) 52.244-06 Subcontracts for Commercial Items (Dec 2015) 52.246-25 Limitation of Liability – Services (Feb 1997) 52.249-04 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.249-06 Termination (Cost-Reimbursement) (Sept 1996)—Alternate IV (May 2004) 52.249-08 Default (Fixed-Price Supply and Service) (Apr 1984) 52.249-14 Excusable Delays (Apr 1984) 52.253-01 Computer Generated Forms (Jan 1991)
52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (FEB 2015) (DEVIATION 2015-02)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, 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 prohibitions 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.
(1) In accordance with section 743 of Division E, Title VII, or 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.
52.204-01 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of the Bureau of Reclamation and shall not be binding until so approved.
52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the contract completion date.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATION (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of $2,500,000.00;
(2) Any order for a combination of items in excess of $3,500,000.00; or
(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days beyond the expiration date of the contract.
52.217-08 OPTION TO EXTEND SERVICES (NOV 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 30 days before the final completion date of the contract.
52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 120 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to--
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;
(2) Part or parts of a multiple award contract that have been set aside for small business concerns or 8(a) concerns; and
(3) Orders set aside for small business or 8(a) concerns under multiple award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
1452.203-70 RESTRICTION ON ENDORSEMENTS (JULY 1996)—DIAR
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 may request the Contracting Officer to make a determination as to the propriety of promotional material.
1452.204-70 RELEASE OF CLAIMS (JULY 1996)—DIAR
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.
1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984)—DIAR
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
52.215-08 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
52.232-07 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)
The Government will pay the Contractor as follows upon the submission of vouchers approved by the Contracting Officer or the authorized representative:
(a) Hourly rate.
(1) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—
(i) Performed by the Contractor;
(ii) Performed by the Subcontractors; or
(iii) Transferred between divisions, subsidiaries, or affiliated of the Contractor under a common control.
(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed.
(3) The hourly rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.
Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(4) The hourly rates shall include wages, indirect costs, general and administrative expense, and profit. Fractional parts of an hour shall be payable on a prorated basis.
(5) Vouchers may be submitted not more than once every two weeks, to the Contracting Officer or authorized representative. A small business concern may receive more frequent payments than every two weeks. The Contractor shall substantiate vouchers (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by—
(i) Individual daily job timekeeping records;
(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or
(iii) Other substantiation approved by the Contracting Officer.
(6) Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract, and subject to the terms of paragraph (e) of this clause, pay the voucher as approved by the Contracting Officer or authorized representative.
(7) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government’s interests. The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a), but the total amount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph (g) of this clause.
(8) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(b) Materials.
(1) For the purposes of this clause—
(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) Materials means—
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and
(D) Applicable indirect costs.
(2) If the Contractor furnishes its own materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—
(i) Quantities being acquired; and
(ii) Actual cost of any modification necessary because of contract requirements.
(3) Except as provided for in paragraph (b)(2) of this clause, the Government will reimburse the Contractor for allowable cost of materials provided the Contractor--
(i) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or
(ii) Ordinarily makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is…
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